HOUSE OF REPRESENTATIVES.
TUESDAY, February 12, 1867.The House met at 9 o'clock A. M.
On motion of Mr. MONTGOMERY, the reading of yesterday's journal was dispensed with.
On motion of Mr. THACHER, Mr. Hays obtained leaye of absence - his brother dead.
PETITIONS AND REMONSTRANCES.
Messrs. Ross, Wilson, Black and McFadin severally presented petitions on the subject of temperance, which (without reading) were referred to the Committee on Temperance.
Mr. McFADIN presented two memorials against prohibition, but for amendments of the present law, so as to hold minors responsible as the dealer. It was referred to the Committee on Temperance,.
REPORTS FROM COMMITTEES.
Mr. PEELLE, from the Committee on the Organization of Courts of Justice, returned Mr. Prather's Jennings Common Pleas bill [H. R. 260], recommending that it be laid on the table.
The report was concurred in.
He also returned Mr. Moore's 22d District Common Pleas bill [H. R. 272], recommending its passage.
Mr. ROSS, from the Committee on Judiciary, returned the justice's act amend bill [S. 28,] recommending its passage.
Mr. MILLER, from the Judiciary Committee, returned Mr. Prather's bill [H. R. 160] and Mr. Peelle's bill, in reference to the leasing of the prisons - which were referred to the Committee on Prisons yesterday.
JOHN I. MORRISON.
Mr. PRATHER. I have a resolution which I propose to introduce, and before submitting it, I wish to make a remark or two. By reference to the Treasurer's report, we find that the Treasurer lost by a thief entering the Treasury Department, some time in the year 1866, and abstracting $2,000. Mr. Morrison refunded the money out of his own means. He is retired now from office. We all know John I. Morrison as an honest, faithful officer. This resolution points to reimbursing him for his loss.
page: 209[View Page 209]We have some precedent for this action, Mr. Speaker. It will be remembered that one of our late State Treasurers, Mr. Aquilla Jones, equally honest and faithful, paid money out of the Treasury to a late Governor of the State, to an amount something beyond his salary, and the Governor died, leaving Mr. Jones minus. It will be also remembered that at the last session of the General Assembly relief was granted to Mr. Jones. Therefore I ask that this resolution be read and referred to the Committee on Claims.
The joint resolution [H. R. No. 14] for the relief of John I. Morrison, late Treasurer of State, was read the first time by the Clerk.
Mr. CRAIN said there was nothing shown here as to how this money has been lost. Hecited other instances of the State's money loast. We should set no precedent of this sort. The State safe might have been left open through carelessness. He would have men careful and responsible that accept office.
Mr. PRATHER replied, defending Mr. Morrison from the imputation of unfaithfulness. He introduced this resolution not at the "instance of Mr. Morrison. He rehearsed the time and incidents of the loss of the money.
Mr. CRAIN disclaimed all imputation against the late Treasurer.
Mr. PRATHER asked for the reference, and a fair examination of the joint resolution.
The House divided on the joint resolution; affirmative 38, negative not reported no quorum voting.
Whereupon -
The SPEAKER directed the roll-call to determine a quorum; and the call proceeded till seventy-two members answered to their names.
The joint resolution was then referred to the Committee on Claims - affirmative 51, negative not reported.
NEW PROPOSITIONS.
Bills for acts of the General Assembly numbered and titled to the following effect were introduced:
By Mr, FULLER, [H. R. 275] to amend the Assessment laws.
By Mr. FULLER, [H. R. 276] to amend the Assessment laws.
By Mr. FULLER, [H. R. 277] to amend the Assessment laws. They were referred to the Committee on Ways and Means.
By Mr. MONTGOMERY, [H. R. 278] to amend the fourth paragraph of section one of the act fixing the times of holding the Circuit Courts in the several counties of this State. [It respects the 4th Circuit - Franklin, Union, Fayette, Rush, Shelby, Decatur, Dearborn. It gives three weeks, instead of two weeks, for the time of holding court in Shelby and Decatur.] It was referred to the Committee on the Organization of Courts.
By Mr. SLACKHOUSE, [H. R. 279] to provide for the sale of forfeited saline lands. [Sale on the 22d of December annually.] It was referred to the Committee on Education.
By Mr. COREY, [H. R. 280] to fix the qualifications of teachers in the common schools ofthe State of Indiana, and repealing all laws in conflict therewith. [Teachers to be examined in orthography, reading, writing, geography, English grammar and arithmetic.] It was referred to the Committee on Education.
By Mr. SMITH of Lagrange, [H. R. 281] regulating the fees of clerks of Circuit and Common Pleas Courts, and supplemental to the act regulating the fees of officers. It was referred to the Committee on the Judiciary.
By Mr. HAMILTON, [H. R. 282] to organize a system for the promotion of emigration to the State of Indiana, [the Secretary of State to be Commissioner of emigration, with district committees - to offer $300 premiums for pamphlet inducements, &c.] It was referred to the Committee on Emigration.
