HOUSE OF REPRESENTATIVES.
SATURDAY, February 31, 1867.The House met at 9 o'clock A. M.
On the motion of Mr. FOULKE, the reading of the journal of yesterday was dispensed with.
PETITIONS AND MEMORIALS.
Messrs. Chambers, Newcomb, Griggs, Gordon, Honneus, Campbell, Thrasher, Watson, McClasky, Stewart, Long of Jackson, and Ferris, severally presented petitions on the subject of Temperance; which, without reading, were referred to the Committee on Temperance.
MORGAN RAID CLAIMS.
Mr. PRATHER said he held in his hands so much of the two General Messages of the Governor for the year 1865 as relates to the Morgan raid; and he asked that the extracts be read and referred to the Committee on Claims.
It was so ordered by the House.
Mr. MATTHIS presented a memorial, from citizens of the counties of Harrison and Washington, with reference to losses sustained on account of the Morgan raid.
It was referred to the Committee on Claims.
AFTERNOON SESSIONS.
Mr. McFADIN moved an order that hereafter the daily sessions of the House be held in the afternoon instead of the forenoon.
Mr. CHAMBERS. Would not that be a change of the rules?
The SPEAKER. No, sir.
Mr. McFADIN. If we adjourn over now page: 148[View Page 148] till Monday morning we will not have a quorum.
Mr. CHAMBERS. If we continue the daily sessions in the forenoon we may have the use of all the Committee rooms in the afternoon. They are not then occupied by the Senate Committees, because the Senate sits in the afternoon.
Mr. McFADIN understood that the Senate was about to change their sessions to the afternoon.
The SPEAKER. If the Senate change, it will be for facilitating business between the two bodies.
Mr. PRATHER said the view of the gentleman from Cass [Mr. McFadin,] seemed to be well taken; and he hoped the motion would prevail.
The motion was agreed to, and the order for afternoon Sessions hereafter was taken accordingly.
REPORTS FROM COMMITTEES.
Mr. NEWCOMB, from the Committee on Ways and Means, returned Mr. Fuller's valuation and assessment amendment bill [H. R. 162] reporting the opinion that it is inexpedient to further legislate on the subject, and a motion that the bill lay on the table. He also returned Mr. Stackhouses' bill [H. R. 188] of similar character, with the same opinion and recommenaa tions. He also returned Mr. Baker's bonds income tax bill [H. R. 149] with a recommendation that it be referred to the Judiciary Committee, with instructions to inquire, &c.
These reports were concurred in.
Mr. DUNN, from the Committee on the Judiciary, returned a resolution of the House, and conformably to the instructions therein, reported a bill [H. R. 207] for an act to amend sections 405 and 406 of the general practice act, approved June 17, 1852. [It proposes that writs of execucution as now rendered for the enforcements of judgements made be returned at any time within ten years, &c.] It was passed to the second reading.
Mr. BAKER., from the same Committee, returned Mr. Hamilton's bill [H. R. 77] to increase the salary (by $1,000) of the Prosecuting Attorney of the 16th Judicial Circuit and to provide for the payment of the same; with an amendment recommending its passage.
Mr. SMITH, of Lagrange, from the same Committee, returned Mr. Shuey's foreign insurance statement bill [H. R. 95] reporting the opinion that legislation on the subject is inexpedient and that the bill be indefinitely postponed.
Mr. SHUEY would prefer that these Committee reports to postpone indefinitely which may be made to-day, be laid on the table. He moved that this subject be laid on the table.
It was so ordered by consent.
Mr. RATLIFF, from the Committee on Education, returned Mr. Montgomery's normal school bill [H. R. 199] recommending that it be indefinitely postponed.
On motion of Mr. WHITE, the report was amended so as to lay the subject on the ta ble for the present.
Mr. RATLIFF also returned Mr. Wolfe's normal school bill, [H. R. 158] recommending that it be indefinitely postponed.
