HOUSE OF REPRESENTATIVES.
SATURDAY, February 9, 1867.The House met at 9 o'clock A. M.
On the motion of Mr. SCAMMAHORN, reading of the journal of yesterday was dispensed with.
Messrs. McClasky and Newcomb obtained leave of absence till Monday.
PETITIONS AND MEMORIALS.
The SPEAKER laid before the House a memorial from citizens of Adams county, asking for the appointment of School Examiners by the Superintendent of Public Instruction.
Mr. LONG, of Jackson, moved to lay the memorial on the table.
A division of the House on this motion showed no quorum voting.
Whereupon -
The SPEAKER directed the Clerk to call the roll; which order proceeded till -
On the motion of Mr. WOODS, further proceedings in the call were dispensed with.
Mr. LONG, of Jackson, withdrew his his motion to lay the memorial on the table.
The paper was then referred to the Committee on Education.
Mr. DAGGY presented a similar paper which, without reading, was referred to the Committee on Education.
Mr. HUDSON presented a paper from George A. Moore, which was referred to the Committee on Employees.
Mr. BARRITT and Mr. STACKHOUSE presented temperance petitions, which were referred to the Committee on Temperance.
REPORTS FROM COMMITTEES.
Mr. SABIN, from the Committee on Fees and Salaries, returned the State Librarian bill [S. 5] with an amendment recommending its passage.
Mr. PEELLE submitted the following:
Resolved, That the Committee on the Judiciary be directed to return the House bill No. 136.
He said: Some days ago, two bills with reference to the leasing of the Northern Mate Prison were introduced, One of uese bills was returned to the House in his absence. He asked now that this bill [H. R. 136] be returned to this House, that they may be both considered together.
The resolution was adopted. Subsequently the bill was referred to the Joint Prison Committee.
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. STAFFORD, [H. R. 247] to prohibit the sale of intoxicating liquors as a beverage, to regulate the sale thereof for useful purposes, and to prevent drunkenness in any public place. [It proposes a quart law - penalty $25 to $100.] It was referred to the Committee on Temperance.
By Mr. McMURRAY, (reporting from the Committee on Agriculture,) [H R. 248] to provide for the publication of the Annual Reports of the Indiana State Board of Agriculture. [For an appropriation of $3,000 annually for that object.] It was referred the Committee on Agriculture.
By Mr. WILSON, [H. R. 249] to establish the old landmarks and prevent litigation. [The Board of County Commissioners may employ the County Surveyor to survey any part of the county, and cause the same to be recorded, &c.] It was referred to the Committee on Rights and Privileges.
By Mr. EVANS, [H. R. 250] to establish a Surrogate Court, to define its jurisdiction and duties, and provide compensation for the judges thereof. [To have original and exclusive jurisdiction in the probate of wills and all matters relating to the settlement and distribution of decedents estates.] It was referred to the Committee on the Organization of Courts.
By Mr. SPENCER, [H. R. 251,] to amend section one of the act providing for the election of supervisors of highways. It was referred to the Committee on County and Township Business.
By Mr. PEELLE, [H. R. 252] to amend the fourth subdivision of section 6 of tax law. [It proposes to exempt the parsonage building, with ten acres of ground on which t may stand ] It was referred to the Committee on Ways and Means.
By Mr. DAGGY, [H. R. 253,] to provide for the location, construction and use of lateral railroads, and the assessment of damages occasioned by the location, construction and use of the same It was referred to the Committee on Railroads.
By Mr. MONTGOMERY, [H. R. 254,] fixing the time for filing papers in the Commissioners' Courts, &c., and providing that each claim filed shall be accompanied by affidavit that the same is just, due and owing. It was referred to the Committee on County and Township Business.
page: 194[View Page 194]By Mr. NEWCOMB, [H. R. 255,] to provide for the payment of the ordinary expenses of the State government, defining the manner in which the same shall be done, and the duties of officers of State in relation thereto. It was referred to the Committee on Ways and Means.
By Mr. DAGGY, [H. R. 256] to amend section 24 of the act regulating descents and the apportionment of estates. It was referred to the Committee on the Judiciary.
By Mr. PEELLE [H. R. 257] releasing from certain officers the custody of papers. [In relation to the destruction of county papers.] It was referred to the Committee on the Judiciary.
By Mr. DUNN, for Mr. McLEAN, [H. R. 258] for the appointment of commissioners to sell certain real estate. [For the sale of "University Square," in the city of Indianapolis - the proceeds to constitute a part of the State University fund - to be applied to the establishment of an Agricultural department in the Indiana University, the purchase of the necessary apparatus, grounds, <&c.] It was passed to the second reading.
By Mr. PEELLE, [H. R. 259] to amend the 27th section of the act defining felonies and prescribing penalties therefor. [It proposes to make the penalty for obtaining money under false pretenses imprisonment not less than two nor more than seven years, and fine not less than double the value of the property so obtained.] It was referred to the Committee on the Judiciary.
By. Mr. PRATHER, (for his Senator,) [H. R. 260] to amend section one of the act to amend section 7 of the act, &c. fixing the times of holding the Courts of Common Pleas in Jenning and Bartholomew counties, &c., and extending the terms, &c. It was referred to the Committee on Organization of Courts.
