HOUSE OF REPRESENTATIVES.
TUESDAY, February 5, 1867.The CLERK called the House to order at two o'clock P. M.
On motion of Mr. HAMILTON, Mr. McLean, of Vigo, was called to the Chair.
The journal of yesterday having been read -
PETITIONS AND MEMORIALS.
Messrs. Danaldson, Hamilton, Skidmore, Shoaff, Hays, Black, Shields, Campbell, Spencer, Ratliff, Watson, Chambers, Irwin, Ferris and Corey, severally presented petitions for temperance; which (some with and some without reading) were referred to the Committee on Temperance.
Mr. McFADIN presented papers on a claim, which (without reading) were referred to the Committee on Claims.
Mr. DANALDSON presented the petition of N. Thomas and eleven others, praying for a law for the destruction of hawks, which was referred to the Committee on Rights and Privileges.
REPORTS FROM COMMITTEES.
Mr. WOODS, from the Committee on the Judiciary, returned Mr. Watson's Clerks Index bill [H. R. 108] with an amendment and change of title, viz: "a bill authorizing the Courts to require the clerks to index," etc.
He also returned his justices pleadings bill [H. R. 133] recommending its passage.
He also returned Mr. McLean's will statute repeal bill [H. R. 162] recommending its passage.
He also returned his witness bill [H. R. 171] without amendment, and with the opinion of the majority of said Committee that it ought to pass.
Mr. BAKER, from the same Committee returned Mr. McLean's clerk's injunctions bill [H. R. 187] recommending its indefinite postponement, It was concurred in.
Mr. McFADIN, from the Judiciary Committee, returned the bill to amend the 649th and 650th sections of the general practice act, recommending its passage.
He also returned the resolution directing inquiry as to the expediency and justice of the State paying witnesses in State prosecutions, with the opinion, that while the Committee believes there are cases in which it would be just for the State to pay these fees, yet upon the whole they are of opinion that legislation thereon is inexpedient, and and Committee to be discharged, &c. The report was concurred in.
He also returned the resolution inquiring into the expediency of holding separate judicial elections, with an adverse opinion asking to be discharged, &c. The report was concurred in.
Mr. SMITH, of Lagrange, from the Judiciary Committee, returned the Brokers' interest bill, [H. R. 55] recommending its passage.
Mr. BELFORD returned Mr. Peelle's defrauding insurer's bill, [H. R. 130] with an amendment inserting appropriately these words: "or structure, whether finished or unfinished;" and so recommending its passage.
He also returned Mr. Scammerhorn's bill [H. R. 156] to prevent rebels from voting or holding office, with the opinion of a majority of said committee that it ought to pass.
On motion of Mr. BAKER, the report and bill were laid on the table.
page: 163[View Page 163]Mr. BEDFORD also introduced Mr. Baker's"guilty pleadings bill [H. R. 7] with an amendment substituting new matter afterthe title, recommending its passage.
He also returned his bill [H. R. 150] to amend the 12th section of chapter one of the general practice act, recommending its indefinite postponement. It was concurred in.
Mr GRIGGS, from the Judiciary Committee, returned his town liquor tax bill [H. R. 145] recommending its passage.
He also returned Mr. Vawter's illegal voting prevention bill [H. R. 134] recommending that it be laid on the table; for the reason that a registry bill which will be reported from the Judiciary Committee will embrace about all the provisions inthis bill. The report was concurred in.
He also returned Mr. Ratliff's Recorder's advance fee bill [H. R. 106] recommending its indefinite postponement, for the reason that its provisions will be embraced in another bill. The report was concurred in.
He also returned Mr. Foulke's Deputy law practice bill [H. R 168] with the opinion that it should not pass. It was concurred in.
Mr. ROSS, from the Committee on the Judiciary, returned Mr. Miller's election hill [H. R. 25] with sundry amendments, recommending its passage.
He also returned Mr. O'Neal's county treasury bonds repeal bill [H. R. 138] recommending that it be laid on the table.
The report was concurred in.
He also returned Mr. Williams' water melons offense bill [H. R. 186] recommending its indefinite postponement.
The report was concurred in.
Mr. MILLER, from the Judiciary Committee, returned his Northern Prison lease bill [H. R. 126], with the opinion that it would be beneficial to lease said prison that the proposed lessees are responsible, and that the bill guards the interests of the State - recommending its passage.
