HOUSE OF REPRESENTATIVES.
MONDAY, January 28, 1867.The SPEAKER took the Chair at 2 o'clock P. M.
On motion of Mr. PRATHER the reading of the journal of Friday was dispensed with.
PETITIONS AND MEMORIALS.
Mr. McLEAN presented the petition of sundry citizens of Terre Haute, together with sundry members of the Grand Army of the Republic, asking for the location at that place of the Soldiers' Orphans' Homeproposing an endowment of $150,000. It was referred to the Committee on Military Affairs.
Mr. NEWCOMB presented papers in the claims of John Stump and William Hubbard, which were referred to the Committee on Claims.
Messrs. Daggy, Black, Montgomery, Barritt, Stewart, Geisendorff, Donaldson, fireen, Craia, Honneus, Watson. Gordon, Long, of Kosciuako, Baker, McClasky, McFadden, Hartman, Carter. Ratliff, Wolfe and McLean severally presented petitions on the subject of temperance," which were referred to the Committee on Temperance.
[A message was received from Governor Baker, announcing his assumption of the gubernatorial office, and the appointmentof Captain John M. Commons as Executive Messenger.]
Mr. Speaker Branham, Mr. McLean, Mr. Green and Mr. Crain obtained leave to record their votes for the ratification of the United States Constitutional Amendment
REPORTS FROM COMMITTEES.
From the Committee on the Judiciary
Mr. McLEAN returned Mr. Campbell's wife witness bill [H. R. 40] recommending its passage.
Mr. BELFORD returned his insurance bill [H. R. 59] recommending its passage. He also returned Mr. Hamilton's jail-covict labor bill, [H. R. 124] reporting adversely to its passage. It was laid on the table. He also returned Mr. Watson's clerks' index bill, [H. R. 108] reporting adversely to its passage.
Mr. WATSON said: This is a proposition for requiring clerks to go back and index books made prior to their coming into office, and authorizing County Commissioners to make a just allowance for such service.
On motion by Mr. MONTGOMERY, the bill was indefinitely postponed. Subsequently -
On motion of Mr. HARTMAN, the vote was reconsidered, and it was referred again to the Committee on the Judiciary.
Mr. BELFORD also returned Mr. Wilson's Divorce bill [H. R. 88] recommending amendment to the Divorce law, but adversely to the passage of this bill. It was indefinitely postponed.
Mr. ROSS returned Mr. Morrison's Clinton Common Pleas proceedings bill [H. R. 39] with three amendments, recommending its passaeg.
Mr. McFADDEN returned Mr. White's penitentiary term bill [H. R. 66] recommending that it be not passed. The report was laid on the table.
CRIMINAL PROCEDURE.
Mr. McFADDEN, from the Judiciary Committee, returned Mr. White's criminal procedure bill [H R. 112] with the opinion that legislation thereon is inexpedient.
Mr. MILLER objected to concurrence in the terms of the report.
Mr. McFADDEN was willing to have the bill recommitted, and amend the report. He said, as the law now is, the counsel has the right to open and close the argument. The bill proposes to change the rule so that the State shall open and close.
Mr. MONTGOMERY moved to indefinitely postpone the bill.
Mr. MILLER hoped the House would not concur in the report. The present law opened the door to crime. It was logical that the State should open and close the argument. Very often the Prosecuting Attorney has to make up the State's cases in the dark. There was no other State that had such rule of law as this.
Mr. McFADDEN said the presumption should be always on the side of the defendant.
Mr. STAFFORD hoped the House would page: 113[View Page 113] concur in the report, if the defendant were permitted to testify in his own behalf.
Mr. NEWCOMB. The result of the existing law in this respect had been an increase of crime. It was borrowed from Kentucky and what State would copy the criminal jurisprudence of Kentucky, where it was notorious that no criminal could be punished if he have money to employ influential counsel? He could see no reason why there should be a different rule in criminal cases from that in civil cases. This difficulty had been well stated by the gentleman from Tippecanoe (Mr. Miller.) He thought that justice and the best interests of the State require a change.
Mr. McLEAN. This rule had obtained since the adoption of the new code of practice. The Constitution provides that the law should not be administered in a spirit of vindictive justice, but rather with respect to the reformation of the criminal. The alleged increase and prevalence of crime was referable to other causes than this rule of practice. If Judges and Juries do their duty, there was no need of apprehension of evil on account of this rule.
