HOUSE OF REPRESENTATIVES.
THURSDAY, February 7, 1867.The SPEAKER called the house to order at 2 o'clock P. M.
On the motion of Mr. BELFORD, the reading of yesterday's journal was dispensed with.
ABSENCE
Messrs. Wason, McFadin, Belford, Hamilton, Shoaff, Bobo, and Irwin severally obtained leave of absence till Tuesday.
PETITIONS AND MEMORIALS.
Messrs. Vawter, Wilson, Geisendorff, Blanch, Wolfe, Hamilton, Wolfer, Dunn, and Smith of Legrange, severally presented petitions on the subject of Temperance, which was referred to the Committee on Temperance.
Mr. KISER presented the petition of Lewis Grainer, Aaron Powell and others, citizens of Union township, Wells county, and the adjoining township in Allen county, asking for amendment of the law to enable them to unite and build a school house on the county line. It was referred to the Committee on Education.
Mr. FULLER presented the claim of a Mr. Reed, which (without reading) was referred to the Committee on Claims.
Mr. NEWCOMB presented the memorial of mechanics and manufacturers of the city of Indianapolis, on the subject of the Agricultural College, giving their views of the management of the national endowment of the Agricultural College. It was referred to the Joint Special Committee on that subject.
SINKING FUND BUSINESS.
On the motion of Mr. HUGHES the order of business was suspended, and the bill [S. 102] - to provide for the custody and management of the notes, bonds and mortgages arising out of loans heretofore made by the Board of Sinking Fund Commissioners - to continue in force all laws or parts of laws in force on the 20th day of January, 1867, &c. - [See page 105 of these Reports ]
Mr. HUGHES said that the time heredicated (January 20th,) would be out Saturday night.
Mr. GEISENDORFF opposed crowding important bills to the final vote in this way.
Mr. HUGHES moved to make it the special order for to-morrow, 2 o'clock, and 200 copies be printed.
Mr. STEWART proposed to make it the special order for Wednesday, next week.
Mr. PEELLE moved that it be referred to the Committee on the Sinking Fund.
Mr. GEISENDORFF was opposed to any snap-judgment here. He would not vote blindly upon any skinning principle worked up in this city.
Mr. PRATHER said as the only objection was to the salary of the Auditor, $5,000, Why could not that be settled now?
Mr. PEELLE'S motion to refer was adopted.
Mr. STAFFORD moved, ineffectually, that 200 copies of the bill be printed for the use of the House of Representatives.
REPORTS FROM COMMITTEES.
Mr. McFADIN, from the Judiciary Committee, returned Mr. Watson's bill [H. R. 178] to amend the 33d section of the Practice Act, with two amendments, recommending its passage.
Mr. LITSON, from the Military Committee, returned the joint resolution of the House, No. 9, with an amendment recommending its passage.
Mr. LONG, of Jackson, from the Claims Com- page: 180[View Page 180] mittee, returned Mr. Prather's Morgan Raid bill [H. R. 14] with an amendment, changing its phraseology, recommending its passage.
Mr. SCAMMAHORN, from the Committee on Rights and Privileges, returned Mr. Watson's Recorders' Advance Fee bill, with amendments, recommending its passage.
Mr. BIRD, from the same committee returned Mr. Lopp's Soldier's Tax Exemption bill [H. R. 215] recommending that it be referred to the Judiciary Committee. It was so ordered.
Mr. MARTIN, from the same committee returned Mr. Prather's Wild Bird Protection bill [H. R. 2[0?]1] recommending its passage.
Mr. WHITE, from the same committee, returned Mr. Woods' Execution Exemption bill [H. R. 44] recommending that it be referred to the Committee on the Judiciary, It was so referred.
Mr. McCLASKY, from the same committee, returned Mr. Peelle's Mill-race bill [H. R. 179] recommending its passage.
SPECIAL COMMITTEES.
The SPEAKER announced the following appointments:
Special Committee on House bill 129: Messrs. Greer, White, Foulke and Wolfer.
