HOUSE OF REPRESENTATIVES.
FRIDAY, January 25, 1867.The CLERK called the House to order at 9 o'clock.
On motion of Mr. PEELLE,Mr. Higgins, of Laporte, was called to the chair.
Mr. SHUEY made an ineffectual motion to dispense with the reading of the Journal.
The Journal of yesterday was then read and authenticated.
Messrs. Stewart, Hopkins, Geisendorff, Shields, Thacher, Shuey, Skidmore, Miller and Williams obtained leave of absence till next week, and Mr. Bobo had leave of absence till to-morrow.
The Committee on Education obtained leave to sit during the session of the House this day.
Mr. BAKER stated that he was erroneously reported in the Indianapolis Gazette as having favored the United States Constitutional Amendment.
CENSURE OF MR. COREY.
Mr. CHAMBERS asked for a suspension of the order of business to enable him to move to take up the bill from the Senate, No. 26, making an appropriation for Legislative expenses.
Mr. PRATHER rose to a question of order - insisting that the pending resolution for the censure of Mr. Corey must have precedence of all other business.
Mr. GREEN, attempting to arrest debate on the merits of the resolution.
The PRESIDING OFFICER. The Chair understood the gentleman from Jennings was speaking to a question of order.
Mr. CHAMBERS withdrew his motion.On the motion of Mr. SHUEY, the resolution of censure was taken up - the question being on Mr. Douglass' motion to postpone.
Mr. PRATHER said he had desired that his friend (Mr. Corey) might have opportunity to excuse himself. He understood the gentleman, however, to defy the House.
Mr. COREY said he had not intended to offer any defiance to the House. His words of that character were intended to be directed against the gentleman whom he understood as having defied him. Be would now cheerfully say to the House that he regrets the cause which had induced the use of such language, and tender apology for the use of such language in the House.
Mr. PRATHER was very glad to hear the apology of the gentleman. The gentleman had so explained that he had nothing further to say.
Mr. VAWTER desired the vote.
Mr. NEWCOMB moved that the apology be accepted, and that the further consideration of the resolution be indefinitely postponed.
The motion was agreed to, and the resolution was postponed.
LEGISLATIVE EXPENSES, &C.
On motion of Mr. CHAMBERS, to House took up the Senate amendments the House amendments to the Legislative appropriation bill [S. No. 26], restoring the pay of the doorkeeper's assistants to $5 a day, and of the pages to $3, and striking out the appropriations for the Benevolent Institutions - the question being on concurring in the Senate amendments.
Mr. NEWCOMB moved that the House adhere to its amendment. He was unwilling to vote his own pay, and leave out the benevolent institutions. He proposed also to stand by the rights of the House.
Mr. SHUEY deprecated all effort to create a difference of feeling between the two Houses. The success of the motion to adhere would kill the bill. The motion should be to ask a Committee of Conference. He understood that the $40,000 appropriation was struck out with the approval of the President of the Board of Trustees of the Benevolent Institutions; and that a bill agreeable to the views of Board was prepared and ready to be introduced. He thought we had better concur, and made that motion.
Mr. WOLFE rehearsed the proceedings on the bill, dissuading the House from obstinate adherence to its amendments.
Mr. PRATHER preferred a separate bill for the benevolent institutions. He expected investigations into the management of these institutions, and the manner, which the appropriations of last session have been used. He alluded especial the appropriation for the incurable insane.
Mr. CMAMBERS objected to strategy delay this bill. A separate bill for the benevolent institutions could be passed without difficulty at any time. Adherence would be defeat. He would not stand on a proposition to reduce the pay of policemen and pages of the House.
page: 107[View Page 107]Mr. MATTHIS also opposed the motion of Newcomb, submitting the necessity of current pay of members and officers, andof the propriety of deference to the opinion of the Senate.
Mr. McFADDEN deprecated taking up time in this discussion
Mr. NEWCOMB changed the verbiage of his motion so as to say that "the House insists" though the other was equally parliamentary. A committee of conference could accommodate this matter in half an hour. With reference to the consent said to have been given by the President of the Board - Mr. Andrew Wallace - he supposed that it arose out of a statement of the fact It the former appropriations for these institutions expired in October last; that it as insufficient, &c. He showed that this House in 1865 thought it entirely proper to add to a similar bill an appropriation of $135,000 to repay money which the Governor had borrowed for expenses of these benevolent institutions. A conference committee could accommodate this matter perhaps to-day, and he did not want to seethe House in such haste to pay themselves, to the neglect of these institutions, which have been getting along three months without money.
