HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 6, 1867.The CLERK called the House to order at 2 o'clock P. M.
On the motion of Mr. WOODS, Mr. Hughes was called to the Chair. But
Mr. HUGHES, and others, declined - till -
Mr. HIGGINS consented to take Chair.
On the motion of Mr. MONTGOMERY, the reading of the journal of yesterday dispensed with.
page: 173[View Page 173]JUDICIAL DISTRICTS SPECIAL COMMITTEE.
Mr. HUGHES asked and obtained leave to withdraw his resolution offered yesterday to take business out of the hands of the Special Committee on Judicial Districts,- remarking, that he did not wish to stand in the attitude of parliamentary discourtesy toward that committee.
Mr. HAYS obtained leave of absence till Tuesday.
Mr. PRATHER laid before the House a copy of the report of the Reform School of the State of Ohio, and on his motion it was referred to the special committee on a House of Refuge.
PETITIONS AND MEMORIALS.
Mr. McMURRAY presented the memorial of A. D. Hamrick in behalf of the State Board of Agriculture, asking for aid in establishing the transactions of that body. It was referred to the Committee on Agriculture.
Messrs. Hamilton, Foulke, Shoeff, Blanche, Woods, McCarthy, Black, Shields, McClosky, Chambers, Griggs and Ferris, presented petitions on the subject of Temperance, which were referred to the Committee on Temperance.
Mr. NEWCOMB presented a memorial of ministers and ruling elders of the Presbyterian Church, constituting the Synod of Northern Indiana, asking that the divorce laws be so changed that no divorce shall be granted "except for the cause of fornication;" and also for the enforcement of the laws' against lotteries, &c.; which were referred to the Committee on the Judiciary.
He also presented papers in two claims, also papers of Campbell in his claims, which were referred to the Committee on Claims.
REPORTS FROM COMMITTEES.
Mr. BAKER, from a minority of the Committee on the Judiciary, reported back Mr. Schammahorn's bill [H. R. 156] to prevent certain persons from voting, etc., with amendments, substituting conviction of treason and other disqualifying crimes for the phrase "having taken up arms," etc.
Mr. McLEAN, on behalf of the minority of the Committee on Education, desired to submit a report on the resolution of Mr. Hughes for inquiring into the title of "Univerity Square," in the city of Indianapolis; and as this matter involves important legal questions and a large amount of property, he asked that this minority report and the report of the majority from the same committee, (which would be reported to-morrow) be printed for the use of the House.
Mr. NEWCOMB urged the point of order that the minority report could not be presented before the report from the majority.
Messrs. HUGHES, McLEAN, and others, discussed the point or order; which being sustained by the presiding officer, it excluded the report.
Mr. MORRISON, from the Committee on Swamp Lands, returned a swamp land bill, recommending its passage.
MICHAEL SCHAFFER.
Mr. WRIGHT, from the Committee on Claims, recommended the claim of Michael Schaffer, for paving streets opposite the State's grounds in the city of Indianapolis.
Mr. HUGHES submitted whether the city of Indianapolis is not sufficiently benefitted by the location of public buildings to pay for the necessary street improvements?
Mr. WRIGHT replied that the claim was for work done for the State - as individuals pay for work required by a city ordinance.
Mr. HUGHES replied, urging strict rules and justice, and the payment by the city of Indianapolis, of its own bills. The State did not order the work. But the city ordered it, and the city will pay for it. The property of the State is not subject to taxation.
Mr. KIZER said this was a fraudulent bill lugged in here to help on improvements in the city of Indianapolis.
Mr. WRIGHT was glad to be notified that we were going to have strict economy hereafter, and hoped that Bloomington would be regarded with reference to this rule. The Committee on Claims were indifferent as to the action of the House on this matter.
Mr. NEWCOMB submitted the theory on which municipal assessments for improvements are made - increasing the value of the property. Were the people of this city to be abused for presenting bills for work done and for assessments made, just as bills and assessments stand against individuals ? And was it less henious for a State to repudiate, than for an individual? On this very principle - violation of justice and honor - we might repudiate the pay of these Pages of the House. In reply to Mr. Hughes, whether these men have any promise that if the State does not pay them somebody else will,he replied, that he knew only that they have not been paid. If, because a laborer lives in Indianapolis, it is reason enough to deprive him of his bread, let it be said so by the House! He did not plead the legal, but the moral obligation of the State.
Mr. STAFFORD said these several claims all together amount to eight or nine thousand dollars. They were as honest as any other claims, and the State should pay them, as any other honest debt.