Special Committee on Mr. Fuller's sheriff's mileage resolution : Messrs. Fuller, Lopp, Dunn, Moore, Martin, Campbell, Wolfe, Carter, Higgins, Greisendorif and Ratliff.
On motion by Mr. HIGGINS, Mr. Hartman was added to this committee.
Special Committee on House bill No. 223: Messrs. Morrison, Black, Ratliff and Stafford.
On motion by Mr, ROSSER, it was -
Ordered, That the Committee on Public Printing have leave to employ a clerk.
REPORTS FROM COMMITTEES.
Mr. THRASHER, from the Committee on Roads, returned the road bill [S. No. 11] recommending an amendment striking out and inserting new matter after the enacting clause.
Mr. WILLIAMS, from the Roads Committee, returned Mr. Montgomery's road bill [H. R. 36], Mr. Thrasher's road bill [H. R. 52], and Mr. Stewart's road bill [H. R. 68] recommending that they severally be laid on the table, for the reason that the matter combined in them is supplied by the road bill [S. No. 11] reported above. The report was concurred in.
Mr. MORRISON from the select Committee on his Common Pleas bill [H. R. 234] for the counties of Howard, Grant, Tipton and Hamilton, recommended its passage.
MORNING SESSIONS.
On motion by Mr. SHUEY, it was
Ordered, That from and after Monday next, this House will meet at 9 o'clock, A. M, and at 2 o'clock P. M., till otherwise ordered by the House.
NEW PROPOSITIONS.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced and read the first time:
By Mr. HIGGINS, [H. R. 235] to amend the 84th section of the General City Incorporation act. [It respects the annexation of territory to towns and cities.] It was referred to the Committee on Corporations.
By Mr. GREEN, [H. R. 236] to amend the 21st section of the act to authorize the construction of the Aurora and Loughery Turnpike. [For regulating tolls.] It was referred to the Committee on Roads.
Mr. BELFORD, [H. R. 237] to require County Auditors and County Treasurers to report to the County Commissioners the amount of county bounty orders issusd to soldiers of the late war. [The number, date, &c., and amount issued since the 1st of January, 1862.] It was referred to the Committee on Military Affairs.
By Mr. HOPKINS, [H. R. 238] to revive and amend the sixth section of the act granting to the citizens of the town of Evansville, in the county of Vanderburg, a city charter, approved January 27,1847. [With reference to voters first paying taxes.] It was referred to the Committee on Corporations.
By Mr. NEWCOMB, [H. R. 239] supplemental to the act in relation to taxation in towns and cities. [A farm exceeding twenty acres shall not be liable to city taxes ] It was referred to the Committee on Corporations.
By Mr. MOORE, [H. R. 240] to provide for the inspection of coal and petroleum oils and mixtures of coal and petroleum oils. It was referred to the Committee on Manufactures and Commerce.
By Mr. SPENCER, [H. R. 241] to authorize the re-survey of towns, declaring the duties of certain officers therein, and declaring an emergency. It was referred to the Committee on Corporations.
By Mr. LOPP, [H. R. 242] to amend section 10 of the act to create a State Normal School. [insert the word "white."] It was referred to the Committee on Education.
SCHOOL DIRECTORS.
On motion by Mr. THACHER, it was
Resolved, That the Committee on Education be instructed to inquire and report whether it would not be of advantage to the common schools of the State to allow School Directors a reasonable compensation for their services.
ABSENCE.
Mr. DOUGLASS rose to ask a leave of absence. "The bolting bill" had passed both branches of the Legislature, and, of course, we are all brought into subjection to that law. Still some gentlemen must have leave of absence, and some have not the funds to spare to pay the penalty. ln view of these facts, he asked the House to grant leave of absence to the gentleman from Monroe (Mr. Hughes) for an indefinite period. [Laughter.]
It was so ordered by consent.
Mr. KIZER submitted the following:
WHEREAS, the city of Indianapolis has become rather expensive to the State, by the presentation of claims for street improvements and gas; and whereas, we believe it will be conducive the best interests of the State to remove the Capitol from said city ; therefore,
Resolved, That there be a special committee appointed three from the House, three from the Senate - whose duty it shall be to take into consideration the propriety of removing said Capitol to the city of Fort Wayne.