Mr. HUGHES rehearsed the parliamentary condition of the bill - making the point that we (the House of Repesentatives) are the amending party, and that the Senate were in error in amending our amendment; that their action should have been non-concurrence. This parliamentaiy entanglement should be got rid of. After the reading of the Senate's action, he said that it amounted simply to non-concurrence; and he supported Mr. Newcomb's motion.
The motion was rejected.
Mr. SHUEY'S motion to concur in the Senate amendments to the House amendments was then agreed to without a division.
PETITIONS AND MEMORIALS.
Temperance petitions were presented by Messrs. Van Valkenburgh, Geisendorff, McMurray, Ferris, Evans, Dunn, Long of Kosciusko, Wolfe, Newcomb, Morrison, Chambers, Shuey, McClasky and Bobo, which were severally referred to the Committee on Temperance.
Mr. NEWCOMB presented the memorial of Barnabas E. Hobbs, Chairman, in behalf of the Yearly Meeting of Friends, held in Plainfield, Indiana, for a house of correction for juvenile offenders. It was referred to the Committee on Benevolent Institutions.
He also presented from the same source a memorial in regard to the 13th Article of the State Constitution, and the rights of colored persons: which was referred to the Committee on Rights and Privileges.
He also presented papers in the claim of James Blake, for services in connection with the Gettysburg monument; which were referred to the Committee on Claims.
On motion by Mr. BELFORD, the Railroad Committee obtained leave to sit today, during the session of the House.
REPORTS FROM COMMITTEES.
From the Judiciary Committee - Mr. DAGGEY returned Mr. Shuey's joint resolution, [H. R. 3] for amendment of the State Constitution, representing that legislation is inexpedient, for the reason that a similar amendment approved March 6th 1865 was still pending; which was concurred in.
Mr. McFADDEN returned his game law bill, [H. R. 83] with an amendment by way of substitute, for protection of wild game and fish, repealing all laws in conflict therewith and providing penalty for violation. In addition former modifications, bass, pike, pickerel and salmon are protected.
Mr. DAGGY returned the joint resolution [H. R. 5] proposing an amendment to the 8th article of the State Constitution for township school taxation, and represented that it is inexpedient to pass said resolution for the reason that the pending amendment of March 6,1865, provided for the amendment of said article. It was concurred in.
Mr, DAGGY also returned Mr. Thacher's Prosecuting Attorney bill [H. R. 161 with a recommendation against its passage. It was concurred in.
The SPEAKER laid before the House the report of the Trustees of the Wabash and Erie Canal.
On motion by Mr. NEWCOMB, it was laid on the table, and 500 copies ordered printed.
RESOLUTIONS.
On motion by Mr. ROSS, it was
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of amending section 405 of the practice act so as to authorize execution to issue on all judgments which remain unpaid any time within ten years from the rendition thereof.
Mr. MONTGOMERY submitted a resolution, which was adopted, reciting that the first volume of the statutes of the State of New York has been lost from the State Library, and authorizing the State Librarian to purchase the such volume.
On motion by Mr. STACKHOUSE, it was -
Resolved, That the Committee on the Judiciary be instructed to inquire into the necessity of revising the statutes of the State of Indiana, and that they report by bill or otherwise.
Mr. BRUCKER submitted the following:
Resolved, That the Committee on Education be instructed to investigate the expediency of amending seetion 12 of an act to provide for a general system of common schools, &c., approved March 6th, 1865, so that it will read as follows:
SEC. 12. The trustees of the several townships, towns and cities shall have power to lay a special tax in their respective townships, towns, and cities for the construction, seating or repairing of school houses, providing furniture, school apparatus, and fuel therefor, and for the payment of the necessary expenses of the school, ex-
page: 108[View Page 108]cept tuition; but no tax shall exceed the sum of 60 cents on each $100 worth of taxable property; and 50 cents on each poll in one year; and the in come from said tax shall be denominated the special school revenue ; and any taxpayer who may choose to pay to the treasurer of the township, town or city wherein said taxpayer has property liable to taxation, any amount of money, or furnish building material for the construction of school houses or furniture or fuel therefor, shall be entitled to a receipt therefor from the trustees of said township town or city, which shall exempt such taxpayer from any further taxes for said purposes, would, if not thus paid amount to the sum or value of the materials so furnished or amount so paid; provided that said building materials or furniture and fuel shall be received at the option of said trustees.
