HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 31, 1867.The House met at 9 o'clock A. M.
On motion of Mr. MONTGOMERY, the reading of the journal of yesterday was dispensed with.
The SPEAKER laid before the House a communication from the Auditor of State in reply to a resolution of the House ot the 28th instant, embracing a statement of the amount of warrants drawn on the treasury in favor of the agencies for the relief of invalid soldiers.
On motion by Mr. SHUEY, it was referred to the ommittee on Public Expenditures.
PETITIONS AND MEMORIALS.
Messrs. Crain, Prather and Newcomb presented memorial papers in claims, which, (without reading) were referred to the Committee on Claims.
Messrs. Stafford, Vawter, Moore, Chambers, Van Valkenburgh, Honneus, Shoaff, page: 136[View Page 136] Ferris, Watson, McFadden, Campbell, Wilson, Greer and Black severally presented petitions for a prohibitory liquor law, which (without reading) were referred to the Committee on Temperance.
REPORTS PROM COMMITTEES.
From the Committee on the Organization of Courts of JusticeMr. PEELLE returned Mr. Crain's 17th Judicial Circuit bill [H. R. 13] and Mr. Newcomb's Justice of the Peace bill, [H. R. 175] recommending their passage.
He also returned the resolution for abolishing the Courts of Common Pleas, and the Commissioners' Courts, and establishing a County Court, with the opinion that it is inexpedient to undertake such an innovation by the General Assembly; which was concurred in.
Mr. MONTGOMERY, from the same Committee, returned the petition of W. H. Harrington and others, for relief respecting Court terms, &c., with the opinion that the relief ought to be granted, but that it can not be done without an entire re-districting of the State judicially. It was laid on the table.
From the Committee on Roads - Mr. THRASHER returned Mr. McFaddin's highway bill, [H. R. 80] Mr. Daggy's county-lines highway bill, [H. R. 90] and Mr. Higgins' highway bill, [H. R. 48] recommending their passage.
From the Committee on Agriculture - Mr. MARTIN, returned Mr. Wilson's dog law repeal bill, reporting unfavorably, and asking to be discharged from further consideration of the subject: in which the House concurred.
Mr. DANALDSON returned Mr. Newcomb's Agricultural Society stock bill, [H. R. 181] recommending its passage : also Mr. Wilson's sheep disease bill, [H. R. 144] with an amendment, changing the penalty to $2 nor more than $25 for each diseased sheep. He also reported adversely to the memorial for a change of the law in regard to the organization of agricultural societies, so as to select two directors for each district. The report was concurred in. He also reported adversely to Mr. McFadin's resolution for County Commissioners to purchase agricultural grounds: which was concurred in. He also reported back the dog law bill [H.R. 140] recommending its passage with an amendment striking out "50 cents" wherever these words occuring the bill
Mr. CHAMBERS, from the Committee on Corporations, returned Mr. Newcomb's Road bill. [H. R. 101] recommending its passage.
Mr. WOODS, from the Select Committee thereon, returned his 4th Judicial Circuit bill, [H. R. 12] recommending its passage.
Mr. WHITE, from the Committee on Rights and Privileges, returned Mr. Wilson's Interest bill, [H. R.141] with an emergency-clause amendment recommending its passage.
Mr. SCHAMMAHORN, from a majority of the Committee on Rights and Privileges, returned Mr. Higgin's Thirteenth Article repeal bill, [H. R. 26] recommending its passage.
Mr. BIRD, Mr. WHITE, and Mr. BLACK, the minority of said Committee, submitted in writing a lengthy dissenting report,considering the popular unanimity with which this 13th article was adopted, that the proposed method of its abrogation ignored the only lawful mode by which any part of the organic law can be altered or abolished - denying that the Congress of the United States has the power to interfere in this way with the sovereign power of a State, and citing numerous court decisions on the question, which authorize their conclusion: That the State has the exclusive right to exclude injurious populations. It was a principle of self-protection. The State has the same right to protect its people that an individual has to protect his property, etc.
These reports were laid on the table.