Mr. BELFORD thought our whole criminal code should be recast - it was radically defective. The Prosecuting Attorney was not unfrequently a weak member of the bar. He thought the bill ought to be considered with a view to the amendment of the law so as to throw its checks and guarantees around society more securely.
Mr. ROSS urged first a serious consideration of the existing law, before a change was made. There had been but little objection to this law. Where was the complaint that criminals go unpunished? He rehearsed the existing rule, and its application in practice. If the Prosecuting Attorney was not a first class lawyer, it should not be forgotten that there is a Judge to sum up the case. There was a constant, almost a morbid disposition for changing laws, and many such propositions were now before the Judiciary Committee, and they would be generally reported against, where there is not a manifest necessity for a change.
Mr. HARTMAN. If prosecuting attorneys were not of a sufficient influence, let the legislatures look to that matter, and give them better compensation, &c.
Mr. WOODS, had been a prosecutor-deputy, and from his experience he thought it was good enough as it stands.
Mr. MILLER read the rule of practice in criminal cases. The brief statement" for the defense was simply "not guilty." when it was desirable to take a "snap-judgment." taring not for the inexperience or otherwise of prosecuting attorneys, he alleged that no man, however competent, could prosecute efficiently under the present rule. The judge was now compelled to "construct" the argument which the rule includes the prosecutor from offering. And this sometimes helps the motion for a change of venue. The law ought to be changed.
Mr. LITSON answered Mr. Miller. The present rule of criminal practice had worked well in the rural districts, if it had not done well in Marion and Tippecanoe. The criminal is not allowed to testify - but the State - the prosecutor - was permitted to testify; and now it was proposed to withhold from the criminal the poor privilege of closing the argument. He thought the report should be sustained.
Mr. CRAIN said under the old practice,, the criminal lost the advantage of frivolous motions to quash indictments. All that was taken away by the adoption of the new code of practice. He would not take away all advantage from the defense.
Mr. NEWCOMB. The fact that captious of objections to the indictment were done away, was only a remanding of the case back to the grand jury. He argued further for the change.
The question was taken by yeas and nays first, on concurrence in the report - resulting - yeas 50, nays 23 - as follows:
YEAS - Messrs. Baker, Barritt, Bird, Black, Blanch, Brucker, Carter, Corey, Crain, Crowe, Daggy, Danaldson, Douglass, Dunn, Edmonson. Erwin, Evans, Gordon, Green, Greer, Hartman, Hays, Honneus, Hostetter, Hudson, Inman, Litson, Mason, Matthis, McFadin, McLean, McMurray, Moore, Morrison, Montgomery, Prather, Ross, Shanks, Shook, Shull, Smith, of Lagrange, Stackhouse, Stafford, Tebbs, Thacher, Vawter, Wolfe, Woods, Wright, and Mr. Speaker - 50.
NAYS - Messrs. Belford, Fuller, Geisendorff,, Griggs, Hamilton, Hughes, Long, of Kosciusko, McCarthy, McClasky, Miller, Newcomb, Ratliff, Rosser, Sabin, Scammahorn, Stewart, Thomas, Wason, Watson, Williams, Wilson, Wolfer and Wolflin - 23.
So the report was concurred in.
Mr. RAGAN, from the Committee on the Judiciary, returned Mr. White's change of venue bill [H R. 119] recommending that it do not pass.
Mr. WOODS returned Mr. Peelle's clerk's vacancy bill [H. R. 69] recommending its indefinite postponement.
Mr. ROSS returned Mr. Crain's dentistry practice bill [H. R. 62] recommending its indefinite-postponement.
Mr. WOODS returned Mr. Wright's deputy sheriff sale legalization bill [H. R. 87] recommending its indefinite postponement.
Mr. ROSS returned Mr. Bvan's guardian's mortgage security bill [H. R. 86] with the opinion, that it would involve clerks in difficulty, and recommending its indefinite postponement.
These reports were severally concurred in.
Mr. WOODS, from the Judiciary Committee, returned Mr. Van Valkenburgh's fornication bill, [H. R. 107] recommending its passage. Also, Mr. Griggs'printer's fee bill, [H. R. 117] with amendments: striking out the words : "out page: 114[View Page 114] of which the printer shall pay the postage ;" and recommending its passage.