On motion by Mr. MILLER, it was ordered that 300 copies ot the bill be printed.
Mr ROSS, from the Judiciary Committee, returned Mr. McCarthy's registry bill, [H. R. 6] recommending that it, be laid on the table, for the reason that its provisions are embraced in House bill No. 25. The report was concurred in.
Mr. HUGHES, from the Judiciary Committee, returned Mr. McLean's marriage license bill, [H. R. 193] without amendment, recommending its passage.
Mr. HIGGINS, from the Committee on Ways and Means, returned the memorial from the members of the Quarterly Conference at Ellettsville, reporting thereon that the law, as it now stands, taxes parsonage property and wherever it has been exempted, it has been done in plain violation of the statute - asking discharge. It was concurred in.
Mr. SMITH, of Lagrange, from the Committee on Education, returned Mr. McLean's Normal School bill, with an amendment embracing new matter after the title, recommending its passage.
JAMES BLAKE.
Mr. STAFFORD, from the Committee on Claims, reported on the claim of James Blake for services rendered as State Commissioner for the Gettysburgh National Monument Association - allowing him $250 for per diem and expenses. The report was concurred in.
Mr. CRAIN, from the Committee on Railroads, returned Mr. Hughes' Railroad Engineers bill [H. R. 41,] with six amendments, recommending its passage.
Mr. TEBBS, from the Committee on County and Township Business, returned Mr. Miller's Road bill [H. R. 114] recommending that it be laid on the table. It was so ordered.
Mr. DANALDSON, from the Committee on Agriculture, returned Mr. Montgomery's agricultural bill [H. R. 154], and Mr. Shock's dog law amendment bill [H. R. 155] recommending indefinite postponement. They were laid on the table.
REVENUE FOR 1867 - 1868.
Mr. NEWCOMB moved that the order of business be suspended, and the House resolve into a committee of the whole for the consideration of the revenue bill; and that debate in committee be restricted to ten minutes.
The motion was agreed to.
Whereupon -
The House resolved into Committee of the Whole - Mr. Higgins in the chair - and took up the Ways and Means Committee revenue bill [H. R. 190], and it was read through by the Clerk - the question being on Mr. Ross's amendment, to make the poll tax 50 cents instead of 75 cents.
Mr. NEWCOMB proposed, as an amendment to the amendment, that the poll tax be fixed at 60 cents. He was satisfed that was as low as the tax ought to be brought.
Mr. ROSS accepted the amendment.
So the amendment was adopted - applying to two sections of the bill.
Mr. COREY proposed further to amend the bill, by striking out "20" and inserting "16 cents" in lieu - for revenue. The levy of 16 cents would bring in a revenue ot about $800,000; and that would be ample for the expenses of the State.
Mr. KlZERsaid he was just preparing an amendment to fix the tax tor revenue at 15 cents on the $100. He would support the amendment of Mr. Corey.
page: 164[View Page 164]Mr. CRAIN said he knew, from the composition of the Committee on Ways and Means, that they would not report a heavier rate than is absolutely necessary. The amendment - 16 cents - was certainly too low, and would necessitate a public debt. He indicated his willingness to make it 18 cents.
Mr. NEWCOMB said the estimates of the Committee were based on the returns in the Auditor's office$578,000,000 of taxable property, real and personal. He gave the whole in a statement of figures - leaving a net revenue (deducting expenses) at the end of the year of but $22,000. Sixteen cents, or even eighteen cents would be too low. It was in this proportion to assess about $20 for each man worth $10,000.Mr. Corey's amendment was rejected.
On motion by Mr. NEWCOMB, the Committee then rose and the Chair reported the bill to the House as amended, recommending its passage.
The amendment reported from the Committee on the Whole was concurred in by the House.
On the motion of Mr. NEWCOMB, the bill was now read the third time, considered as engrossed, and passed the House o Representatives - yeas 71, nays 5. The title: An act to raise revenue for State purposes for the year 1867 and 1868.
The PRESIDING OFFICER laid before the House a letter from Mr. Speaker Branham to the Clerk [Mr. Nixon] stating that his brother died last night and will be buried to-morrow - his inabilily, on that account, to return to his place before Thursday, &c.