Mr. WOLFE said that, by an act of the last session, there was a normal school established, and that provides that I may be. taken out of the common fund for that institution. Then as soon as this report is made $5,000 more can be taken out semi annually - that is $10,000 per annum to be perpetually taken out of the common school fund.
The SPEAKER. The Chair would say to the gentleman from Sullivan that dission is not in order.
Mr. WOLFE. Then I move that the bill and the recommendation of the committee be laid on the table for the present.
It was so ordered.
[The Speaker laid before the House a communication from the Auditor of State, in response to a resolution of the House of January 31, embracing a report of fees received by the county officers for the year 1866. On motion of Mr. WHITE, if was referred to the Committee on Fees and Salaries.]
Mr. WASON, from the Committee on Education, returned Mr, McLean's joint resolution, [H. R. 8] proposing an amendment to the 8th article of the State 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, recommending its adoption.
Mr. CORY, from the same Committee, returned Mr. Stafford's school trustee bill, [H. R. 167] recommending that it be indefinitely postponed.
On motion by Mr. MONTGOMERY, the report of the Committee was so amended as to recommend that it be laid on the table for the present.
It was so ordered.
Mr. THRASHER, from the Committee on Roads, returned the petition asking for an appropriation for certain roads, reporting the opinion that it is inexpedient to make such an appropriation.
The report was concurred in.
Mr. BRUCKER, from the Committee on Corporations, returned Mr. Stewart's city charter bill [H. R. 177] and Mr. Gordon's voluntary associations bill [H. R. 97], recommending that they do pass.
Mr. HONNEUS, from the select committee on the ventilation of the Hall of the House of Representatives, submitted a report embracing sundry considerations, and recommending that the tubes conveying the heated air be enlarged to twice their size, and that new tubes be added for the supply of pure air to the bottom of the heaters.
Mr. GREEN, from the select committee there on, returned Mr. Shock's Fifth District Common Pleas bill [H. R. 203] recommending its passage.
Mr. Speaker BRANHAM (Mr. Higgins in the chair), obtained leave of absence Monday.
NEW PROPOSITIONS.
Bills for acts of the General numbered and titled to the following effect were introduced and read the first time:
By Mr. BIRD, [H. R. 208] to protect young pigs from foxes and wild cats. [Every person killing a fox or wild cat shall receive a premium of $2.] It was passed to the second reading.
By Mr. PEELLE, [H. R. 209] to authorize canal companies, which have ceased to be used for purposes of navigation, to lease to hydraulic page: 149[View Page 149] companies said canals, or parts thereof, and authorizing hydraulic companies to control the same, requiring them to be kept in repair, and to fulfill leases made by the State or canal companies. It was referred to the Judiciary Committee.
By Mr. MOORE, [H. R. 210] to amend section twelve of the Common School law, approved March 6, 1865. [Increasing the school tax from twenty-five to fifty cents on each $100 worth of taxable property.] Referred to the Committee on Education.
By Mr. SHUEY, [H. R. 211] authorizing the Hydraulic Companies to appropriate lands to their use upon paying the assessed value thereof, and providing for such assessment. It was passed to the second reading.
By Mr. WOLFLIN, [H. R. 212] to repeal a portion of the 41st section of an act to repeal all laws, now in force, for incorporation of cities, etc., approved December 20, 1865 [Repeals so much of said section "as prohibits cities and incorporated towns thereunder from taxing more than five acres of farming land within such cities."] It was referred to the Committee on Corporations.
By Mr. WASON, [H. R. 213,] to amend sections one and four of the act to provide for a general system of common schools, &c., approved March 6, 1865. [Increasing the tax from 16 to 20 cents on each $100 of taxable property for supporting common schools, and striking from the law the following words: "Provided, however, that the taxes aforesaid shall not be levied and collected from negroes or mulattoes." Amends section four by adding the following: "A school trustee shall be triennially elected in each township to perform all the school duties now required of the township trustee by the school law. The term of office to begin and end with the first Wednesday after the first Monday in June."] It was referred to the Committee on Education.