Resolved further, That in case the Capitol shall be removed from this city, the present State House shall be used as an institute for a State Normal School for colored children.
He introduced this resolution because there came up so many claims from the people of this city of Indianapolis. It was but yesterday that claims were nearly allowed here to pay for the improvement the streets. No such charges against the State would be made by the city of Fort Wayne. It was high ground there - the city was healthy, and the streets were already made, and clean - a clean place that, an very proper place for the capitol.
page: 181[View Page 181]Mr. GREEN proposed to amend by striking out "Fort Wayne" and inserting "Pinhook, Shelby county," in lieu.
The resolution and proposed amendment were laid on the table.
ORDERS OF THE DAY.
On motion by Mr. CRAIN, the House proceeded to orders of the day.
The concurrent resolution from the Senate authorizing the Governor's check for $1,557 54, on the fund set apart for soldiers' relief by the act of 1865, for the benefit of the Soldiers' Home at Knightstown, and that $2,000 from the same fund be appropriated to said Home, coming up -
On motion of Mr. THACHER, it was referred to the Committee on Military Affairs.
Mr MILLER moved to suspend the constitutional restriction and take up a number of bills of the House, now in the calendar, and which he gave by number, and that they be passed the second reading by reading their titles only.
The SPEAKER held that the vote for setting aside the constitutional restriction must be taken on each bill separately.
Mr. MILLER appealed from the decision of the Chair.
Mr. NEWCOMB did not doubt the validity of such a proceeding; but he thought that we could get along with most of our bills without this resort.
Mr. McLEAN argued against the validity of the proposed proceeding-citing authorities.
Mr. MILLER replied. He held that the order could be taken to read by title without the yeas and nays.
Mr. WOLF said the House would do more business by considering bills in their order under the rules.
Mr. NEWCOMB appealed to the gentleman from Tippecanoe to withdraw his appeal to the judgment of the House, and the motion for that matter, because there was not a full House.
Mr. MILLER acquiesced and withdrew the motion for the present.
On motion of Mr. MILLER, his registry bill [H. R. 25] was taken up, the question being on concurrence in the amendments reported from the Judiciary Committee.
The first amendment reported from the committee is to give the appointment of the registers to the Township Trustees, instead of the County Commissioners. It was rejected, but the vote was subsequently reconsidered.
The second amendment inserting the word "and" before "stick up printed lists of voters," coming up -
After debate, on motion of Mr. HIGGINS, it was ordered that the bill be laid on the table and printed with the pending amendments.
The SPEAKER laid before the House the (printed) Report of the Adjutant General.
Mr. Stewart's city charter bill [H. R.] 177 coming up on the second reading, it was passed to the engrossment.
Mr. McLean's school constitutional amendment joint resolution, [H. R. No. 8] coming up -
Mr. McLEAN said this joint resolution was simply the reuttering of the joint resolution for the same object, which passed the last Legislature. It was passed to the engrossment.
Mr. Newcomb's 16th judicial circuit prosecutor's salary bill [H. R. 77] coming up, with the Judiciary Committee's amendment, increasing (by $1,000) the prosecutors' salaries of all criminal courts[there being but one now in organization - the Marion County Criminal Court.]
The amendment was adopted.
Mr. Gordon's voluntary associations bill [H. R. 97] coming up with the favorable recommendation ot the Committee -
Mr. McLEAN said, in view of the fact that the Judiciary Committee has a bill for amendment of the general law, he would move to lay it on the table.
The motion was rejected.
The bill was then ordered to the engrossment.
COMMON PLEAS - FIFTH DISTRICT.
Mr. Shook's fifth district Common Pleas bill [H. R. 203] coming upit was passed to the engrossment.
Mr. GREEN moved to suspend the order of business and constitutional restriction, and that the bill be put upon its final passage.
The bill was taken up accordingly; and the constitutional restriction was suspended by yeas 82, nays 0: and then the bill was finally passed the House of Representatives yeas 81, nays 0.