On the motion of Mr. NEWCOMB and Mr. McFADDIN, the leave was accorded for the remainder of the week.
REPORTS FROM COMMITTEES.
Mr. WATSON, from the Committee on Corporations, returned the bill authorizing the trustees of incorporated towns to establish fire limits; also, the bill authorizing town trustees to execute and sell bonds to defray the expenses of unfinished school building - srecommending their passage.
Mr. BOBO, from the same committee, returned Mr. McLean's soapstone stove company bill [H. R. 204] recommending its passage.
Mr. CHAMBERS, from the same committee, returned Mr. Green's city liquor license bill [H. R. 104] recommending that it be laid on the table.
M. GREEN said he desired the bill to be read for information of the House.
It was read by the Clerk.
Mr. THACHER hoped that the bill would go to the second reading.
Mr. CHAMBERS said the bill took away from cities all power to tax liquor sellers more than the State.
Mr. GREEN said the city could exact, no more tax than the State. If the State exact $50, as now, the city can exact $50 in addition - no more.
On motion by Mr. MILLER, the bill was referred again to the Committee on Corporations.
Mr. CHAMBERS, from the Corporations Committee, returned the bill to repeal a portion of the 13th section of the general city charter act, recommending its passage.
On motion of Mr. VAWTER it was
Resolved, That the Committee on Public Buildings be instructed to inquire whether the state has a lease of the buildings now occupied by the State officers, which continues one or more years, and on what terms they can be rented.
GETTYSBURG NATIONAL CEMETERY.
Mr. LITSON submitted the following:
Resolved, That there be printed for the use of the Senate and House of Representatives, 300 copies of the report of the Commissioners of the National Cemetery at Gettysburgh.
He said there is an appropriation asked now for the Gettysburg Cemetery; and the House and Senate ought to know something about it; that is, they ought not to refuse it without good reason. And he did not know how we are to get the facts without getting this report printed.
The resolution was adopted.
DIRECTORS OF THE NORTHERN PRISON.
On motion by Mr. McMURRAY, it was
Resolved That the Auditor of State be, and he is hereby requested to inform this House at his earliest convenience what number of days have been audited by the State Prison Directors of the Northern State Prison as time necessarily employed in the performance of their duties, and what amount has been paid to each one annually, as shown by the books of his office, provided by section 10 of the act approved March 10, 1859, entitled an act to provide for the erection of a new State prison, &c.
NEW PROPOSITIONS.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced:
Mr. WOODS, from the Judiciary Committee, returned Mr. Watson's clerks' index bill, [H. R. 1[9?]8] recommending an amendment, by way of substitute for the bill and title, which the Clerk numbers [H. R. 219] for an act authorizing the Board of County Commissioners in their several counties to require the Clerk of the Circuit Court to index certain books and dockets, and to provide compensation therefor.
By Mr. SHUEY, [H. R. 220] concerning the Supreme Court. [It authorizes the Clerk of the Supreme Court to purchase or rent a suitable building for the use of the Supreme Court and a law library - the cost not to exceed $30,000.] It was passed to the second reading.
By Mr. WOODS (by request) [H. R. 221] authorizing the trustees of the Northern and Southern State Prisons to lease the same, and prescribing the terms of said leases. [Trustees with the approval of the Governor to lease said prisons and the labor of the convicts for any period not less than five years nor more than ten years-the page: 165[View Page 165] lessees to take all the property belonging to the State in and about said prisons, &c.] It was referred to the Judiciary Committee.
By Mr. FOULKE, [H. R. 222] to amend section 77 of the general city corporation act, &c. [It is to enable cities to oganize into wards territory that has been annexed.] It was referred to the Committee on Corporations.
By Mr. Van Valkenburgh, [H. R. 223] regulating charges for the transporation of freight by the various railroad incorporations doing business in the State of Indiana. It was referred to the Committee on the Judiciary.
By Mr. MILLER, [H. R. 224] to lease the Southern Prison, and prescribing the terms and conditions in reference thereto. [It proposes to lease it to James P. Luse, for ten years from and after the 11th of March, 1867.] It was referred to the Committee on the Judiciary.
By Mr. HIGGINS, [H. R. 225] to amend the 4th section of the act containing several provisions regarding landlords and tenants, lessors and lessees. [If a tenant refuse to pay rent so long as 10 days after notice to quit, it shall determine the lease.] It was passed to the second reading.
