HOUSE OF REPRESENTATIVES.
FRIDAY, February 8, 1867.The House met at two o'clock P. M.
Messrs. Corey, Shull, Ratliif and Lopp, severally obtained leave of absence till next week.
On the motion of Mr. GREEN, the reading of the journal of yesterday was dispensed with.
THE MILITARY COMMITTEE.
The SPEAKER announced the following additional members of the Committee of Military Affairs, namely: Messrs. Stewart and Chambers.
Messrs. CROWE, STACKHOUSE and BLANCHE presented petitions on the subject of temperance, which were referred to the Committee on Temperance.
Mr. GREEN presented several petition for claims on account of losses by the Morgan raid, which were referred to Committee on Claims.
Mr. VAWTER presented the memory of many citizens of Johnson county, asking for a fish protection law; which was referred to the Committee on Rights and Privileges.
REPORTS FROM COMMITTEES.
Mr. NEWCOMB, from the Committee on Ways and Means, submitted a report setting forth in detail the destruction of bonds to the amount of $1,539,649 33destroyed by burning on the 5th of February, under the State Debt Sinking Fund act of 1865.
Mr. DUNN, from the Judiciary Committee, returned the resolution for a revision of the Statutes, with the opinion that it is in- page: 187[View Page 187] expedient to legislate on that subject at this time. The report was concurred in.
He also returned Mr. Woods' bill [H. R. 143] in relation to the compensation of witnesses, and to repeal section 238 of article 13 of the civil procedure act, without amendment, recommending its passage.
Mr. PEELLE, from the Committee on the Organization of Courts, reported against the passage of the Common Pleas bill [S. 34]. The report was concurred in.
He also returned Mr. Shoaff's court bill [H. R. 196] recommending its passage with an amendment striking out "8" and inserting the word "seven" in lieu.
Mr. STACKHOUSE, from the Committee on Education, returned the memorial from Clay county, for extra school taxation for school visitors for daily visitations of the common schools, reporting that legislation is inexpedient thereon, and that the subject be indefinitely postponed. The report was concurred in.
Mr. BIRCH, from the Education Committee, returned Mr. Montgomery's private school bill [H. R. 170] recommending that it be indefinitely postponed. It was so ordered.
UNIVERSITY SQUARE.
Mr. SMITH, of Lagrange, from a majority of the Committee on Education, submitted a report on the property known as "University Square," in the city of Indianapolis, and on the question of the best means of disposing of the same for the public good.
Mr. McLEAN, from a minority of said committee, submitted a report on the same subject, with a bill, which he subsequently withdrew. He moved that the two reports be laid on the table, and printed for the use of the House.
The motion was agreed to.
Mr. LITSON, from the Committee on Military Affairs, returned the Senate concurrent resolution for a $3,500 appropriation from the proper fund, for the expenses of the Soldiers Home at Knightstown, recommending its passage.
Mr. SABIN, from the Committee on Fees and Salaries, returned Mr. McFadin's bill [H. R. 10] for raising the fees of Coroners, recommending that it do not pass. The report was concurred in.
He also returned Mr. Kizer's bill, [H. R. 182] recommending that it do not pass. It was concurred in.
He also returned Mr. Kizer's bill H. R. 183] to reduce the fees of sheriffs, recommending that it be indefinitely postponed.
Mr. KIZER moved to amend the report so that the bill may be laid on the table.
It was so ordered.
He also returned Mr. Shoaff 's drainagebill, [H. R. 20] with an amendment, "$2" instead of "$2 25."
Mr. STEWART, from the Committee on Claims, returned the resolution for payment of the expenses of poor persons attending as witnesses on State prosecutions, recommending that the subject be indefinitely postponed.
He also returned the resolution in reference to the grading of the fees of county officers, reporting the opinion that it is impracticable, and that the resolution be laid on the table.
These reports were concurred in.
Mr. THRASHER, from the Committee on Roads, returned Mr. Green's Aurora and Loughberry Turnpike bill, [H. R. 236] recommending that it do not pass.
Mr. GREEN said that was the same bill which last session passed the Senate, and was approved in the House by the Agricultural and Judiciary Committees, and only failed in the House because of its place low down in the Calendar and late in the session. On his motion, it was referred to the Committee on Corporations.
