HOUSE OF REPRESENTATIVES.
TUESDAY, January 29, 1867.The House met at 2 o'clock P. M.
On motion of Mr. CRAIN, the reading of the journal of yesterday was dispensed with.
NATIONAL INTEREST BEARING DEBT.
The SPEAKER announced the special order, to-wit: the consideration of Mr. priority of payment of this class of the National indebtedness.
Mr. LOPP and Mr. WHITE proposed amendments.
Which were ruled to be out of order.
Mr. McLEAN preferred to postpone till one week from to-day at 2 o'clock.
Mr. CRAIN proposed to postpone till Thursday at 2 o'clock.
Mr. WOLFE would prefer the latter proposition.
Mr. Crain's motion was agreed to - affirmative 44, negative not counted - and the joint resolution was postponed 'till this day week.
CORRECTIONS.
Mr. GREEN corrected a misprint in these reports in the Indianapolis JOURNAL, which represents him on Monday as recording his vote for the United States Constitutional Amendment. He voted against that propopsition to ratify, &c.
Mr. GREER said that on Monday he had asked leave to record his vote in favor of that amendment, which, he believed, did not appear in the reports.
Mr. GORDON. In the Indianapolis JOURNAL of the 26th he is recorded as voting in the negative on the adoption of the address of the General Assembly to Governor Morton, on the occasion of his retiring from the Governor's office. Gentlemen around him know that he voted in the affirmative on Judge Hughes' resolution. Governor Morton has no warmer friend than he. He voted for that joint resolution; and it would be an insult to his constituents for him to vote differently.
Mr. LONG, of Kosciusko. obtained leave to record his vote in the affirmative on the passage of the joint resolution [S. No. 1] for the ratification of the United States constitutional amendment.
Mr. O'NEIL obtained leave to record his vote against said ratification.
ABSENCE.
On motion of Mr. CROWE, Mr. Hungate obtained leave of absence on account of sickness.
On motion of Mr. WOODS, Mr. Ferris obtained further leave of absence.
Mr. Hays and Mr. Shields obtained further leave on account of sickness.
ORGANIZATION OF COURTS.
On motion of Mr. PEELLE, it was
Ordered, That Mr. Watson be added to the Committee on organization of Courts of Justice.
THE CALENDAR.
On motion by Mr. NEWCOMB, the House took up the Calendar of Business in order.
ROAD PURCHASERS' EXTENSION.
The railroad-plankroad bill [S. 21] coming up on the third reading -
Mr. CRAIN explained the single object of the bill - extending time of purchasers' organization, for 30 days after the passage of this act.
The bill was finally passed the House of Representatives yeas 69, nays 3.
The Exhibition License bill [S. 17] coming up on the second reading, it was referred to the Judiciary Committee.
The School Special tax bill [S. 50] coming up on the second reading
Mr. CRAIN moved its reference to the Committee on Education.
On motion by Mr. NEWCOMB it was laid on the table it being a bill for raising revenue, which must originate in the House of Representatives.
The Legalizing bill [S. 24] coming up, was referred to the Committee on the Judiciary.
Mr. Bobo's special sewer tax bill [H. R. 89] coming up with a recommendation from the committee, it was read the second time, and ordered to the engrossment.
Mr. Hamilton's clerks' papers and moneys bill [H. R. 24] coming up, the special amendment of the committee was adopted, and it was ordered to the engrossment.
Mr. Ferris' wives' conveyance bill [H. R. 17] coming up, the Judiciary Committee's amendment was adopted, and it was ordered to the engrossment.
Mr. Shields' fur bill [H. R. 63] corning up, with the amendment of the committee striking out "muskrat," and "1st" instead of "15th" of October - $5 instead of $2 fine -
The amendments were concurred in.
Mr. SHUEY moved to amend further, by striking out that part which gives half the penalty to the informant. It was unconstitutional.
It was concurred in.