Mr. CHAMBERS, from the Select Committee thereon, returned his Fourteenth Judicial Circuit bill [H. R. 49] recommending its passage with an amendment, striking out '"14th," and inserting "16th" in lieu.
Mr. MILLER, from the Committee on Ways and Means, returned Mr. Wolfe's resolution for extending the time for correcting the assessments of taxes on real estate, recommending that it be indefinitely postponed. The House concurred.
He also returned Mr. Rosser's resolution relative to plats of towns and additions thereto, with a bill [H. R. 189 - see "New Propositions."]
Mr. NEWCOMB, from the same Committee, reported its consideration of that portion of the Governor's message relating to the finances or revenues of the State with a bill [H. R. No. 190 - see New Propositions] which was passed to the second reading and made the special order for to-morrow, eleven o'clock.
The SPEAKER laid before the House the State Librarian's response to the resolution of the House, adopted yesterday, with reference to the deposit in the State Library of the Adjutant General's Report, and the sales thereof - $140 60.
Mr. FOULKE, (on the part of the House of Representatives,) from the Joint Committee on Public Buildings, submitted the joint report, recommending that the State lease the building of W. P & E. P. Gallup, on the corner of Tennessee and Market streets, at $4,500 a year, for the accommodation of the Supreme Court and the public offices of the State, for the period of ten years ; and they further recommend that the offices of State be removed to said building at the earliest possible period.
NEW PROPOSITIONS.
Bills for Acts of the General Assembly, numbered and titled to the following effect, were introduced and read the first time:
By the Committee on Ways and Means, [H. R. 189] requiring all persons platting towns or additions to any town or city in this State, to have the lands embraced in each addition or plat transferred for taxation by the Auditor of the county, and providing for taxing the same. lt was passed to the second reading.
By the Committee on Ways and Means, [H. R. 190] to raise revenue for State purposes for the years 1867 and 1868. [For State purposes a tax of 20 cents on each $100 of taxable property, and 75 cents on each taxable poll.] It was made the special order in Committee of the Whole for February 1st, at 11 o'clock A. M.
By Mr. CRAIN, [ff. R. 191] to amend section 650 of article 36 of the General Practice Act, approved June 13, 1852, [so as to require claims for lien to be tiled within twenty days after the completion of building ; and adding these words to the section : "and said lien shall attach and hold said property from the time the labor was performed or the material furnished for said building."] It was passed to the second reading.
By Mr. PEELLE, [H. R. 192] authorizing insurance companies to re-insure their risks and close up their business. It was referred to the Committee on Corporations.
By Mr. McLEAN, [H. R. 193] to amend section 5 of an act declaratory of the law regulating marriage and confirming the provisions thereof by proper penalties, approved March 5, 1852. [License shall not issue to persons from an adjoining State unless the female shall have resided in the county one month previous, &c.] It was referred to the Committee on the Judiciary.
By Mr. FOULKE, [H R. 194] regulating the fees of surveyors. It was referred to the Committee on Fees and Salaries.
By Mr. FOULKE, [H. R. 195] to amend section 20 of the Supervisors' act, approved December 20, 1865. [Shall assess a road tax not to exceed 25 cents on the $100.] It was referred to the Committee on County and Township Business.
By Mr. SHOAFF. [H. R. 196] to amend section 5 of the Organization of Courts act, approved page: 137[View Page 137] December 20, 1865. It was referred to the Committee on Organization of Courts.
By Mr. WASON, [H. R. 197] to amend section 5 of the Common School act, approved March 6, 1865 [Authorizing the election of one school trustee for each ward in cities, &c.] It was referred to the Committee on Education.
By Mr. SHOOK, [H. R. 198] to amend section 1 of the Common School law, approved March 5, 1865. [Increasing the tax from 16 to 20 cents on the $100.] It was referred to the Committee on Education.
By Mr. MONTGOMERy, [H. R. 199] to repeal the act to create a State Normal School, and declaring an emergency. It was referred to the Committee on Education.
By Mr. DUNN, [H. R. 200] declaring legal and valid the official acts of Willard C. Vorhis, Notary Public in and for the county of Lawrence, State of Indiana. It was referred to the Committee on the Judiciary.