It was referred to the Committee on Education.
NEW PROPOSITIONS,
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced:
By Mr. WASON, [H. R. 132] for the protection of fur-bearing animals. [Otter, mink, raccoon and muskrat, not to be taken between the first days of April and December.] It was referred to the Committee on Rights and Privileges.
By Mr. WOODS, [H. R. 133] to amend the 38th section of the act providing for the election and qualification of Justices of the Peace, and defining their jurisdiction, powers and duties in civil cases, approved June 9, 1852 [Respecting amendments of pleadings and delays of trial.] It was referred to the Committee on the Judiciary.
By Mr. VAWTER, [H. R. 134] to prevent the importation of votes, to protect legal voters and to punish those who, from fear or reward, induce any man to vote different from his own sentiments [Penalty $100 to $200, $500 to $1,000; imprisonment and disfranchisement.] It was referred to the Judiciary Committee.
By Mr. MOORE, [H. R. 135] to amend section 11 fixing the times of holding Common Pleas Courts, &c., approved March 5, 1859. [Affecting the counties of Hancock, Madison, Henry, Ruth and Decatur.] It was referred to the Committee on Organization of Courts of Justice.
By Mr. PEELLE, [H. R. 136] leasing the Northern State Prison and providing for the appraisement and transfer of property belonging to the State in and about said prison. [Proposing to lease to Richard Epperson and David J. Silver for ten years from the 11th of March, 1867] It was referred to the Committee on the Judiciary.
By Mr. BIRD, [H. R. 137] authorizing Township Trustees to administer oaths generally, and to take acknowledgements of deeds and mortages. It was referred to the Committee on the Judiciary.
By Mr. O'NEIL, [H. R. 138] to repeal an act entitled an act in relation to County Treasurers, approved March 6,1865. Referred to the Committee on the Judiciary.
Mr. ROSS (in view of the press of business before the committees,) moved that when the House adjourns to-day it shall be till Monday, at 2 o'clock P. M.
It was so ordered.
Mr. McFADDEN moved ineffectually to suspend the regular order of business, for the purpose of extending the order for bills and resolutions.
JUDICIARY COMMITTEE.
On motion of Mr. HUGHES, Messrs. Green and Dunn were added to the Committee on the Judiciary.
THE CALENDAR
The joint resolution [S. No. 4] for priority of redemption of the interest bearing portion of the public debt, coming up, it was read and referred to the Special Committee on Finance.
The State Librarian bill [S. No. 5] coming up, it was read and referred to the Committee on Fees and Salaries.
The legalizing of deeds bill [S. 24] coming up, was passed to the second reading.
The School bill [S. 50] was passed to the second reading.
SHERIFF'S MILEAGE APPROPRIATION.
The Sheriff's Mileage Appropriation bill [S. 69] coming up, it was passed to the second reading.
Mr. MILLER moved to suspend the constitutional restriction so as to admit the second and third readings of the bill to-day.
The motion was agreed to - yeas 64, nays 16 - and the bill accordingly passed the House of Representatives - yeas 66, nays 11,the title: "An act making an appropriation [of $12,000] for Sheriff's mileage."
The bill [S. 22] restricting fees charged to soldiers, was referred to the Committee on the Judiciary.
The Road purchase bill [S. 21] coming up, it was read the second time.
Mr. WOLFE moved ineffectually to refer it to the Committee on Corporations.
Mr. HARTMAN said the Committee on Railroads understood that whilst it was really a general bill, its effect would be local-enabling the purchasers of a plank road in the Southern part of the State to organize a separate corporation.
It was passed to the third reading.
On the motion of Mr. WRIGHT, he was excused from visiting the Northern Prison with the committee thereon, and it was ordered (informally) that Mr. Ferris perform that service in his place.
And then [at 12:05 P. M.] the House adjourned till Monday two o'clock, p. M.