Mr. LONG, of Jackson. These claims page: 174[View Page 174] stand upon the same footing with those paid by citizens of the city. The improvements were made under the authority of the city; the proceedings were regular, and he thought it no more than fair that these claims be paid.
Mr. HUGHES doubted not the sincerity of the action of the Committee on Claims. But there was a mistake; and herein was the fallacy. The employer should pay the workman. Can a man (or a State) be made debtor to another without his own consent?
Mr. NEWCOMB showed the impossibility of collusion on the part of the city with these workmen - citing the ordinance governing the case.
Mr. HUGHES. The error was in the assumption that the city of Indianapolis is the State - like the old saying of Louis the Fourteenth: "I am the State." It was simply an attempt to shift upon the Treasury of the State the expenses for local improvements in the city of Indianapolis. He scouted the thought that the State ought to pay for the privilege of her legislators and other public officers walking upon the paving stories of the city.
Mr. CHAMBERS demanded the previous question, and there was a second by the House.
The main question having been ordered -
Mr. HUGHES moved to lay the report on the table.
Messrs. NEWCOMB and STAFFORD demanded the yeas and nays, and they were ordered and taken, resulting - yeas 45 nays 27 - as follows:
YEAS - Messrs. Baker, Bird, Black, Blanch, Bobo, Carter, Chambers, Crain, Danaldson, Douglass, Funk, Fuller, Hartman, Hays, Higgins, Hostetter, Hughes, Hungate, Inman, Kiser, Litson, Martin, Matthis, McCarthy, McLean, McMurray, Miller, Morrison, Montgomery, O'Neil, Ross, Rosser, Scammahorn, Shook, Shoaff, Shull, Smith of Wabash, Spencer. Stewart, Tebbs, Thacher, Van Valkenburgh, Vawter, White and WoIfer - 45.
NAYS - Messrs. Bischof, Campbell, Corey, Crowe, Erwin, Evans, Ferris, Foulke, Gordon, Griggs, Hamilton, Hopkins, Hudson, Long, of Jackson, Mason, Moore, Newcomb, Prather, Sabin, Shuey, Skidmore, Stafford, Thrasher, Thomas, Wason, Watson and Wright - 27.
Messrs. GRAIN, HARTMAN and ROSS, explained that they voted aye, hoping that the matter would come up again.
So the report was laid on the table.
WILD GAME LAW.
Mr. McFADIN called up the special order, viz: his amended wild game protection bill - H. R. 83 - the question being on its final passage.
The bill was again read through by the Clerk.
Mr. SPENCER asked and obtained unanimous consent to offer the following:
Amend by inserting appopriately in section 3,after the word "netted," this : Provided that nothing herein shall be construed so as to allow any person to enter upon the premises of an other for the pursuit of wild game, where stock is pastured or herded.
It was adopted by unanimous consent.
The bill was finally passed the House of Representatives - yeas 65, nays 7.
REPORTS FROM COMMITTEES.
Mr. FERRIS, from the Committee on Claims, recommended another claim for Indianapolis improvements.
On motion of Mr. NEWCOMB, all these reports were laid on the table.
Mr. LOPP, from the same committee, reported favorably on a similar claim.
Mr. CROWE, from the same committee, also reported in favor of a similar Indianapolis claim.
They were all laid on the table.
Mr. HARTMAN, from a majority of the Committee on Railroads, returned Mr. Newcomb's street railroad preferred stock bill [PL R. 142], with amendments, recommending its passage.
Mr. CHAMBERS, from the Corporations Committee, returned Mr. Daggy's road bill [H. R. 69], recommending that it be laid on the table. The report was concurred in.
Mr. CAMPBELL, from the Select Committee on the subject of Cincinnati Gazette's charges of bribery and corruption, submitted the affidavit of that paper's correspondent, Mr. J. H. Holliday, stating that if his letter had been carefully written it would not have inculpated the employee of the House, but only those of the Senate.
Mr. GRIGGS, from the Special Committee on the organization of courts, returned the bill [S. 80] to provide for the organization of Circuit Courts, the election of judges thereof, and repealing all laws in conflict therewith, recommending its passage, &c.
Mr. O'NEIL, from the Committee on Organization of Courts, returned Moore's Common Pleas Court bill [H. R. 135] recommending that it be laid on the table. The report was concurred in.
Mr. CAMPBELL, from the same committee, returned Mr. Sabin's Justice Act Amendment bill [H. R. 151] recommending its passage.