By Mr. PRATHER, [H. R. 201] to provide for the protection of wild birds, on or about the premises or enclosures of another, and declaring penalty for violation. [The lark, dove, robin, thrush, gold bird sapsucker, &c.] It was referred to the Committee on Rights and Privileges.
L. N. A. & C. RAILROAD.
Mr. HONNEUS submitted the following:
WHEREAS, The Auditor of the State of Indiana, at the May term 1863, instituted a suit in the Floyd Common Fleas Court against the L. N. A. & C. Railroad Company to recover taxes due from said Railroad Company to the following named counties, in the following sums, to wit: The county of Floyd, $5,483 15; Clark, $3000 52; Washington, $5,348 45; Orange, $2066 65; Lawrence, $5,631 66; Monroe, $9,164 73; Owen $4319 90; Morgan, $1,746 69; Purnam, $6479 81: Montgomery, $8,833 21; Tippecanoe, $11,128 92; White $5,455 50; Pulaski, $8,246 30; Stark $2,991 93; Laporte, $11,404 04; Porter, $4,769 23; Lake, $4,684 45; Clay, 57 cents; Green, $3 62; And whereas the said Auditor of State, through his Attorney, D. E. Williamson the Attorney General for the State, on the22d of November, 1856, did dismiss said suit on the condition that the said Railroad Company pay costs accrued; and it appearing that the said Louisville, flew Albany and Chicago Railroad Co. not having paid any part of said taxes, which were due for the years 1854, 1855, 1856, 1857 and 1858, together with the interest thereon and the penalties imposed by law sued for by said Auditor; and as the said counties are deeply interested in this large amount of money of about 100,000, and to satisfy the public mind thereon ; therefore,
Be it Resolved, 1. That the Auditor of State be requested to inform this House why said suit was commenced?
2. Why said suit was dismissed?
3. That the said Auditor or State be requested to give all information in his possession in regard to said transaction.
It was adopted.
TEMPERANCE.
Mr. CHAMBERS submitted the following:
Resolved, That the use of this Hall be tendered to the friends of temperance next Monday evening, for the discussion of the propriety of the passage of a prohibitory liquor law by the present General Assembly.
Mr. BELFORD did not want to be considered as consenting to that resolution. We was opposed to giving up the use of the Hall for such discussions as agricultural colleges, normal schools, or the liquor question.
The resolution was adopted on a divi-sionaffirmative 53, negative not reported.
INDIANA - TERRITOIAL LEGISLATION.
Mr. BAKER submitted the following:
WHEREAS, Henry C. Cawthen, Esq., is the owner of the complete files of the Vincennes Western Sun newspaper for the years 1807, 1808, 1809 and 1810, containing the debates and laws of the Territorial Legislatures of those years, therefore -
Be it Resolved, (the Senate concurring) That the State Librarian be authorized to negotiate for the purchase of said files of papers, and report to this General Assembly the probable price at which they can be procured for the use of the State.
It was adopted
Mr. PEELLE gave notice that on tomorrow he would move to so change the rules, that the order of the day shall be called at 10 o'clock, instead of 11 o'clock.
Mr. GREEN obtained leave now to report back from the Judiciary Committee, Mr. Dunn's bill [H. R. 63] with an amendment, striking out the publication clause, and so recommending its passage.
COMMITTEE ON CLAIMS.
The SPEAKER announced the appointment of Mr. Crowe to serve as a member of the Committee on Claims in the place of Mr. Dunn - excused yesterday.
Mr. COREY, from the Committee on Education, obtained leave to return Mr. Spencer's schoolmaster bill [H. R. 98] recommending that it be laid on the table.
Mr. SPENCER said: It is a question among teachers and examiners whether teachers of the common schools are not entitled to receive pay for the time they are attending their institutes. I propose that they shall not draw pay for that.
Mr. COREY said the Committee on Education expect to report a general bill embracing the point in the gentleman's bill.
The bill was then laid on the table.
CLERKS.