By Mr. CAMPBELL, [H. R. 214] creating, establishing and providing for the maintenance of four colleges of agriculture and the mechanic arts. [To be located, one at each of the following places, viz: Indianapolis, Crawfordsville, Greencastle and Bloomingion.] It was referred to the Committee on Agricultural Colleges.
By Mr. LOPP, [H. R. 215] to exempt soldiers and the widows and children of soldiers who were in the service of the United States, during the late rebellion, and who are or may be on the pension rolls of the United States, from poll tax, and from tax on property, when the amount of taxable property of such soldier, widow or child shall not exceed one thousand dollars of assessed value. It was referred to the Committee on Rights and Privileges.
By Mr. McCLASKEY, [H. R. 216] discharging the tax payers of Montgomery county, in the State of Indiana, from liability in the case of a judgment rendered in favor of the State against William H. Schooler, Treasurer of said county. [$38,441 69, with interest thereon. The Treasurer became a, defaulter during the year 1863.] It was referred to the Committee on Ways and Means.
By Mr. WOODS, [H. R. 217] concerning tax sales, and to limit the time within which actions may be brought to set aside, vacate or annul such sales or deeds made in pursuance thereof, or to recover possession of real estate sold. Passed to the second reading.
By Mr. WOODS, [H. R. 218] to regulate the taxation of costs in certain cases. [That in actions upon money demands or contracts, commenced in the Circuit Court, or Court of Common Pleas, wherein any part of the relief prayed and granted shall be the enforcement of a mechanic's lien, mortgage or other lien, or of any other relief not within the jurisdiction of a Justice of the Peace to grant, the plaintiff recovering judgment shall recover costs, though his demand be less than fifty dollars.] Referred to the Committee on the Judiciary.
INCURABLY INSANE.
Mr. McLEAN moved to take from the able the Senate message received this morning communicating the passage in that body of a resolution requiring the Auditor of State to inquire of the various Bounty Auditors in regard to the number of the incurably insane and their treatment in the various counties of this State.
The motion was agreed to, and the resolution was concurred in by unanimous consent.
RECORDING OF VOTES.
Mr. CAMPBELL and Mr. BLANCH obtained leave to record their votes in favor of the passage of the joint resolution [S. 11] ratifying the proposed amendment to the Constitution of the United States.
Mr. LONG, of Jackson, had leave to record his vote against that measure, and he said: He would like to have his vote recorded for Hon. Daniel W. Voorhees for United States Senator.
It was so ordered by consent.
ORDER OF THE DAY.
TheBenevolent Institutions appropriation bill [S. 98] was passed to the third reading.
The 13th article repeal bill [S. 7] was passed to the third reading.
Mr. Stackhouse's remissions of fines bill [H. R. 164] was passed to the engrossment.
Mr. Belford's highways bill [H. R. 185] was passed to the engrossment.
Mr. Thomas' protection of sidewalks bill [H. R. 148] was passed to the engrossment.
Mr. White's cemetary conveyence bill [H. R. 99] was passed to the engrossment.
Mr. Crain's seventeenth judicial circuit bill [H. R. 13] coming up, it was read the second time.
Mr. WOLFE said this change affected his people, and they did not desire it. On his motion it was passed over for the present.
Mr. Higgin's 13th article repeal bill [H. R. 26] coming up, it was passed to the third reading.
Mr. Higgins' highway bill [H. R. 48] was passed to the engrossment.
Mr. Hartman's highway repeal bill [H. R. 180] was passed to the second reading.
Mr. Daggy's county lines highway bill [H. R. 91] was passed to the third reading.
ROAD TAX.
Mr. Wilson's highway tax bill [H. R. 129] coming up on the second reading -
Mr. GREER proposed to amend by inserting the words appropriately to this effect:
"Retaining the amount necessary to supply the road district with tools, &c., which may be appropriated to procure the same."
Mr. WOLFE desired to amend by leaving page: 150[View Page 150] the amount of road tax discretionary with the County Commissioners. He proposed this because in his county they did not need so much road tax as in other counties. And the tax of last year operated very oppressively in that region. It would be better to give this discretion to the Board, who may be supposed to know every district in the county. He therefore moved to strike out that part which prescribes the tax and insert this in lieu.