Mr. McFADDIN, from the same committee, returned Mr. Belford's change of venue bill, [H. R. 113] with the expression of opinion that a change should be made in the law regulating change of venue in criminal cases, but, because the bill will not remedy the evil, recommending its indefinite postponement.
On the motion of Mr. MILLER, it was recommitted, with instructions to report a proper bill.
Mr. DAGGY, from the Judiciary Committee, returned Mr. Evans' Administrators' Mortgage Security bill [H. R. 92], reporting against its passage. He also returned Mr. Griggs' Newspaper Advertisement bill [H. R. 122], recommending its indefinite postponement. These reports were concurred in.
Mr. DUNN, from the Committee on Claims, returned the claim of Surgeon Jonathan R. Tilghman, with the expression of opinion that the General Government would pay this claim, if properly presented, and with a motion that the claimant have leave to withdraw his papers.
The report was concurred in.
Mr. WRIGHT, from the same committee, returned Mr. Bassitt's bill [H. R. 29] for relief of Walter G. Prather, of Bartholomew county, with a motion that it be laid on the table, and no further action be had thereon. It was concurred in.
Mr. STAFFORD, from the Claims Committee, returned papers in the claim of Captain Dillon Briggs for furnishing twenty-four recruits at $6 dollars each, recommending that, the claim be allowed and placed in the Specific Appropriation bill. He caused to be read a letter from the Adjutant General, sutainling the claim: and Mr Wright stated that the Adjutant General told him that this was the only claim of this class outstanding and unpaid. The report was concurred in - affirmative 36, negative not counted.
Mr. DONALDSON, from the Committee on Agriculture, returned Mr. Williams' Dog law repeal bill [H. R. 123] recommending its indefinite postponement.
It was concurred in.
AMENDMENT OF THE RULES.
Mr. NEWCOMB submitted the following:
MR. SPEAKER: The Select Committee appointed to revise and recommend to the House amendments of its standing rules and orders, have had the same under consideration, and have instructed me to make the following
REPORT.
The committee recommends that the 15th rule be abrogated, and the following adopted in lieu thereof:
15. When a member has been taken into custody as provided in rule 14, and brought before the House, before he is discharged, the House shall determine whether his discharge shall be or without paying fees and the expenses of such special messenger, when one has been employed; and also whether he shall be fined, which fine may be in any sum not exceeding ten dollars for each day or part of a day he shall have been absent without leave, which fees, charges and fines shall be deducted from the pay of such delinquent member.
II. Strike out rule 22 and insert the following:
22. A motion to adjourn, and a motion to fix the time to which the House shall always be in order, except when the previous question is pending; these, and a motion to lay on the table, and to suspend the order of business, shall be decided without debate.
Sirike out rule 28, and insert the following:
28. No member shall vote on any question in the event of which he is immediately and particularly interested, or in any case where he was not within the bar of the House when the question was put, unless by consent of the House, and in no case shall such absent member be allowed to vote after the result has been announced, when his vote will change the decision of the question. For the purpose of determining whether a quorum is present, all members within the House when the question is stated by the Speaker, and a vote is on a call of the ayes and noes, shall be counted, and such of them as fail to respond to their names when called, shall be noted by the Clerk as present, and not voting. The hall of the House shall be deemed and held to include the entire chamber in which the body holds its sessions.
III. Strikeout Rule 29, and insert the following:
29. Upon a decision and count on any question on which the ayes and noes are not demanded or required, no member without the bar shall be counted.
IV. The committee further recommend the following addition to rule 35, after the word "debate," in the last line thereof, to wit: "And after the demand for the previous question was been seconded by the House, no motion shall be entertained to excuse a member from voting.
V. The committee further recommend that the 40th rule be amended by striking therefrom, and abolishing the "Committee on th Affairs of the City of Indianapolis," and inserting in lieu thereof, a "Committee on Cities and Towns."
VI. Amend Rule 55, by adding after the word "proceed," in the second line, these words, "unless otherwise ordered by the House."
VII. In lieu of the abrogated 63d Rule, the Committee recommends the adoption of the following:
63, No standing rule or order of the House shall be rescinded or changed without one day's notice being given of the motion thereof.
Mr. McFADDEN, for the minority of said Committee, submitted a report, dissenting fromthe report of the majority, for the reason, that it the proposed amendments were adopted, they would enable the majority of the House to suspend the order of business and take up bills out of their order and pass them the same day - especially protesting against the change proposed in rules 62 and 63; and recommending the continuance of the Rules of the last House of Representatives.