The bill was then ordered to be engrossed.
RECORDERS.
Mr. Ratliff's Recorders' advance fee bill [H. R. 106] coming up, with a committee recommendation, it was read.
Mr. RATLIFF explained its single provision for advance pay, and allowing the Recorder 25 cents for certificate of title.
Mr. SULLIVAN opposed the consider- page: 121[View Page 121] ation, that it might make difficulty about titles.
Mr. STAFFORD proposed to amend by striking out so much of the bill as requires twenty-five cents for recording an acknowledgement; which he subsequently withdrew.
Mr. WOODS understood that the Recorder could now demand his fee in advance. The record is made in presumption of law at the time the instrument is presented for record.
Mr. FOULKE said there was $475 due now to the recorder of his county for records. He saw no impropriety in allowing him to demand fee in advance.
Mr. KIZER. Would it be legal for the recorder to refuse utterly to mae the record? He moved to lay the subject on the table.
The motion was rejected.
On motion by Mr. NEWCOMB, the bill was referred to the Committee on the Judiciary.
INNKEEPERS' LIABILITIES.
Mr. PEELLE'S inkeepers' bill [H. R. 111] coming up, it was read with the Committee's recommendation.
Mr. MILLER. We have a well settled law regulating these liabilities.
Mr. PEELEE. It was only the common law. This bill was nearly acopy of the law of the State of Ohio, It would avoid the confusion of mixtures of law and fact in trials.
Mr. HUGHES. The necessity for its passage was found in the consideration of the large number of quests in the hotels induced by railroad travel, &c.
On motion of Mr. ROSS it was referred to the Committee on the Judiciary.
Mr. Thacher's Oath Administration bill [H. R. 16] coming up, it was laid on the table.
Mr Chambers' 14th Judicial Circuit bill [H. R. 49] coming up with a favorable report from the Committee on Organization of Courts -
On motion by Mr. NEWCOMB, it was referred to the Special Committee for re-districting the State for Judicial purposes.
Mr. Chambers' 13th and 7th Judicial Circuit bills [H. R. 50 and 51] coming up, they were read and referred to the same committee.
Mr. Higgins' North Prison, District bill [H. R. 72] coming up [It adds Marion county to the Northern District,] with a committee recommendation, it was ordered to the engrossment.
Mr. Ratliff's Grant Common Pleas bill [H. R. 53] coming up with a favorable committee recommendation, it was ordered to the engrossment.
TOWNSHIP TRUSTEE.
Mr. Skidmore's Township Trustee three-years-term bill [H. R. 84] coming up with a committee recommendation.
Mr. WOLFE proposed to amend by striking out "three" and inserting "two."
Mr. BLACK proposed "one."
Mr. SHUEY moved, ineffectually, to indefinitely postpone the subject.
Mr. Black's amendment was rejected.
Mr. HARTMAN gave considerations in favor of extending the term to three years.
Mr. SHUEY made the motion to postpone, because, if the people elect a good man, they will be wise enough to re-elect him. If the trustee was not worthy of the place, one year was too long. He would not change a law without manifest necessity.
Mr. WILSON offered considerations in favor of the longer term. It takes one year to learn how to transact the business of a trustee.
Mr. PRATHER was satisfied that this change should be made. He gave reasons: it would obviate difficulties in contracts for building school houses. The bill ought to pass as it is.
Mr. STEWART favored indefinite postponement. If it were for the term of the school trustee, he would favor it. He would support a bill for the transference of the township school business to the school trustee.
Mr. MILLER had been applied to by more persons for extending the term of this office than for any other purpose. He would have it, even if the school business were transferred to others.
Mr. BARRETT preferred the law as it is. Why not extend the term of constables and the rest? But he was opposed to it.
Mr. WASON said his people were in favor of the one year term of the town trustee, and a three years term for the school trustee.
Mr. RATLIFF said there was no proposition to divide and transfer the school business from the township trustees.