Mr. GREER hoped the amendment would not pass. As far as he had observed, the Board of Commissioners were very reluctant to levying taxes on the people; and if you leave them a discretion to levy or not to levy, the probability is that there will be no road tax levied in many counties. He held it as an imperative public duty to have the roads well improved.
Mr. WOLFE said: Though the bill may not suit the people of the gentleman's county; yet it was a fact that the people were loaded "down to the guards" with taxes. The House should be cautious. All know that there are many road districts and townships that, don't require so much work as others. Even the 10 cents tax of last year was burdensome to us. We came here to legislate for the majority of the people, and remove the burden of taxation as well as we may.
Mr. BIRD was in favor of the amendment. The Commissioners were responsible directly to the people, and knew the wants of the people in reference to roads. He would oppose any measure that would increase taxation. The present tax did but little good The people through the County Commissioners should have discretion to improve roads by either tax or labor.
Mr. PEELLE and Mr. MATTHIS reasoned in favor of the amendment of the gentleman from Sullivan [Mr. Wolfe.] There should be this discretion left between the people and the Commissioners.
Mr. WHITE submitted an amendment to the amendment, viz: adding after the word "commissioners" these: "in conjuction with the township trustees."
Mr. FOULKE thought also that this discretion should be extended. It would not restrct or impair the rights of any.
Mr. KIZER, also supported the amendment.
Mr. MARTIN was of the opinion that the first amendment is right. It is true that some townships needed more tax than others. He had heard more complaint with regard to the oppressiveness of the road tax than any other. He thought it should be graduated proportionately to the wants of the people. The amendment of the gentleman from Hancock, [Mr. White] just meets the case. In the township where he resided previous to the last year there was never levied more than two or three cents on the $100. Last year it was ten cents and there was a good deal of complaint. Now he thought if this tax were levied by the Commissioners in conjunction with the Township Trustess there would be this advantage: the Trustees know more about township roads than the Commissioners .Mr. O'NEIL. The law now gave discretion to levy ten to twenty-five cents. This bill (he believes) levies a specific sum; but the amendment gives a discretion to the commissioners to suit the exigencies of the people. But the amendment to the amendment will make the law very much like it now is, with the exception of the discretion between the ten and twenty-five cents. He considered that the law ought to be so that the Board can regulate the matter wholly themselves. If the Trustees come in they will take different views, but the road tax throughout the county should be as nearly uniform as possible. The trustee in one Township may think so much would be necessary for his township and by diligent consultation he might control the board. The roads in all the townships were used by the people of the county, and the circumstances of the different townships may require diversity in the amount of labor to work them. But still he thought the thing should be uniform, and that the county board should have discretion without consulting the trustees.
Mr. WHITE. If the amendment to the amendment is adopted it will be discretionary for the Commissioners and Trustees to levy any amount not exceeding 25 cents.
Mr. O'NEIL. But it seemed to him still that it would give the Trustees a controlling power. It it were to provide that the County Board were to consult the Trustees of every township in a body, then it might meet his approbation; but he did not understand it would have that effect.
Mr. BLANCH was opposed to the amendment to the amendment for the reason that the three County Commissioners were chosen from the three different districts of the county; consequently they resided in different parts of the county, and must be posted with regard to what eacb township needs in this respect. And to associate them with the Board would be adding additional and unnecessary burdens of expense. The County Board could do without the Trustees as well as with them. The expense was that to which he particularly objected.
Mr. FOULKE proposed a substitute for the amendment, by inserting in the line of the first section these words: "by an page: 151[View Page 151] annual tax not exceeding 25 cents on the $100."
The PRESIDING OFFICER. It is in third degree - the amendment is not in order.
Mr. RATLIFF. As the matter now stood the commissioners were not limited by the amendment. They may assess or not, and they may go as high as $1 or $5 on the $100. If that is the case, he was opposed to it. We certainly ought to restrict the commissioners.
