IN SENATE.
WEDNESDAY, January 30, 1867.The House met at 9 o'clock A. M.
The reading of the journal of yesterday was dispensed with.
PETITIONS AND MEMORIALS.
Mr Shuey, Mr. Vawter, Mr. Tebbs, Mr. Mr. Barritt, Mr. Stewart, Mr. Watson, Mr. McCarthy, Mr. Newcomb, Mr. Martin, Mr. McFadden, Mr. Gordon, Mr. Chambers, Mr. Skidmore, Mr. Ferris, Mr. Greer, Mr. Douglass, Mr. Wolfe, Mr. Bird, Mr. McMurray, Mr. McLean, Mr. Hostetter and Mr. Shoaff severally presented petitions on the subject of temperance, and they were referred to the Temperance Committee.
The SPEAKER laid before the House the statement of the old Bank of the State of Indiana for November, 1866, together with statements of the several branches of the Bank of the State, which were referred to the Committee on Banks.
Mr. PEELLE presented the petition of Wm. Parry, clerk, signed in behalf of the yearly meeting of the Society of Friends; which was referred to the Committee on Benevolent Institutions.
Mr. LOPP presented the petition of Wm. Smoots and others, citizens of Harrison county, in the matter of their loss by the Morgan raiders. It was referred to the Committee on Claims.
Mr. NEWCOMB presented a memorial by members of the Marion County Bar; and Mr. Litson presented a memorial by other lawyers, which, without reading, were referred to the Committee on the Organization of Courts.
Mr. PRATHER and Mr. MATTHIS presented memorials for indemnity for losses in the Morgan raid; which were referred to the Committee on Claims.
Mr. LONG, of Kosciusko, presented the memorial of Sunday school teachers; which was referred to the Committee on Education.
REPORTS FROM COMMITTEES.
Mr. SHUEY, from the Committee on Elections, returned Mr. Prather's Township Trustee three-years' term bill, with the expression of opinion that legislation thereon is inexpedient; and on his motion, it was laid on the table.
Mr. NEWCOMB obtained leave of absence for this forenoon in behalf of the members of the Committee on Ways and Means.
Mr. SABIN, from the Committee on Fees and Salaries, returned Mr Williams' bill [H. R. 127] to repeal the act requiring annual report of official salaries with the opinion that said repeal is inexpedient.
The report was concurred in.
Mr. SHOOK, from the Committee on County and Township Business, returned Mr. White's County Commissioner's cemetery conveyance bill [H. R. 99], recommending its passage.
He also returned Mr. Thomas' side-walk bill [H. R. 148], recommending its passage.
These bills go into the Clerk's calender under the rule.
TEMPERANCE.
On motion by Mr. RATLIFF, it was
Resolved, That the Committee on Temperance be requested to report to this House, toward the close of the session of this General Assembly, the total number of petitions presented here on the subject of Temperance, together with the total number of petitioners.
page: 128[View Page 128]EXPENSES OF EX-GOVERNOR MORTON'S OFFICE
Mr. KIZER submitted a proposition to the following effect:
Resolved, That the Auditor of State be requested to report to this House at as early a day as practicable, the aggregate annual amount of appropriations made and drawn from the Treasury of the State to defray the expenses of the Executive of the State during the entire period of the administration of Ex Governor Morton, for clerk hire and all contingencies and incidentals connected with the office and mansion of Ex-Governor O. P. Morton, during the entire period of his office as Governor of Indiana; and also the deficiencies, if any, to be yet provided for the expenses of his administration.
He gave reasons for the introduction of the resolution. He would give assurance to his constituents that they have not sent a dead-head to represent them. He wanted to ascertain how much this cheap man has cost the State of Indiana. The items had not been reported; and he referred to some of them, animadverting generally on the acts of Governor Morton's administration - especially the assault on the school fund, which was carried to the tune of "Rally round the flag boys," &c. He did not expect the ex-Governor to meet his political death without a struggle, nor would he afterwards hurry up the mourners so long as the weather is cool. His remarks took a wide range to show Governor Morton's connection with the eternal national debt, and with the attempt to inviolable, till -
Mr. FOULKE and Mr. STAFFORD called him to order, submitting the point, that the gentleman was not speaking to the matter of his resolution.
Mr. WOLFE said the gentleman's remark reminded him of the young man in the debating society, who having spent his life among sheep and hogs concluded he was a great debater. So he went to the society and was chosen among speakers and took sides. And while listening to a debate on the opposite side he said, whispering to his friend's ear: "When I get the floor, won't I use him up?" But by and by he got up and began: ''Gentlemen Judges - Mr. President, - when I was down I thought I was a big man, but when I am up, behold, I am but a stuffed toad - full of wind." [Laughter.]