Mr. WOLFE opposed other consideration against extending the term beyond two years.
Mr. MARTIN saw no necessity for the change proposed. He had seen no evil result from the one year term. The people were generally careful about the selection of trustees: and they continued good men.
Mr. CRAIN demanded the previous question, and there was a second.
Mr. Wolfe's amendment for two years was adopted - affirmative 47, negative 14.
So the bill was ordered to the engrossment.
RAILROADS.
Mr. Miller's car door-lock bill [H. R. 93] coming up, it was read, with a committee recommendation.
page: 122[View Page 122]Mr. NEWCOMB said: With an amendment saving the railroad companies from damage where a passenger passes out to his injury, he would vote for the bill.
Mr. ROSS moved to refer the bill to the Judiciary Committee.
Mr. McFADDEN opposed the reference.
Mr. ROSS. It was a proposition to interfere with the legitimate management of business. It came from outsiders; they wanted to get into the cars where the ladies are; and so drunken men and smokers might make themselves publicly disagreeable. We have no more right to interfere here than we have to interfere with the private business of any man in the State.
Mr. Newcomb's amendment was read:
Provided, That if any person shall pass out of such car in violation of rules printed and posted up, and such passenger shall be injured without fault of the company, the company shall not be liable fur such injury.
Mr. CRAIN. The bill ought to pass at once. It was to prevent persons from being locked up against getting out of the car, not to prevent intruders from coming in. It was to prevent loss of life by fire, as lately in Pennsylvania and Illinois. He was opposed to the amendment, and there was no necessity for reference again.
Mr. MILLER said the immediate reason for introducing the bill was an accident lately on the Indianapolis and Lafayette railroad, near Stockwell, when the doors were locked. It was to prevent their locking persons in the car. That was all of it.
Mr. NEWCOMB explained the justice of his amendment, and reasoned for it as a friend of the bill.
Mr. BELFORD. As between the rights of railroads and the rights of the people, he was in favor of the people. He spoke against the amendment, as that principle was already recognized in law. He moved to lay the amendment on the table.
It was agreed to.
The bill was then ordered to engrossment.
Mr. Shuey's quorum joint resolution [H. R. 3] coming up, it was indefinitely postponed.
The towns and cities school tax joint resolution [H. R. 5] for amendment of the State Constitution, coming up -
On motion by Mr. NEWCOMB, its consideration was postponed for thirty days.
WILD GAME.
Mr. McFadden's Wild Game bill [H. R. 83] earning up, with the committee amendment substituting a bill to protect wild game and fish, heretofore concurred in. [Provisions not reported - it shall be unlawful to net quails and prairie hens at any time.]
Mr. HUGHES wished to amend by striking out all that relates to fishthere being a fish protection bill in the Senate.
The amendment was adopted.
So the bill was ordered to the engrossment
Mr. Morrison's Clinton Legalization bill [H. R. 39] coming up, it was read the second time, with the Judiciary Committee's amendments, [giving one year for opening up the judgments, &c.]
Mr. MORRISON explained the reasot and necessity for the bill. The court was not opened till one week after the time appointed by law. He did not object to the amendments.
The amendments were concurred in, and so the bill was ordered to the engrossment.
Mr. Griggs' printers' fee bill for estray notices [H. R. 117] coming up with the Committee's amendment, the amendment was concurred in, and so the bill was ordered to the engrossment.
Mr. Belford's insurance bill [H. R. 59] coming up, it was read the second time with a committee recommendation. It was ordered to the engrossment.
Mr. Vanvalkenburgh's fornication bill [H. R. 107] coming up, with a committee recommendation, it was ordered to the engrossment.
COUNTY COMMISSIONERS.
Mr. Montgomery's County Commissioner: four-dollars-a-day bill [H. R. 11] coming up on the third reading, it was finally passed the House of Representatives - yeas 69, nays 13.