Mr. BLACK saw no objection to the amendment. If we have people so silly asbe willing to tax themselves inordinately - even ten dollars on the hundred dollars Let them do it; let them fight it out among - themselves. He was perfectly willing to risk it.
Mr. WOLFE was willing to accept the limitation so that the commissioners shall not go beyond twenty-five cents.
Mr. GREER said his opposition to the amendment was this: That it placed the discretion in the hands of the County Commissioners not to tax at all. He was satisfied that there is no township in the State that does not require a road tax. For in such cases it was evident that the roads must be left to be worked and maintained by the poorer residents of the township If the gentleman would say not less than five cents nor more than twenty-five cents, he would support the amendment.
Mr. NEWCOMB did not want to interfere in this discussion, which he saw was a matter of interest to the rural districts, but the House is thin to-day, and what we may do might not be acceptable when the House is full. He would suggest that the bill, with the pending amendments, be referred again to the Committee on Roads, and let them fix up a bill that will suit all parties.
Mr. WOLFE proposed to amend the motion by referring the bill to a special committee of five members.
Mr. NEWCOMB acquiesced.
It was so ordered by the House.
Subsequently -
THE PRESIDING OFFICER announced this committee, viz: Messrs Greer, White, Foulke, Wolfe and Walfer.
THE CALENDAR.
Mr. Newcomb's bridge-repairs bill [H. R. 101] coming up on the second reading -
Mr. MILLER proposed to amend by inserting a clause of emergency.
It was adopted; and so it was ordered to the engrossment.
Mr. Danaldson's dog law amendment bill [H. R. 140] coming up on the second readin -
On motion by Mr. WOLFE, it was referred to the Judiciary Committee.
Mr. Wilson's ten per cent, conventional interest bill [H. R. 141] coming up on the second reading -
Mr. GRIGGS proposed to amend by inserting "six per cent." wherever ten per cent, occrs.
On motion by Mr. BELFORD, the amendment was laid on the table.
The bill was passed to the engrossment and third reading.
Mr Wason's sheep disease bill [H. R. 144] coming up on the second reading, it was passed to the engrossment.
Mr. Wilson's dog law amendment bill [H. R. 152] coming up, it was passed to the engrossment.
Mr. Newcomb's Justices of the Peace bill [H. R. 175] coming up, it was passed to the engrossment.
Mr. Newcomb's Agricultural Society Stock bill [H. R. 181] coming up on the second reading, it was passed to the engrossment and third reading.
MECHANIC'S LIEN.
Mr. Grain's [twenty days] mechanic's lien bill [H. R. 191] coming up on the second reading -
Mr. HARTMAN proposed to amend by inserting "ninety days" instead of "twenty." His experience in that matter was that the time should be extended beyond the sixty days now limited by law, rather than shortened. It was sometimes difficult to determine the exact time when a building is completed. Mechanics ought to be protected - for they were often put off beyond the sixty days time by fair promises to pay.
Mr. SHUEY endorsed the views of Mr. Hartman, quoting instances of hardships as considerations in favor of extending the time, if any change at all were to be indulged.
Mr. Hartman's amendment was adopted.
Mr. BOBO proposed to amend by striking out "twenty-five cents" (Recorder's fees) and inserting "fifty cents" in lieu.
On motion of Mr. NEWCOMB, the bill and pending amendments were postponed till this day one week.
The Ways and Means town plat bill [H. R. 181] coming upon the second reading it was ordered to the engrossment.
Mr. Dunn's unwholesome provisions bill, [H. R. 63] coming up on the second reading, it was passed to the engrossment.
Mr. Hughes' compounding and concealing crime bill [H. R. 158] coming up on the second reading - it was passed to the engrossment.
Mr. Brucker's infant employment bill [H. R. 81,] coming up on the second reading -
Mr. McFADIN stated that as this very proper bill would involve discussion, he page: 152[View Page 152] would move that it be laid on the table for the present.
If was so ordered by consent.
ARRAIGNMENT ON "INFORMATION."