Mr. KIZER. The other day, the old gentleman told the House that he was "lousy," and I thought that I cleaned that matter up for him pretty well - thinking it my duty to do so, because I supposed I was among gentlemen - clean men. But now the gentleman shows himself to be in a windy condition. [Continued laughter.] He would say now to the gentleman, that the time of the House should not be occupied with such things. - He proceeded. He wanted the Auditor to show the House what the Executive has cost the State for the last year; and then go a little behind that.
Mr. HARTMAN suggested a calculation to show the cost to the State of the gentleman's speech, in the time of the House he had occupied.
Mr. KIZER replied that, though a poor man himself, his constituents were rich and able to pay. He proceeded at leisure to ventilate the expenses of the Executive office, promising more hereafter.
Mr. HARTMAN moved to refer the resolution to the Committee on Public Expenditures.
Mr. PRATHER could see nothing wrong to come out of the inquiry. He was perfectly willing Governor Morton's acts should be investigated. It would make gentlemen ashamed of their action toward that official here the other day. The opposition here were largely in a minority, and minorities ordinarily should be respected - though, looking at what has been attempted here, he confessed to but little of that feeling at present. But he desired rather than shunned the investigation sought - delivering a panegyric on the ex-Governor.
Mr. McFADDEN defended the minority from the gentleman's imputationspanegyrizing individual Democrats engaged in the war - till
Mr. CAMPBELL and Mr. PRATHER called him to order for irrelevancy. But
Mr. McFADDEN was permitted to proceed in his general speech in defence of the loyal Democracy of the country. He would not sit here in silence and hear his loyalty questioned. He aninadverted on the disloyalty of individual Republicans-their leader advocating secession, &c.
Mr. HIGGINS moved to lay the resolution on the table. The motion was rejected - yeas 13 nays 76.
Mr. ROSS explaining, said, he was not opposed to investigation, but he had not been satisfied with this discussion. Whenever it might be the desire of the House to hear an investigation, he would vote for it.
Mr. SHUEY explaining, said, he was confident that some person, with intent to insult the House, had written that resolution, and that the gentleman from Allen offered it to disturb and obstruct the business of this House. There is no occasion for investigation, and I am not in favor of it, unless we have the statement of a responsible man that investigation is necessary.
The question recurring on Mr. Hartman's motion to refer the resolution to the Committee on Public Expenditures, the yeas and nays then were demanded a ordered.
Mr. HARTMAN said he was not opposed to investigation, and did not make the motion with that feeling. page: 129[View Page 129] The yeas and nays being taken, resulted yeas 46, nays 37, as follows:
YEAS - Messrs. Belford, Blanch, Brucker, Chambers, Crain, Daggy, Danaldson, Dunn, Evans, Ferris, Foulke, Funk, Geisendorff, Greer, Griggs, Hartman, Hamilton, Hughes, Long of Kosciusko, Martin, McCarthy, McLean, McMurray, North, Peelle, Prather, Ratliff, Ross, Rosser, Sabin, Shook, Shuey, Skidmore, Smith of Lagrange, Smith of Wabash, Spencer Stafford, Stewart, Thrasher, Thomas, Wason, Watson, Wolfer, Wolflin, Woods, and Mr. Speaker - 46.
NAYS - Messrs. Baker, Barritt, Bird, Black, Bobo, Carter, Cory, Crowe, Douglass, Edmondson, Erwin, Fuller, Green, Honneus, Hostetter, Hudson, Hungate, Inman, Kiser, Long of Jackson, Lopp, Matthis, McClasky, McFaddin, Montgomery, O'Neil, Scammahorn, Shanks, Shull, Stackhouse, Tebbs, Thacher, Vawter, Williams, Wilson, White, and Wolfe - 37.
Mr. BAKER (explaining) said these committees were the graves of propositions, from which they never came back.
Mr. CRAIN explained his vote: I am not afraid of an investigation; but I feel that the dignity and honor of the House demand that we should get along with business, and that these firebrands should not be thrown in to disturb the House.
Mr. RATLIFF (explaining) intimated that he fully understood this matter; and since the minority can obtain this investigation as well with the reference as without it, he voted Aye.
So the resolution was referred.
NEW PROPOSITIONS.
Mr. McLEAN introduced a joint resolution [H. R. 8] proposing an amendment to Article VIII of the Constitution, so as to enable cities and towns to levy taxes for the support of common schools in addition to the revenue derived from the State.