By Mr. MATTHIS, a joint resolution [H. R. No. 10] for the relief of David T. Stevenson, a citizen of Indiana. [Mr. M. said this young man lost both legs by a shell, while in charge of transports for the army on the Cumberland river Stevenson and his father were citizens of Harrison county - the former of different political faith from himself. The young man was disabled entirely from gaining a livelihood. He was not strictly in the military service, and could not have a pension without a special act of Congress.] It was passed to the third reading.
By Mr. M'FADDEN, a joint resolution [H. R. No. 11] instructing our Senators and Representatives in Congress to secure the passage of a law providing that the names of all soldiers in the war of 1812, who have not received any pension from the Government, be placed on the pension rolls. It was passed to the second reading.
MEMORY OF GENERAL ANTHONY WAYNE.
Mr. KIZER submitted the following:
Resolved. That the Committee on Ways and Means be instructed to inform the House what has become of the memorial on the subject ot a monument to the memory of General Anthony Wayne, which was signed by sundry citizens of Allen county, introduced into this House, and referred to the Committee on Ways and Means.
Mr. KIZER made an appeal for the favorable consideration of the memorial stating that if it were not regarded, he would himself contribute to the erection of the monument by private munificence.
Mr. PRATHER rather favored the object of the memorialists from Allen, and hoped the Committee would take the same view.
Mr. MILLER said the memorial was with the Committee and would be reported on.
The resolution was adopted.
ORDERS OF THE DAY.
On motion of Mr. NEWCOMB, the House took up the consideration of the Bevevolent Institutions appropriation bill [S. 98] ($28,000 for the Insane, $12,500 for the Blind, $12,500 for the Deaf and Dumb,) the question being in the final reading.
It was passed by the House of Representatives - yeas 73, nays 2.
THIRTEENTH ARTICLE.
The 13th Article Repeal bill [S. 7] coming up in order -
Mr. BAKER moved that its further consideration be postponed till Thursday.
Mr. HIGGINS said that the 13th Article was declared a nullity, and of course the laws enacted in pursuance of it fell with it.
Mr. BAKER. That is making the bill a superfluity. It would be like ignoring the authority of the Supreme Court to repeal what it has declared a nullity.
Mr. HUGHES. This was a sort of fancy matter, and if gentlemen de-desired to discuss this bill he would be willing.
Mr. BAKER preferred to make it a special order for Thursday week.
Mr. CHAMBERS proposed to add these words, "at 7 o'clock P. M."
It was agreed to on a division - affirmative 33, negative 32.
The order, as amended, was then adopted, and the bill was postponed and made the special order for Thursday week at 7 o'clock P. M.
FOURTEENTH JUDICIAL CIRCUIT.
Mr. WOODS moved to take up his Fourteenth Judicial Circuit bill [H. R. 12.]
Mr. CHAMBERS desired also to take up his judicial bill [H. B. No. 49], and proposed that it be included in the motion.
Mr. WOODS accepted.
Mr. BOSS said that the special committee on redistricting the State judicially had prepared a bill with great care, which was likely to give general satisfaction, and they were now nearly ready to report; and these matters should not be separated.
Mr. BELFORD and Mr. PRATHER were willing to consider and pass upon these separate judicial bills now.
Mr. HUGHES was willing to take up these bills for the reason that he regarded the general judicial bill as an outrage. He was ready to relieve that committee of the subject, and he would propose to do so at the proper time, and refer it to the Standing Committee on the Judiciary. The bar and the people were well represented in the Standing Committee on the Judiciary. But after the Chairman [Mr. Daggy] there was no legal representation from his district in the Special Redistricting Committee; and Mr. Daggy, he understood, had left the committee disgusted with its action. He complained of breaking up the relation of thirty years standing between counsel and people of the circuit where he resided. He wanted to uncouple this omnibus, and take up the wheels separately, and run them - each upon its own merits.
Mr. STAFFORD said the committee could not be blamed for concurring in a bill page: 166[View Page 166] which was consented to by the Chairman [Mr. Daggy] from the gentleman's [Mr. Hughes'] own district.