The SPEAKER laid before the Houses communication from the Auditor of State embracing a statement of the amount of taxes levied in 1865, in each county of the State, &c., responding to a resolution of the House adopted January 22.
MORNING SESSIONS.
Mr. CRAIN submitted an order for daily meeting of the House at 9 o'clock in the morning, and that there shall be one session of the House daily, till ordered.
Mr. WOLFE was opposed to tying up our hands in this matter.
Mr. BELFORD favored the order for morning sessions, and but one session a day for the present - giving the afternnoons to the work in Committees.
The order was adopted.
Mr. Moore obtained leave of obsence till Thursday.
DR. JOHN S. SEATON.
Mr. On motion of Mr. ROSS, it was ordered that the use of the Hall be tendered to Dr. John S. Seaton, of Colorado, for a lecture on the mining interests of the country, next Thursday evening.
RAILROADS.
On motion of Mr. BELFORD, it was
page: 123[View Page 123]Ordered, That the Committee on Railroads be empowered to send for persons and papers, so far as may be made necessary by the investigations now being prosecuted by that Committee.
NATIONAL BANK STOCK TAX.
Mr. GREEN submitted the following:
WHEREAS,Congress has passed an act authorizing the States to assess and tax the shares of stock in the National Banks, which act has been held valid and constitutional: and whereas the said shares can not be assessed and taxed under the existing laws of this State; therefore
Resolved, That the Committee on Ways and Means be and they are hereby directed to report a bill amending the Revenue laws of this State; so as to provide fro the assessment and taxation of all the shares of stock held in the National Banks of this State; and that the said bill shall provide, that the said shares of stock shall be listed and the taxes paid by the officers of said banks, and not by the individual shareholders.
It was referred to the Committee on Ways and Means.
NEW PROPOSITIONS.
Bills for acts of the General Assembly, umbered and titled to the following effect, were introduced and read the first time:
By Mr. HUGHES, [H. R. 158] in relation to impounding and concealing crime, and compounding prosecutions, and prescribing punishment therefor. [Penalty imprisonment in the Penitentiary one to seven years for compounding in cases having relation to offenses against life in cases having relation to misdemeanors, imprisonment in the County jail not evceeding one year, and fine not exceeding $1,000, or both, &c.]
By Mr. GEISENDORFF, [H. R. 159] to amendsections 649 and 650 of the Practice Act [in relation to mechanics' leins.]
By Mr. PRATHER, [H. R. 160] leasing the Southern State Prison, and providing for the transfer of the property, belonging to the State, in and about said State Prison to the lessee. Proposing to lease to Samuel H. Patterson for 10 years from the 11th of March, 1867.]
These bills were severally referred to the Committee on the Judiciary.
AMENDMENT OF THE RULES.
Mr. GREEN (having filed his motion yesterday for that purpose) now moved that the amendments to the Rules of the House shall not be effective until they are printed and laid on the desks of members.
Mr. NEWCOMB. From the notice of, the gentleman yesterday, he did not understand that the motion was to have respect only to the amendments of the Rules. But, since it was, limited to them, he did not see any necessity for the order. These amendments were in the Indianapolis JOURNAL this morning verbatim, and every member has had them to-day, or might have had them. The Rules entire would be printed by to-morrow.
Mr. GREEN made the motion for the benefit of members inexperienced, like himself, in parliamentary rules. The report in this morning's JOURNAL is not entirely full.
The SPEAKER. The Chair must rule that the motion of the gentleman must conform to the notice.
It was ordered that the gentleman have leave to correct his notice.
Mr. GREEN amended his notice so as to conform to the motion as above.
On the motion of Mr. BELFORD. Mr. Miller was added to the Committee on the Judiciary.
On the motion of Mr. DAGGY, Mr. Spencer and Mr. Shields were added to the Committee on Temperance.
The House then (at 5:05 P. M ) adjourned till to-morrow morning at 9 o'clock.