Bills for Acts of the General Assembly, numbered and titled to the following effect, were introduced, read the first time, and referred to the appropriate committees:
By Mr. FULLER, [H. R. 161] to amend sections 123 and 124 of the Valuation and Assessment act, approved June 21, 1852, [so that the County Treasurer shall make a settlement with the County Auditor on the 3d Monday in April, instead of March, and the County Treasurer shall pay over to the State Treasurer on the second Monday of April, instead of May, as the law now provides.] It was referred to the Judiciary Committee.
By Mr. McLEAN, [H. R.163] to repeal the act to repeal sections 43 and 44 of the act prescribing who may make a will, and the effect thereof, what may be devised, etc. [No suits now pending shall be effected by such repeal ] It was referred to Committee on the Judiciary.
By Mr. SMITH, of Lagrange, [H. R. 163] authorizing the County Commissioners to establish water courses and locate ditches in certain cases, and repealing all laws inconsistent therewith it was referred to the Committee on Swamp Lands.
By Mr. STACKHOUSE, [H. R. 164] to amend an act entitled an act to regulate the remission of fines and forfeitures, approved June 14,1852. [So that it shall read "all applicants to the Governor for the remission of fines and forfeitures, shall forward to him with the application, the opinion of the Propriety of so doing of the majority of the following officers in the county where the fine was assessed, or the forfeiture accrued, viz: the Clerk of the Circuit Court, the Judge trying the cause, the Administrator and School Examiner ; and in case of trial by jury, the majority of the Jury.] It was passed to a second reading.
By Mr. THRASHER. [H. R. 165] for the incorporation of the Eclectic Medical Association of the State of Indiana, and of auxiliary local eclectic medical associations. It was referred to the Committe on Corporations.
By Mr. DAGGY, [H. R. 168] to amend the 28th section of an act defining felonies and prescribing punishment therefor, approved June 10, 1862. [by these words, "he who shall wilfully and maliciously set fire to any unfinished or other structure," shall be guilty of arson, and adding these words to the end of the section, "during life."] It was referred to the Committee on Judiciary.
By Mr. STAFFORD, [H. R. 167] to amend the fifth section of the act to provide for a general system of common schools, &c. [Towns and cities to elect one school trustee.] It was referred to the Committee on Education.
By Mr. FULLER, [H. R. 168] to amend section 1 of the act prohibiting Supreme, Circuit and Common Pleas Judges, Clerks, Recorders, Sheriffs, &c., from practicing law, &c. [The amendment includes "their deputies," and amends the title of amended act.] It was referred to Judiciary Committee.
By Mr. McLEAN [H..R. 169] to establish an Insurance Department in each county, and prescribe the officers necessary and defining their duties, and to create penalties for violaiion, &c., and repealing all laws inconsistent therewith. [The chief officer to be called "Superintendent of the Insurance Department"appointed by the Governor - hold his office four years, &c.] It was referred to the Judiciary Committee.
By Mr. MONTGOMERY, [H. R. 170] to provide for the suport of private schools and matters properly connected therewith. [Any person supporting any private school shall make report of such school to the trustee, embracing the name of the teacher, the amount paid him, &c., and he shall be entitled to receive from the common school fund the amount so paid by him, provided that amount shall not exceed the school tax paid by said person or persons.] It was referred to the Committee on Education.
By Mr. WOODS, [H. [R. 171] concerning witnesses, providing that no person shall be held incompetent on account of race or color; repealing conflicting laws, &c. It was referred to the Committee on the Judiciary.
By Mr. SCAMMAHORN, [H. R. 171] concerning the laying out of towns or additions to towns or cities. [Shall erect monuments at the several corners and cause them to be noted on the map, &c., before the same be filed for record.] It was referred to the Committee on Corporations.
By Mr. WOODS, [H. R. 172] supplementary to an act concerning real property and the alienation thereof. It was referred to the Judiciary Committee.
By Mr. PEELLE. [H. R. 173] to encourage the republication of Blackford's Reports, and appropriating money for the same, [Merrill & Co.'s edition - price of Indiana Reports - accounts to audited and paid out of any moneys not otherwise appropriated.] It was referred to the Committee on Ways and Means.
By Mr. NEWCOMB, [H. R. 175] to amend the act providing for the election and qualification of Justices of the Peace, &c. [Number of Justices of the Pence to be regulated by the Board of Commissioners, not exceeding three in each township.] It was referred to the Committee on the Organization of Courts.