Mr. BAKER moved the adoption of the minority report.
The SPEAKER. The question is on concurrence with the majority report. The minority report can be regarded as an amendment.
Mr. NEWCOMB said the report was unanimous with the exception of the gentleman from Cass (Mr. McFaddin).
The yeas and nays being demanded and ordered on the first question, viz., on concurrence in the report of the minority, the result was- yeas 28, nays 41- as follows:
YEAS - Messrs. Baker, Barritt, Bird, Black, Brucker, Carter, Corey, Crowe, Douglass, Edmonson, Fuller, Green, Honneus, Hostetter, Inman, lopp, Matthis, McFadin, Morrison, Montogomery, Ross, Shanks, Shull, Stackhouse, Tebbs, Thatcher, Vawter and Wolfe - 28.
NAYS - Messrs. Belford, Blanch, Daggy, Dunn, Erwin, Geisendorff, Gordon, Greer, Griggs, Hartman, Hamilton, Hudson, Hughes, Litson, Long of Kosciusko, Mason, McCarthy, McClasky, McLean, McMurray, Miller, Moore, Newcomb, Prather, Ratliff, Rosser, Sabin, Scammahorn, Shook, Smith of Lagrange, Stafford, Stewart, Thomas, Wason, Wilson, Wolfer, Wolfin, Woods and Mr. Speaker - 41.
So the minority report was rejected.
page: 115[View Page 115]And the report of the majority was concurred in without a division.
On the motion of Mr. NEWCOMB, it was
Ordered, That two hundred copies of the amended rules be printed for the use of the House.
Mr. GREEN moved that the amended rules be not operative till printed and laid on the tables of members.
Mr MILLER and Mr. PRATHER regarded the motion as out of order.
Mr. HOSTETTER insisted that the majority should not force upon the House rules which the members do not know.
Mr. HARTMAN and Mr. NEWCOMB spoke to the point of order, showing that the the motion was a change of the rules and required a day's notice.
Mr. GREEN then gave notice that to morrow he would make the motion he had just indicated.
NEW PROPOSITIONS.
Bills for acts of the General Assembly numcered and titled to the following effect were introduced:
By Mr. PRATHER, [H. R. 139] to amend section 5 of the act to provide for a more uniform mode of doing township business [proposing to extend the term of Township Trustee to three years.] It was referred to the Committee on County and Township Business.
By Mr. DANALDSON, [H. R. 140] to amend sections 2 and 4 of the dog law of March 11, 1861, [not conflicting with the act of 1852, for the protection of sheep.] It was referred to the Committee on Agriculture.
By Mr. WILSON, [H. R. 141] regulating the interest on money, and repealing all laws conflicting therewith. [To fix the legal rate as parties may agree - not exceeding 10 per cent., which may be taken in advance, &c ]
By Mr. NEWCOMB, [H. R. 142] to authorize the president and directors of street railroad companies to raise funds to discharge their debts, by authorizing the issue of preferred stock, &c. It was referred to the Committee on Railroads.
By Mr. WOODS, [H. R. 143] in relation to the compensation of witnesses, and repealing section 238, article 13, of the general act, and the amendments thereto of March It, 1861. [All persons to be competent witnesses, with the usual exceptions, &c.] It was referred to the Committee on the Judiciary.
By Mr. WASON, [H. R. 144] to prevent the spread of disease amongst sheep. It was referred to the Committee on Agriculture.
By Mr. GRIGGS, [H. R. 145] to amend the 5th article, section 22, of the act providing for the incorporation of towns, the election of officers thereof, declaring their duties, etc. [Respecting licenses restraining auction establishments.] It was referred to the Committee on the Judiciary.
By Mr. HONNEUS, [H. R 146] to provide by law for the construction of stopping points or stations, and for the construction of side tracks on railroads, and providing penalty for violation. [Stations at all towns not less than five miles apart] It was referred to the Committee on Railroads.
By Mr. SHOOK, [H. R. 147] to amend sections 10, 13, 14, 15, 16, 17 and 18 of the act relative to the fees of officers, and repealing former acts in relation thereto. [County Commissioners' fees $4 a day - increasing fees in criminal cases - generally of Sheriffs, Justices and witnesses in the Supreme and Common Pleas Courts.] It was referred to the Committee on Fees and Salaries.