Mr. CRAIN, from the Special Committee on Employees of the House, reported confirmation of the appointment and duties of appointment of clerks of the committees, viz: Ways and Means, Judiciary, Education, Sinking Fund, Claims,, Organization of Courts, Railroads, and Military Affairs - also Stationery Clerk and Journal Clerk
On motion of Mr. NEWCOMB, the House proceeded to the order of the day.
The bill S. No. 7, passed to the second reading; S. No. 11 - Committee on Roads; S. No. 12 and S. No. 28 - Judiciary; S. No. 34 - Organization of Courts; S. No. 98, was referred to the Ways and Means Committee.
WIFE-WITNESS.
Mr. Campbell's Wife-witness bill [H. R. No. 40] coming up on the third reading. page: 138[View Page 138] Mr. CAMPBELL said he was convinced of the necessity of this Legislature. Cases of hardships toward the wife - assault and battery by the husband - did sometimes occur, and it was to meet them that this matter was presented to him, and he had introduced the bill.
Mr. NEWCOMB, after the explanation, offered no objection to the bill.
Mr. PEELLE read the legal provision showing that, in such cases, the wife is not a competent witness.
Mr. McLEAN and Mr. McFADDIN favored the bill.
The bill was finally passed the House of Representatives - yeas 85, nays 0.
CLEKS - PAPERS AND MONEYS.
Mr. Stafford's Clerks Papers and Moneys bill [H. R. 24] coming up on the third reading - in the orders of the day -
Mr. STAFFORD explained its provisions, and the necessity for the passage of the bill.
It was finally passed - yeas 78, nays 0.
OTTER, MINK, RACCOON.
Mr. Shields' Fur Protection bill [H. R. 65] coming up on the third reading,
Mr. McFADIN (in the absence of the author) explained its provisions, and the necessity for it.
Mr. SHUEY would protect the otter, but the farmers in his region would be compelled to destroy the mink and raccoon.
Mr. WILSON said it was considered an advantage to the country to destroy these latter animals.
On the motion of Mr. LONG, of Jackson, the bill was laid on the table.
WIEE CONVEYANCE.
Mr. Ferris' wife conveyance bill [H. R. 17] coming up on the third reading -
Mr. WOODS explained the necessity of the bill. The wife could not join with the guardian's deed. There was no provision of law by which the wife can convey without the husband. There was a case now in St. Joseph county demanding this intervention of the legislative authority, and he supposed there could be no objection to making it a general law.
The bill was finally passed the House of Representatives - yeas 79, nays 4.
NORTH PRISON DISTRICT - MARION COUNTY.
Mr. Higgin's North Prison District bill [H. R. 72] coming up on the third reading.
Mr. HIGGINS stated that the single object of the bill.was to add the county of Marion to the Northern Prison Distric, The Southern prison was full - there was room in the Northern prison.
Mr. PEELLE suggested that Wayne county be included also in the NorthernDistrict. He asked a unanimous consent to offer this amendmedment.
Mr. GRIGGS said these changes would increase the expense of transportation of convicts.
Mr. HIGGINS, Mr. VAN VAULKENBURGH and Mr. KIZER considered that the extra expense of transportation would more than counterbalance by the better wages of the convicts in the North.
Mr. WOLF. Would it not affect contractors?
Mr. FOULLER answered in the negative giving other considerations.
Mr. BELFORD desired the passage of the bill - offering additional considerations.
Mr. GRIGGS was opposed to any final action on this bill till the prison-leasing bills were acted on, which were drafted with reference to the present shape of the prison districts.
Mr. MILLER. This bill has been before both the Prison Committees, and had their concurrence and sanction. He demanded tho previous question.
There was a second by the House.
There being objection to Mr. Peelle's: amendment, it was not considered.
The bill was finally passed the House of Representatives - yeas 56, nays 31.
Mr. HUGHES, explaining, said: The Northern prison was established upon the plea that it was necessary to provide accommodations for convicts in that end of the State - that there was a necessity for two prisons instead of one. Now comes an application to transfer territory from Southern to the Northern Prison district - just this county. And he understood that 200 or 300 convicts were sent to the penitentiary from this county last year. We see, then, that this county supplies nearly all the convicts - as well as all the great men - of the State. It is a mistake then not accommodation in the Southern prison, and also that there is no want of labor there. Therefore he voted No.