By Mr. MONTGOMERY, [H. R. 176] to amend section 3 of the act declaratory of the law regulating marriages, &c. [To include Notaries Public, Friends and German Baptist Ministers among the legal solemnizers.] It was referred to the Committee on Rights and Privileges.
page: 130[View Page 130]By Mr. STEWART [H. R. 177] to amend the section 3 of the act repealing all past laws now in force for the incorporation of cities, &c. [So that the people of any town may vote themselves a city charter with a population of 1,500, instead of 2,000.] It was referred to the Committee on Corporations.
By Mr. WATSON [H. R. 178] to amend the 33d section of the General Practice Act [concerning the commencement of action sin the county where the defendant resides, &c.] It was referred to the Committee on the Judiciary.
By Mr. PEELLE, [H. R. 179] to authorize any person desiring to erect a flouring mill, or other machinery on his own land, to erect a dam &c.this act being supplementary to article 41, chapter 1, part 2d, volume 2d, of the Revised Statutes. It was referred to the Committee on Rights and Privileges.
By Mr. HARTMAN, |H. R. 180] to provide compensation to the owners of animals killed by the rolling stock of any railroad company of the State, where such road is not fenced. &c., and repealing conflicting laws, &c. It was referred to the Committee on Rights and Privileges.
By Mr. NEWCOMB, [H. R. 181]. to amend the act of March 11, 1861, amendatory to the act authorizing county agricultural societies to issue stock and hold real estate not exceeding 80 acres, &c. It was referred to the Committee on Agriculture.
By Mr. KIZER, [H. R. 182]Ito amend the first section of the act providing for the valuation and assessment of real and personal property, prescribing the duties of officers, &c.
By Mr. KIZER, [H. R. 183] prescribing fees of Sheriffs in the several counties, and especially to repeal the act regulating the fees of officers, &c.
These bills were referred to the Committee on Fees and Salaries.
By Mr. LITSON, [H. R. 184] to regulate the carrying of passengers' baggage by railroad companies, and prescribing the duties of carriers and passengers in relation thereto. [It proposes that baggage shall consist of the ordinary wearing apparel, not exceeding in weight - pounds - not exceeding in value dollars. No railroad shall be liable for loss of baggage in excess, unless paid for as freight, not exceeding the charges by express companies, &c.] It was referred to the Committee on Railroads.
By Mr. BELFORD, [H. R. 185] to amend section 45 of the act to provide for the opening, vacating and change of highways. It was passed to the second reading.
By Mr. WILLIAMS, [H. R. 186] to amend section 76 of the act amendatory of the act prescribing certain felonies. [It adds imprisonment and a penalty for house burning.] It was referred to the Committee on the Judiciary.
By Mr. McLEAN, [H. R. 187] authorizing the clerks of Civil and Common Pleas Courts to try and determine eases in writs of habeas corpus, grant injunctions and temporary restraining orders in vacation. [By the consent and agreement of parties ] It was referred to the Committee on the Judiciary.
By Mr. STACKHOUSE, [H. R. 188] to amend the 1st and 22d sections of the assessment act.
SOUTHERN PRISON.
On motion by Mr. BRUCKER, it was -
Resolved, That the members of the Committee on the Southern Prison be granted leave of absence on Monday next for the purpose of reporting on the same; and that they return as soon as practicable.
RAILROAD CONSOLIDATION.
On motion by Mr. HARTMAN, it was -
Resolved, That the Committee on Railroads be instructed to inquire into the expediency of a law regulating the consolidation of Railroad Companies in the States and that they report by bill or otherwise.
TWENTY MINUTES RESTRICTION.
Mr. SHUEY submitted the following:
Resolved, That hereafter no member shall speak more than twenty minutes without leave of the House; provided, however, that the mover of the proposition shall in all cases have the right to close the debate.
Mr. CRAIN could not vote for the resolution, unless it gave more than twenty minutes to close.
Mr. SHUEY explained the object of the resolution. If a man wanted to speak longer on an important subject, a majority could allow him to proceed.
Mr. McFADDEN approved the resolution.
Mr. WOLFE objected that it gives the minority no chance. It would be like the effect of the previous question. He would vote for it, if the proviso were stricken out.
Mr. LITSON proposed that "no long-winded members shall speak more than twenty minutes."
Mr. SHUEY opposed the amendment. He assured the House that there was no disposition to take advantage of the minority in debate.
Mr. DOUGLASS made an ineffectual motion to lay it on the table.
Mr. WOLFE'S amendment was rejected - nays, 62; nays, 19. The motion was then adopted.
OFFICIAL FEES, &C.