Mr. DANALDSON, from the Committee on Agriculture, returned Mr. Kizer's grist mill bill [H. R. 234] recommending its indefinite postponement. It was so ordered.
He also returned the memorial of the State Board of Agriculture, asking for aid in the publication of the transactions of said Board, reporting unanimously in favor of the same.
Mr. HARTMAN obtained leave to amend his report from the Committee on Mileage.
Mr. SHUEY, from the Joint Committee on the House of Refuge for Juvenile Offenders, returned Mr. Prather's Reform School bill, [H. R. 115] recommending that it be laid on the table, for the reason that the Committee have prepared a more perfect bill. The report was concurred in.
Mr. STAFFORD, from the select committee thereon, returned Mr. Chambers' bills [H. R. 50, 51] for the 7th and 13th judicial circuits, recommending their passage.
NEW PROPOSITIONS.
Bills for acts of the General Assembly, numbered and titled to the following effect, were introduced:
By Mr. BELFORD, (from the Committee on Railroads, in response to Mr. Hartman's resolution) a bill, [H. R. 243] prescribing the manner in which railroad corporations within this State shall be consolidated with railroads within or without this State, &c. It was passed to the second reading.
By Mr. DAGGY, (from the Special Judicial Circuits Committee) a bill [H. R. 244] districting the State for Judicial Circuits, and providing that Judges and Prosecuting Attorneys therein, heretofore existing, shall be continued in office, and providing for filling vacancies in said offices. It was passed to the second reading.
By Mr. LONG, of Jackson, [H. R. 245] to re- page: 188[View Page 188] peal the act to ascertain the amount of fees and salaries of Clerks, Prosecuting Attorneys, county officers, &c. It was referred to the Committee on the Judiciary.
Also, [H. R. 246] to perpetuate improvements of swamp lands donated by the United States to the State of Indiana, &c., defining the duties of County Commissioners in relation thereto. It was referred to the Committee on Swamp Lands.
ABSENCE.
On motion of Mr. GREEN, Mr. Long, of Jackson, obtained leave of absence for two weeks from Monday.
THE CALENDAR.
On motion of Mr. STAFFORD, the House took up the calendar of bills of the House of Representatives on the third reading.
ADDITIONAL JUSTICES IN CITIES.
Mr. Newcomb's Justices' bill [H. R. 175], [in cities, two additional justices may be allowed by the county commissioners, if they see fit to do so,] coming up, it was read the third time by the Clerk.
Mr. GREEN desired the bill to be again read.
Mr. LONG, of Jackson, proposed to amend, by a clause restricting the number of justices to one for each township, unless the population exceed 3,000. He moved to recommit with this proposed amendment by way of instruction.
Mr. NEWCOMB explained.
Mr. LONG, of Jackson, would reduce the number in order to increase the responsibility and authority of the justices' courts.
Mr. GORDON was in favor of recommitment, with instructions to strike out "three" and insert "two" (justices in each township) in lieu. Two justices also were sufficient in the cities.
Mr. GREEN, moved to lay Mr. Long of Jackson's motion on the table, which was agreed to.
The bill was passed the third and last reading in the House of Representatives - yeas 64, nays 13.
18TH JUDICIAL CIRCUIT.
Mr. Crain's bill [H. R. 13] to create the17th Judicial Circuit - [counties of Parke, Vermillion, Sullivan and Vigo] coming up-
By unanimous consent, it was amended so that the circuit be numbered "the 18th" instead of the "17th."
Mr. CRAIN explained the bill. It was a part of, and in harmony with, the general districting bill No. 244 introduced this day. The circuit was to conclude at Terre Haute, so as to extend the term there if necessary, and clear the criminal docket.
Mr. WOLFE asked unanimous consent to amend the bill. His people desired to remain in the other circuit, and he proposed to recommit the bill with instruction to amend by leaving out the county of Sullivan.
Mr. McLEAN said the bill was the suggestion of the members of the bar of these four counties. He gave the elements of this new circuit, created simply as a matter of business expediency; and he insisted that the pending proposition of the member from Sullivan (Mr. Wolfe) did not represent his people.