The PRESIDING OFFICER announced the special order, viz: the consideration of Mr. Hamilton's bill, [H. R. 71] empowering courts to arraign parties on information.
Mr. BELFORD (being entitled to the floor) moved that the further consideration of the bill be postponed, and that it be made the special order for Tuesday at two o'clock P. M.
It was so ordered by consent.
THE REVENUE BILL.
On the motion of Mr. NEWCOMB the revenue bill [H. R. 190] reported from the Committee on Ways and Means on the 31st of January, was taken up and made the special order for Monday at three o'clock P. M.
THE GAME LAW BILL.
On the motion of Mr. McFADIN his amended wild game law amendment bill [H. R. 83] was taken up and made the special order for Wednesday at three o'clock P. M.
VENTILATION OF THE HALL.
Mr. WHITE submitted the following:
Resolved, That the State Librarian be instructed to carry into effect the suggestions of the Special Committee of the House on Ventilation.
The instructions of said Committee are to this effect: Double the size of the tubes conveying heated air into the Hall, and renew the tubes for the supply of pure air at the bottom of the heaters.
Mr. LOPP. What would be the probable cost of that?
Mr. STEWART. What were we to do while the tubes are being enlarged? It will take some time, and during that time we shall want some heat.
Mr. LOPP submitted the following:
"Amend by providing that the cost thereof shall not exceed $100."
It was rejected.
Mr. NEWCOMB did not know anything about what this will cost; but he supposed these inside walls would have to be taken out wherever the heated air is thrown into the Hall. He was willing to leave this whole matter in the hands of the Librarian. We do not know precisely what ought to be done; but we employ competent men and we ought to trust them.
Mr. McFADIN. There was something wrong about this heating apparatus. Some times the smoke and dust would come up gushing into the Hall here, like the discharge from a volcano. He thought there should be something done, at least so far as to keep the dust and smoke out of the House; for, many times, to his knowledge, members were almost suffocated and made sick here.
Mr. STEWART did not think we could remedy this matter very easily. He moved that the whole subject be indefinity post-poned.
Mr. WHITE moved to lay the motion to postpone on the table.
It was so ordered by consent.
The question recurring on the adoption of the resolution -
Mr. WOLFE said, before we get into this expense we ought to know about what amount of expense we are to incur. He thought the first thing should be to see if there is any remedy.
Mr. SHULL moved to refer the resolution to the Committee on Ventilation in conjunction with the Librarian, with instructions to report to the House.
Mr. STEWART. If it is the motion to commit this matter to the committee to act in conjunction with the Librarian, he would be in favor of it.
The motion was agreed to.
STATE MILITARY AGENCY.
Mr. BELFORD, by request, introduced a joint resolution, [H. R. 9] declaring that there is now no law in force authorizing the payment of any money out of the State Treasury for the purpose of defraying the expenses of the Indiana Military Agency for soldiers' claims, at Indianapolis, Indiana, or the State Military Agency acting in connection therewith at Washington City. District of Columbia, or for the salaries of clerks, office rent, and other expenses connected with said agencies, and abolishing the so-called offices and prohibiting the further payment of any money from said Treasury for the use and benefit of said agencies, and to provide for the closing up of such business and the discontinuance of said offices.
It was read the first time and referred to the Committee on Military Affairs.
GETTYSBURG CEMETERY.
Mr. LITSON submitted the following:
Resolved, That there be printed for the use the Senate and House of Representatives three hundred copies of the Report of the Indiana Commission for the National Cemetery at Gettysburgh.
It was rejected.
Mr. FULLER submitted the following:
Resolved, That there be appointed a committee of one from each congressional district to inquire into the expediency of fixing by law the distance from the several county seats to the two State prisons, whereby the mileage of Sheriffs conveying convicts to the prisons may be determined.
It was adopted.
ADJOURNMENT.
On motion by Mr. FOULKE, it was page: 153[View Page 153] Ordered, That when the House adjourns to-day it shall stand adjourned till Monday at 2 o'clock P. M.
The House then adjourned.