Mr. HAMILTON introduced a bill 226] for an act to establish a Soldiers Sailors' Home, and for the benefit of the widows and orphans. [The Indiana Soldiers' and Sailors' Home to be intrusted three trustees, and their successors at by the Legislature, and to be located at Knightstowown.] It was referred to the Committee on Military Affairs, against the desire of Mr. H. to refer it to the special committee on that subject to which the bill relates.
page: 175[View Page 175]Mr. SHOAFF introduced a bill [H. R. 227] for an act to amend section 4 of the Liquor Act of March 5, 1859, and to repeal the 5th section of said act. [License graduated from $25 to $100. Bond $1,000, &c.]It was referred to the Committee on Temperance.
Mr. DOUGLASS desired to introduce a bill.
Mr. CRAIN moved, ineffectually, that the House take up the orders of the day - a division showing no quorum voting.
Mr. DOUGLASS made an ineffectual motion to adjourn.
The PRESIDING OFFICER directed a call of the House, to determine a quorum.
The CLERK reported over 67 members present and answering to their names.
The question on Mr. Crain's motion was again taken, resulting - affirmative 46, negative 19 - no quorum.
Mr. CRAIN made an ineffectual motion tn adjourn.
Mr. STEWART moved ineffectually for leave of absence for the Committee on Benevolent Institutions - there being no quorum to determine the motion.
Mr. DOUGLASS said he had a bill, and would introduce it, or resign and go home.
Mr. HUGHES moved that Mr. Douglass have leave to introduce his bill now.
Mr. WOODS. Yeas and nays.
The PRESIDING OFFICER would entertain no motion, but to proceed with the call of the House.
The CLERK repeated the roll call, showing 77 members present and answering to their names.
Mr. Crain's motion to take up the orders of the day was then rejected.
Mr. DOUGLASS introduced a bill [H. R. 228] for an act to repeal the Common School law of December 20, 1865. It was referred to the Committee on Education
Mr. SPENCER introduced a bill [H. R. 229] for an act granting to the Township Trustees of the several counties of the State power to levy and collect taxes - to be styled the "Bridge Fund." [Not exceeding five cents on the $100 of taxables.] It was passed to the second reading.
Mr. HARTMAN introduced a bill [H. R. 230] for an act supplementary to an act regulating descents and the apportionment of estates. [Illegitimate children to inherit where there is no widow, &c.]
Mr. WOODS introduced a bill [H. R. 231] for an act to amend the 122d section of the act defining the jurisdiction, powers and duties of Justices of the Peace in civil cases. [Jurisdiction in certain cases to be co-extensive with the county.]
Mr. LONG, of Jackson, introduced a bill [H. R. 232] for an act to amend section 17 of the justices act - [change of venue to be as in civil cases - only one change to be granted.]
The three latter bills were referred to Judiciary Committee.
Mr. MORRISON introduced a bill [H. R. 233] for an act fixing the times of holding Common Pleas Courts in the counties of Howard, Grant, Tipton and Hamilton. It was referred to a special committee, consisting of Representives from those counties.
Mr. KISER introduced a bill [H. R. 234] for an act to amend the first section of the act to regulate the toll of grist mills, and prescribing ceitain duties of millers - [one-tenth at water mills, and one-eighth at steam mills, for grinding and bolting wheat and rye, and for grinding oats and barley, and for grinding and chopping rye.] It was referred to the Committee on Agriculture.
Mr. STEWART obtained leave of absence for the Committee on Benevolent Institutions for this day.
Mr. Ratliff and Mr. Shook obtained leave of absence till next week.
MAJOR GENERAL MANSON.
On motion by Mr. GREEN, it was
Resolved, That the privilege and freedom of the Hall of the House of Representatives be extended to Major General Mahlon D. Manson during his stay at the capital.
Mr. STAFFORD introduced a joint resolution instructing our Senators in Congress to use their votes and influence against the confirmation of nominations made by the President of the United States to fill places made vacant on account of political opinions.
Mr. GREEN moved that it be rejected, demanding the yeas and nays. But -
The PRESIDING OFFICER ruled the motion out of order, and decided that the joint resolution must go to the Committee on Federal Relations without debate.
Mr. McFADIN moved to take up the Governor's message in reference to the Soldier's Home at Knightstown.
Mr. MILLER moved ineffectually, that when the House adjourns, it shall be till tomorrow morning at nine o'clock.
The House then adjourned.