Mr. NEWCOMB explaining his votes: It was a very deliberate slander perpetrated upon his county by the gentleman from Monroe [Mr. Hughes.] The number prisoners sent from our county last year, (he believed) was 67, instead of 300,- though we are cleaning out the scoundrels as well as we can. They are full in Southern Prison; and they have a great deal of room in the Northern Prison. And if we are successful, in a few years we will fill it up. Besides this, there were good fishing privileges in the North, and prisoners there would be fed on white fish; whereas, if the go to the Ohio river t will have to eat cat fish. I want the prisoners well taken care of.
page: 139[View Page 139]NATIONAL FINANCES.
On motion of Mr. CRAIN, the House now took up his National Finance resolution No. 2, heretofore made the special order of to-day at 2 o'clock; and it was postponed and made the special order for to-morrow at 10 o'clock.
PROTECTION OF WILD GAME.
Mr. McFADIN'S wild game protection bill [H. R. 83] coming up on the third reading -
Mr. McFADIN stated that amongst its features the most prominent were to protect prairie hens and quails from the incursions from Illinois, and to prevent railroads from carrying game unlawfully taken.
Mr. KIZER objected to the bill that the time for taking deer was extended too late in the fall. It should be the 1st of August.
Mr SPENCER spoke against the bill. It should allow every man to trap and kill on his own premises. The farmers raised the game, therefore they should have this right.
Mr. CRAIN said the laws now protect the farmer against trespass in taking game on his premises. No man could come on his premises to trap and kill game without his consent. If we do not protect wild game in a few years we will have none.
The bill failed, lacking a constitutional majority in the House of Representatives - yeas 47, nays 36.
Mr. LONG of Jackson, explaining his vote, said: He was opposed to all game laws. This was a bill to favor poachers and men who disregard the law. It was not for the benefit of the citizens generally. In his region there has been no prosecution under the game law, and these poachers come in at all seasons of the year, because the law does not meet with public sanction. And any law that does not meet with public sanction should not be on our statute book. Therefore I vote no.
On the motion of Mr. HUGHES, the vote on the bill was reconsidered, and its further consideration was postponed, and it was made the special order for Tuesday next, at 10 o'clock.
GRANT COUNTY COMMON PLEAS.
Mr. Ratcliff's Grant County Common Pleas bill [H. R. 53] coming up on the third reading -
Mr. RATCLIFF explained its provisions.
It was passed the final reading in the House of Representatives - yeas 88, nays 0.
Mr. WOODS obtained leave to present papers in claims, which were referred to the Committee on Claims without readings.
TOWNSHIP TRUSTEE - TWO YEARS TERM.
Mr. Skidmore's Township Trustees' Term bill [H. R. 84] coming up on its third reading -
Mr. MONTGOMERY proposed to amend as to make the term of supervisors and constables two years also. He moved to recommit the bill with this amendment by way of instructions.
Mr. MILLER made an ineffectual motion to lay the motion to recommit on the table.
Mr. WOODS thought the instructions would be nugatory, because they would embrace two propositions.
The motion prevailed, and the bill was referred again, with instructions to include the term of all township officers.
RAILROAD CAR DOORS.
Mr. Miller's railroad restriction bill [H. R. 93] coming up on the third reading.
Mr. ROSS made an ineffectual motion to lay the bill on the table.
It was passed the final reading in the House of Representatives - yeas, 79; nays, 3.
On motion by Mr. WILSON, Mr. Hudson obtained leave of absence till Monday.
CLINTON COUNTY COMMON PLEAS.
Mr. Morrison's Clinton County Common Pleas legalization bill [H. R. 39] coming up on the third reading, it was finally passed the House of Representatives - yeas, 84; nays, 0, with an amendment of title, viz: "An act forbidding the locking of railroad cars in certain cases, and providing punishment therefor."
The House then adjourned.