Mr O'NEIL moved to lay the bill on the table; but withdrew it for -
Mr. WOLFE, who justified the representation he submitted here for the people of Sullivan county. His people simply asked to be left alone in the circuit where they are. He renewed the motion to lay the bill on the table.
Mr STAFFORD demanded the previous question, and there was a second.
Mr. CRAIN said that putting Sullivan county in Judge Eckles' circuit would make it too large. He knew that the Sullivan bar was in favor of this bill.
The main question (being Mr. O'Neil's motion to lay the bill on the table) was agreed to - affirmative 34, negative 33.
Mr. Belford's road bill [H. R. 185] to amend the 45th section of the general road law of June 17th, 1852, coming up -
Mr. BELFORD stated that its single object was to revive the law of 1843, authorizing the recording of roads that have been used twenty years.
Mr. SPENCER asked unanimous consent to incorporate these words: "Provided such road shall be ascertained to be for the public good."
On motion of Mr. VAN VALKENBURGH, it was laid on the table.
The bill was finally passed the House of Representatives - yeas 55, nays 21.
TOWN PLATS TRANSFERRENCE FOR TAXATION.
The Ways and Means Committee town plat conferrence bill [H. H. 189] coming up -
Mr. MILLER explained its provisions, that proprietors of town additions shall have the plat apportionments for taxation amongst the several lots transferred to the Auditor's books for taxation.
The bill was finally passed the House of Representatives - yeas 54, nays 22.
SOLDIERS' HOME.
On motion by Mr. LITSON, the Senate concurrent resolution for an appropriation of $3,500 for the Soldiers' Home at Knightstown was taken up and concurred in.
ADJOURNMENT
On motion by Mr. SHUEY, it was ordered that when the House adjourns to-day it shall be till to-morrow morning at 9 o'clock.
page: 189[View Page 189]FINES AND FORFEITURES.
Mr. Stackhouse's Fines Remission bill [H. R. 164] (requiring the Judges trying the use the County School Examiner, and a majority of the Jury, to sign the application for release,) coming up -
Mr. HUGHES and Mr. DAGGY approve dthe spirit of the bill; but it added stringency the law, on account of the difficulty about getting jurors to act.
Mr WOODS regarded the provision requiring the signature of the County School Examiner as simply absurd.
The bill failed for want of a constitutional maiority on the final vote in the House of Representatives - yeas 35, nays 34.
DIRECTORS OF THE NORTHERN PRISON.
The SPEAKER laid before the House a communication from the Auditor of State, responding to a resolution of the House of the 6th of February, in relation to the pay of the Directors of the State Prison North-they each have received their per diem, $3 per day for 365 days of the year. It was referred to the Committee on Public Expenditures.
Messrs. Kizer and Wolfern obtained leave of absence till Monday.
ADJUTANT-GENERAL'S REPORT.
On motion by Mr. MONTGOMERY, it was ordered that the report of the Adjutant-General, be referred to the Committee on Military Affairs.
Mr. HIGGINS' 5th article repeal bill [H. R. 26] coming up - it was laid on the table.
CONVENTIONAL INTEREST.
Mr. Wilson's 10 per cent conventional interest bill [H. R. 141] - coming up -
Mr. Wilson desired to make it a special order for Monday. He explained the provisions of the bill: That if a man contracts to pay "ten per cent, the law shall compel him to pay it. If he contracts to pay more than ten per cent., ten per cent may be recovered. But where money is borrowed without contract to pay more, the rate remains at six per cent.
Mr. BOBO opposed the bill. We were not called upon here to aid capitalists. Justice, and not the question about what money will bring, should be the rule of our action in fixing the rate of interest.
Mr. BELFORD. It will cure the defect in the existing interest law.
Mr. ROSS said that the Judiciary Committee have reported a similar bill, and on his suggestion, this bill was laid on the table till that shall be reached.
Mr. WASON'S sheep-disease bill [H. R. 144] coming up -
It was passed to the final reading - yeas 74, nays 3.
On the motion of Mr. CAMPBELL, Mr.Sabin's justices' jurisdiction bill [H. R. 151] was taken up, and referred again to the Committee on the Organization of Courts of Justice.
Messrs. Smith, of Wabash, and Thacher obtained leave of absence till Tuesday.
The House then adjourned till to-morrow morning, nine o'clock.