By Mr. THOMAS, [H. R. 148] to amend the first section of the act for the protection of sidewalks in towns and villages, and for the preservation of shade trees planted along the same, approved March 5, 1859. [Unlawful to drive on sidewalks, unless by crossing, without reference to width of street ] It was referred to the Committee on Roads.
By Mr. BAKER, [H. R. 149] to provide for taxing incomes arising on bonds and other securities of the United States. It was referred to the Committee on Ways and Means.
By Mr. BELFORD [H. R. 150] It was referred to the Judiciary Committee without reading.
By Mr. SABIN, [H. R. 151] to amend section 13 of the act providing for the election and qualification of Justices of the Peace, &c , (with reference to suits outside he townships.) It was referred to the Committee on Organization of Courts of Justice.
By Mr. WILSON, [H. R. 152] to amend he 4th section, and repeal the 5th section f the act to discourage the keeping of useless and sheep-killing dogs of March 11th, 1861nothing conflicting with the act of 1852. It was referred to the Committee on Agriculture.
By Mr. WOLFE, [H. R. 153] to repeal section 15 of the act to create a State Normal School. It was referred to the Committee on Education.
By Mr. MONTGOMERY, [H. R. 154] It was referred to the Committee on Agricultural without reading, (to amend section 5 of the dog law.)
By Mr. SHOOK, [H. R. 155] to amend be 2d section of the Dog law. It was referred to the same committee without reading.
page: 116[View Page 116]By Mr. SCHAMMAHORN, [H. R. 156] to prevent certain persons from voting in the State of Indiana. [Who have taken up arms against the Government, &c.] It was referred to the Committee on the Judiciary.
By Mr. RATLIFF, [H. R. 157] to amend sections 1, 10 and 14 of the Common School law. [Striking out the word "white" - twenty children to constitute a colored school - a less number may be transferred to other colored schools taxation for school purposes shall be applicable to colored persons, &c.] It was referred to the Committee on Education.
CLERKS POSTAGE.
On motion by Mr, LITSON, it was -
Resolved, That the Principal, Assistant and Minute Clerks of the House of Representatives shall be allowed to draw on the State Librarian for a sufficient amount of postage stamps to enable them to discharge their official duties - not exceeding in amount $10 each.
SOUTHERN PRISON REPORT.
On motion of Mr. BRUCKER, it was -
Resolved, That three hundred copies of the Report of the Directors of tho Southern Prison (without the accompanying documents) be printed for the use of the House.
TREASURY WARRANTS.
On motion of Mr. RATLIFF, it was
Resolved, That the Auditor of State be and he is hereby requested to forward to the House of Representatives, immediately, a report, showing the amount of warrants drawn on the Treasurer of State, by whom drawn, and in whose favor, on account of the State boldiers' Claim Agency, both of Indianapolis and Washington City, specifying the years in which the same were drawn, and the law or appropriation giving authority therefor.
ADJOURNMENT.
On motion by Mr. BELFORD, it was
Ordered, That when the House adjourns today, it shall be till to-morrow at two o'clock P. M.
EQUALIZATION OF BOUNTIES.
Mr. GORDON submitted a joint resolution [H. R. No. 6]:
WHEREAS, A law passed the first session of the 39th Congress, giving to certain soldiers an additional bounty of $100 failed to render full satisfaction to our country's defenders, or to satisfy the wishes of the loyal people of Indiana; therefore,
Resolved, By the General Assembly of the State of Indiana, that our Senators in Congress be instructed and our Representatives requested to use their influence to secure the passage of an act to equalize the bounties of soldiers, similar to the one which first passed the House at the last session of Congress.
It was read and referred to the Committee on Federal Relations.
QUALIFICATION OF SCHOOL TEACHERS.
Mr. BIRD submitted the following:
Resolved, That the Committee on Education take into consideration the matter of so amending the 37th section of the Common School Laws as to require teachers to be experienced in the fundamental principles of government, State and National, in addition to those already specified in the law.
It was rejected.
TAXATION FOR SCHOOLS.
Mr. BELFORD submitted the following:
Resolved, That the Committee on Education is hereby instructed to inquire into the expediency of repealing so much of the 1st section of the act providing for a general system of common schools as exempts negroes and mulattoes from taxation for common school purposes.
It was rejected.
The House then [at 5 P. M.] adjourned.