By Mr. MONTGOMERY, [H. R. 261] to amend section 3 of the Act to Regulate Foreign Insurance Companies doing business in this State, &c. [The Auditor of State to be entitled to five dollars for each examination and fifty cents for each certificate.] It was referred to the Committee on Fees and Salaries.
On the motion of Mr. WHITE, it was
Resolved, That the Committee on Education be requested to inquire into the propriety and necessity of so amending the second proviso of the 20th Section of the Common School Law, that the school year shall begin on the first Monday of July instead of April, and report by bill or otherwise.
THE TWO STATE PRISONS.
Mr. WOODS moved to reconsider the vote of the House of the 5th of February, by which his bill [H. R. 221] was referred to the Judiciary Committee.
The vote was reconsidered; and then,
On his further motion, the Judiciary Committee was directed to return said bill and it was referred to the joint committee on the two prisons.
On motion by Mr. PEELLE, his prison lease bill [H. R. 136] was taken up and referred to the same committee.
ABSENCE.
On the motion of Mr. GRIGGS, Mr. Greer obtained leave of absence on account of sickness in his family.
JUDICIAL APPORTIONMENTS.
On the motion of Mr. ROSS, the special committee's bill [H. R. 244] redistricting the State for judicial purposes was taken up.
Mr. ROSS proposed to amend the bill, by taking Sullivan county out of the 20th circuit, and placing it in the 6th circuit.
The amendment was agreed to.
Mr. WOODS proposed further to amend the bill by striking-out the closing words of the 21st section, and inserting these: "The object for which they were severally elected." It was to prevent the shifting of Judges' residences for office.
The amendment was adopted.
J. H. ACHEY.
The SPEAKER laid before the Houses note from Mr. J. H. Achey, presenting to the General Assembly a copy of his book, entitled "The Iron Furnace,'"' purporting to give the author's experience of the rise and progress of secession: and proposing a public address on the present condition of the South, if the Hall of Rspresentatives were tendered for the purpose.
Several voices, "read, read.
But it was at once suggested and agreed that, instead of reading the book to House, the Speaker take it home and read it at his leisure.
Mr. VAN VALKENRURGH moved that the use of the Hall be tendered, and the gentleman requested to deliver his address on Thursday night at 11 o'clock,-after the House shall close the discussion of the Thirteenth Article repeal bill from the Senate. [Laughter.]
Mr. WOODS hoped the gentleman from Marshall would not insist on his motion.
Mr. WILSON recognized Mr. Achey his acquaintance, and commended him worthily to the House. He proposed amend the motion of Mr. Van Valkenburg so that the Hall be tendered for evening at 7 o'clock.
Mr. BAKER and Mr. VAN VALKENBURG demanded the yeas and nays.
Mr. PRATHER and Mr. ROSS hoped gentlemen would withdraw their motions.
The SPEAKER said he understood that page: 195[View Page 195] the proposition for the address was now withdrawn. So the matter was passed over.
13TH ARTICLE REPEAL BILL.
Mr. EVANS moved to reconsider thevote of the House, by which the consideration of the bill from the Senate for the repeal of legislation under the 18th article of State Constitution was made the special order for Thursday night at 7 o'clock.
The motion was agreed to.
Whereupon -
Mr. EVANS moved that the further consideration of said bill be postponed, and it be made the special order for Thursday 3 o'clock P. M.
Mr. LONG, of Jackson, inquired whether interests of the State would suffer, if it were put off till two weeks from Thursday?
Mr. CAMPBELL and Mr. PRATHER were willing that Democratic members should fix the time to suit themselves.
Mr. MILLER suggested to let the bill lie on the table, whence it could be called up any time.
Mr. EVANS finally modified his motion so as to make the bill the special order for Wednesday next at 3 o'clock P. M.
It was so ordered by consent.
THE CALENDAR.
The bill [S. 58] requiring the assessors to return their lists on the first Monday in April of each year, and the Boards of Equalization to meet on the same day, was passed to the second reading and referred to the Committee on Ways and Means.
SUPREME COURT ROOMS.
The bill [S. 158] for the purchase of Supreme Court room and chambers by the Clerk thereof, coming up, and having been read-
Mr. PRATHER moved that it be referred to the joint committee for procuring public offices.
After debate, in which Messrs. PRATHER, SHUEY, FOULKE, GEISENDORFF, SPENCER and CRAIN took part - differing in opinion about the reference of the bill, and as to whether it were best, policy to purchase or to rent for the public offices -
Mr. NEWCOMB proposed to add instructions to the effect that said committee inquire into the expediency of erecting a new building for the accommodation of the Supreme Court, &.c.
On motion of Mr. CRAIN the bill and pending motions were laid on the table.
The bill [S. 63] for repeal of statutes not conformable to the decision of the Supreme Court in the case of Langdon and Appelgate, 5th Ind. Rep. p. 327, was passed to the second reading.
The bills from the Senate numbered 8, 13, 36, 53, 74, 95, were severally passed to the second reading and referred to appropriate committees.
The turnpike bill [S. No. 11] coming up on the second reading thereof -
Mr. PEELLE said the House was too thin for any final action to-day, and he suggested an adjournment.
The House then adjourned till Monday, 2 o'clock P. M.