Mr. WHITE submitted the following:
Resolved, That the Auditor of State be, and he is hereby required to report to this House the aggregate amount of fees, perquisites and emoluments of each of the county officers - reporting as required by the law for the year 1866 and forwarded to the Auditor of State to be therein filed for safe keeping and subject to the call of the General Assembly, according to the provisions of an act approved June 3, 1861.
He said the Committee on Fees and Salaries were required to revise the fee law, and in this matter they thought that resolution would be valuable.
Mr. WRIGHT said that in 1863, he remembered that this committee obtained a similar report from the Auditor, and could make nothing out of it.
Mr. CRAIN. If this is such a mess of stuff, I think it would be well for the House to try to perfect the law which requires it to be reported. I would like to see what it is.
The resolution was adopted.
GRAVEL ROADS.
On motion by Mr. VAWTER, it was
Resolved, That the Committee on Roads be instructed to inquire as to what legislation is necessary to protect gravel roads - by preventing hogs from running at large.
PROCEEDS OF ADJUTANT GENERAL'S REPORT.
On motion of Mr. HIGGINS, it was
Resolved, That the State Libarian report to
page: 131[View Page 131]this house the number of volumes sold by him Adjutant General's Report - of the number desposited in the Library, and the amount received for the same.
SHERIFF MILEAGE.
On motion by Mr. BRUCKER, it was
Resolved, That the Committee on Mileage berequested to report a bill regulating the mileageof Sheriffs conveying convicts to the Northern and Southern State Prisons.
WITNESSES IN STATE PROSECUTIONS.
On motion by Mr. GREER, it was
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency and justness of the State paying the fees of all witnesses whose attendance is demanded the State in cases prosecuted by the State.
On motion of Mr. DAGGY, it was
Resolved, That the Committee on Fees and Salaries be requested to inquire into the expediency of providing by law for the payment of the fees and expenses of poor persons who are compelled to attend courts as witnesses in criminal cases out of their own county; and that they report by bill or otherwise.
SCHOOL BOOKS.
On the motion of Mr. CROWE it was
Resolved, That the Committee on Education be instructed to inquire into the expediency of providing by law for the introduction of a uniform series of text books to be used in all the common schools of the State ; and that they report by bill or otherwise.
JUDICIAL ELECTIONS.
On the motion of Mr. MATTHIS, it was
Resolved, That the Committee on the Judiciary be instructed to inquire into the expediency of holding elections on some days different from the days of the Spring and Fall Elections for the purpose of electing the Judges of the Supreme,Circuit and Common Pleas Courts.
RULES.
On motion by Mr. NEWCOMB, it was
Resolved, That 200 additional copies of the Rules of the House be printed, and that the Librarian retain the same for the use of the next House of Representatives.
COUNTY OFFICERS FEES.
Mr. SHULL submitted the following:
Resolved, That the Committee on Fees and Salaries be instructed to inquire into the expediency of so graduating the fees of county officers, that Treasurers shall not receive over $2,500, Auditors $1,500, and Clerks $1,500 : that in counties of the smallest population the fees shall not be loss than that now allowed by law ; and that said graduation be according to population.
It was adopted.
WHITE PAPER BALLOTS.
On motion of Mr. FULLER, it was
Resolved, That the Committee on Election inquire into the expediency of passing a law requiring that all ballots to be for voting in elections shall be written or printed on white papers and that they report by bill or otherwise.
FOR THE STOMACH.
Mr. McFADDEN offered the following:
Resolved, That the Committee on Temperance be respectfully requested to inquire into the Propriety of passing a law permitting sickly or weakly persons to take a glass of lager beer, wine, or other mild drinks, for the benefit oftheir health, whenever they feel like it or see proper, without hindrance, delay or molestation ; and the said divers sickly and weakly persons will no doubt forever pray, &c.
It was adopted.
COMMITTEE ON CLAIMS.
Mr. DUNN asked and obtained excuse from serving on the Committee on Claims.
Mr. HAMILTON moved an order to add Mr Prather, Mr. Crowe and Mr. Newcomb to the Committee on Claims, which was adopted. But -
Mr. WRIGHT was opposed to increasing the number. It would be harder to get them together. Whereupon -
On motion by Mr. NEWCOMB, the vote was reconsidered: and then -
Mr. HAMILTON obtained leave to withdraw the motion.
Mr. TEBBS moved an order, (which was adopted) to place Mr. Prather on the Committee on Claims in the room of Mr. Dunn.
Mr. GRIGGS moved that Mr. Wilson be added to the Committee on Temperance.
After debate by Messrs. Newcomb, Prather and Daggy -
On motion by Mr. MONTGOMERY, it was laid on the table.
The House then adjourned till to-morrow morning at 9 o'clock.