Mr. SHUEY made an appeal for taking up Mr. Wood's bill, in considerations addressed to the House - especially to Mr. Ross. When he had concluded -
Mr. HARTMAN demanded the previous question, and under its force the motion was agreed to; and then -
Mr. Wood's fourteenth Judicial Circuit bill [H. R. 12]see page 17 of there reports - was taken up and read the third time.
Mr. ROSS. There was doubtless a necessity for the bill, but it did not provide for all the evils complained of. It did not divide the circuit equally. He desired to have equality, and time for the business in all the judicial districts of the State. The difference was in leaving ill-shaped territory out of which this district was to be formed. No action of the Special Committee had been taken, that could not be reversed, if necessary, to satisfy the gentleman from Monroe.
Mr. HARTMAN said one of the districts which Mr. Ross had referred to was composed of the counties of Allen, Whitley, Wells and Adams, and would have as much business as the new district to the north of it.
Mr. ROSS made an ineffectual motion to lay the bill on the table.
Mr. WOODS stated that the circuit proposed to be divided had the undue preponderance of a population of 41,000 - ten counties - one of them (Allen) of the largest class. The division was equal as to population and business, though there were six counties in the new circuit, and but four in the other.
The bill was then passed the House of Representatives - yeas 67, nays 5.
A message was now received from the acting Governor in regard to the Soldiers' Home at Knightstown. [See Senate proceedings of this day.]
SEVENTEENTH JUDICIAL CIRCUIT.
Mr. Chambers' Seventeenth Judicial Circuit bill [H. R. 49] [Madison, Hamilton] Tipton and Howard] was then taken up, and read the third time.
Mr. CHAMBERS urged the passage of the bill, from the consideration that it was for remedy of complaints about delays in business ori the court dockets, which have been standing over five years. He demand ed the previous question, and under Its force the bill was finally passed the House of Representatives - yeas 65, nays 8.
VENTILLATION OF THE HALL.
The PRESIDING OFFICER laid before the House a communication from the State Librarian with reference to the proposed ventillation of the Hall of Representatives-stating that he had procured Griffith's Patent Ventillators from Chicago, and they were being attached to the chimneys &c.
On motion by Mr. HUGHES, the communication was referred to the Special Committee on Ventillation.
JUDICIAL DISTRICTS.
Mr. HUGHES submitted the following:
Resolved, That the Special Committee on Judicial Districts be discharged from the further consideration of that subject, and that the same be, and it is hereby, referred to the Judiciary Committee of this House.
Mr. CAMPBELL opposed the passage of the resolution. It was not proper to anticipate the action of any committee; and this committee was raised on the resolution of a gentleman [Mr. Daggy] from the gentleman's [Mr. Hughes ] own district. Their bill had been prepared with care involving much labor: and he hoped the House would suffer the committee to report before taking the business out of their hands. He defended the action of that committee, and its report might yet be acceptable to the gentleman from Monroe himself.
Mr. HUGHES replied. His object was to prevent a District arrangement to be thrust by the majority upon those who were dissatisfied with it. He repeated his objections before stated - his district unrepresented on the special Committee, and the breaking up of relations of long-standing between counsel and client. He was willing to leave this matter to the House, though the combination of Circuits and the combination of candidates might be too much for him. He complained of being set off with the counties of Johnson and Jennings.
Mr. CAMPBELL. If this Committee shall report a bill so unjust as the gentleman imagines, he (Mr. C.) would oppose it, vote against it, and, if necessary, speak against it. He insisted only, that this Committee, who have gone to so much labor in preparing their bill, should have the opportunity of reporting the result of their labor to the House. As to what the gentleman has said about combinations of candidates for judges, he knew nothing about it, had heard nothing about it before.
Mr. CRAIN said the members here from the Monroe Circuit and the Terre Haute circuit were dissatisfied with the action of the special committee. And since the chairman [Mr. Daggy] had left the committee, he preferred to take this business out of their hands, because it was a combination. He moved that the bill go to the Committees on the Judiciary and on the Organization of Courts.
page: 167[View Page 167]Mr. HUGHES accepted the modification of his resolution.
Mr. LITSON replied, defending the special committee from the charge of combinations. This committee was selected with special reference to this business - one from each district, and it represented the judicial interests of the entire State. He also repelled the charge of combinations,and deprecated the attempt to stultify the deliberate action of the House. When he had concluded -
The House adjourned till to-morrow at 2 o'clock P. M.