Mr. Bird's bill [H. R. 208] to protect young pigs from foxes and wild cats, coming up -
Mr. ROSS proposed to strike out "wild" before "cats." [Laughter.]
Mr. BIRD explained the necessity and propriety of the bill. Each township pays the bounty [$2] for killing these animals.
It was referred to the Committee on Rights and Privileges.
Mr. Shuey's Hydraulic Company land appropriation bill [H. R. 211] coming up - it was referred to the Judiciary Committee.
Mr. Woods' tax deeds bill [H. R. 217] coming up - it was referred to the Judiciary Committee.
The committee's ten years judgment bill [H. R. 207] coming up, it was referred to the Judiciary Committee.
page: 182[View Page 182]"GUILTY" PLEADINGS IN VACATION.
Mr. Baker's "guilty" pleadings bill [H. R. 7] coming up with the Judiciary Committee's amendment -
Mr. BAKER. The only change it makes is, that it permits prisoners charged with crime, to go before the Judge and plead "guilty" in vacation, just as they may now do in term time. He showed, its reasonableness, and said that the Judges in the southern part of the State were unanimous, as far as he knew, in advising this legislation. It would work a great saving to many counties.
Mr. PEELLE was in favor of the principle of the bill; but should not the Court be authorized to summon witnesses in aggravation and mitigation?
Mr. BAKER. That is in the bill.
Mr. O'NEIL proposed to amend by adding:
"Provided further, That the punishment affixed by the Judge shall be the maximum punishment fixed by law for the offense."
He sustained his amendment by sundry considerations.
Mr. BAKER replied.
Mr. KISER supported the bill by the consideration of economy.
Mr. VAN VALKENBURG said the amendment would effectually kill the bill. He could see no more facility for bribery or corruption in the hearing proposed by this bill than there is in open court.
Mr. MATTHIS thought the amendment would work badly, and that the bill itself was wrong. The judges, in many cases, would not have the time to attend on its requirements of prisoners.
Mr. SHUEY was totally, absolutely opposed to such innovations of the law. He supposed the case of an influential lawyer fixing up a case for the trial of a criminal pleading guilty in vacation. It admitted of secret arrangements as to what shall be done with a criminal - an arrangement for a lighter punishment than the law determines.
Mr. HUGHES said the bill had not been subjected to a thorough examination in the Judiciary Committee. He himself doubted both its expediency and constitutionality.
Mr. McFADIN explained the committee's action and their amendment. He urged the constitutional provision for a speedy trial freely and without purchase - and that was sought to be met by this bill.
Mr. CRAIN objected, that it was local legislation - legislation for the counties where the judge lives. Where judges are confined all the time to the benchsome twenty, some forty weeks in the year - was the judge to leave the bench for these pleadings, in vacation? It was an unusual regulation, and wrong, for the reason that nothing can be effected by it.
Mr. BAKER answered objections.
Mr. ROSS said it was due to the Judiciary Committee to say, that a large minority were opposed to the bill. The considerations in favor of the bill were its economy. He considered that, and came to the conclusion that economy would be best consulted by hearing all causes in open court. The Circuit Court meets twice a year, and the Common Pleas three times a year,so there could not be much waste of the time of the prisoner - not more than two or three months - before he could come to trial in the regular way. We should not change the law without manifest necessity.
Mr. STAFFORD demanded the previous question, but withdrew for -
Mr. PEELLE, who proposed further to amend the bill, by incorporating the suggestions he had before made.
Mr. BELFORD demanded the previous question, and there was a second, and under its force, Mr. O'Neil's amendment was adopted.
On motion by Mr. MILLER, the bill and pending amendment were laid on the table.
On motion by Mr. WRIGHT, Mr. McMurray was added to the Committee on Agriculture.
Mr. Williams and Mr. Chambers obtained leave of absence till next week.
On motion by Mr. HIGGINS, it was
Ordered, That the Committee on State Prison North be allowed to employ a clerk.
On motion by Mr. LITSON, it was
Ordered, That two members be to the Committee on Military Affairs.
The House then adjourned.