By Mr. VAWTER a joint resolution. [H. R. No. 15] reciting that whereas the Congress of the United States, on the 30th of June, 1864, passed a law exempting from taxation the bonds, notes, and other securities of the United States ; therefore,
Resolved, &c. That our Senators, &c., be instructed to use their influence to procure a modification of said law so as to authorize the taxation of all except the bonds of the United States.
FORTY FEET ROADS.
On motion by Mr. THOMAS, it was
Resolved, That the Committee on Roads be instructed to inquire into the propriety of so amending the law regulating the public highways as to increase the width of county roads to forty feet, and authorize Supervisors to remove the fences on the old State roads where the same have been moved in so as to render the width of said roads below forty feet, and that they report by bill or otherwise.
Mr. PEELLE presented the claim of Robert O. Dormer, Journal Clerk, for services in the organization of the House of Representatives. It was referred to the Committee on Claims.
INSPECTION OF PETROLEUM.
Mr. WHITE submitted the following:
Resolved, That a special Committee of Three be appointed by the Speaker, to inquire into the propriety and necessity of providing by law for an inspection of petroleum, and guarding the public against the imposition of the sale of an impure article of the same, and providing penalties adequate to the emergency; and report by bill or otherwise.
Mr. MONTGOMERY proposed to include "whisky," which he subsequently withdrew. Mr. CRAIN said all the States around us have legal tests of coal oil; and that portion of those oils which can not bear the test in Ohio and other adjoining States is brought into this State and sold amongst us - oil that will ignite at 60 degrees. We ought to make a law that no oil shall be sold here unless it can bear the fire-test of 110 degrees. There was a bill in the Senate to this effect.
Mr. WHITE. The Senate bill can be referred to this Special Committee.
The resolution was adopted.
On motion of Mr. WOLFER, it was
Resolved, That the Committee on Education ,/
page: 210[View Page 210]be directed to inquire into the propriety and necessity of increasing the pay of School Examiners.
NO SMOKING.
On motion of Mr. McFADIN, it was
Resolved, That there shall be no smoking in this Hall during the sessions of the House, and that the Doorkeeper see that this order is strictly carried out.
On motion by Mr. CAMPBELL, it was
Resolved, That the Committee on Fees and Salaries inquire into the expediency of increasing the fees of jurors of the regular panel in the Circuit and Common Pleas Courts ; and report by bill or otherwise.
THE CALENDAR.
Mr. Belford's bill, [H. R. 59] was passed over - he being absent on leave.
Mr. Bobo's Sewers bill [H. R. 89] coming up on the second reading -
Mr. KIZER said it applied to town corporations - not cities.
On motion of Mr. MONTGOMERY, if was passed over 0 the author being absent.
ADULTERY PENALTY.
Mr. Van Valkenburgh's adultery bill, [H. R. 107] coming up on the third and last reading -
Mr. V. and others explained that the proposed amendment of the existing law was to increase the penalty for the offense from $350 to $1,000 fine, and from three months to twelve months' imprisonment.
The bill was finally passed the House of Representatives - yeas 72, nays 0.
ROAD CHANGES.
Mr. Higgins' road-change bill [H. R. 48] coming up, it was read the third time.
Mr. HIGGINS explained its provisions - for changing a highway on the desire of an individual through whose premises the road passes - at his own expense.
Mr. WOODS suggested that the bill was deficient as to notice.
On motion by Mr. HIGGINS, (by unanimous consent) the bill was modified so as to require the petitioner to give notice of twenty days.
The bill was then finally passed the House of Representatives - yeas 71, nays 0.
UNWHOLESOME FOOD.
Mr. Dunn's Unwholesome Food bill [H. R. 63] coming up on the third reading - it was finally passed the House of Representatives - yeas 70, nays 0.
ROAD PROTECTION, &C.
Mr. McFadin's Road bill [H. R. 80] for changes where water courses encroach, coming up on the third and last reading -
Mr. McFADIN explained that it was to appoint appraisers to assess the damages where the road is removed to the other side - the rear of buildings, &c.
Mr. GREER said in his county such a bill as this would devolve a very great cost on the county.
Mr. DAGGY also objected. The great mass of the people were interested in allowing the law to remain as it is.
Mr. NEWCOMB moved to recommit the bill to the Committee on Roads, with instructions to so amend it as to give a discretion to the County Commissioners.
Mr. McFADIN said this bill provides only for the change of roads of general utility. The bill also gave all the discretion to the commissioners which the gentleman could desire.
Mr. SHUEY desired to support the bill, if it is right. He gave an instance of its necessity in his county, where the county commissioners were doubtful whether they could protect the wasting banks of the St. Joseph river, at the expense of the county.
Mr. Newcomb's motion was then agreed to.
ABANDONED ROAD-BEDS.
Mr. Daggy's county lines bill [H. R. 61,] coming up on the final reading -
Mr. DAGGY explained its provisionsto vacate old deserted road-beds.
Mr. STAFFORD thought its provisions were too sweeping. It might vacate desirable roads.
Mr. DAGGY said the change must not exceed one-fourth of a mile - all on the land of one individual.
The bill was passed the House of Representatives - yeas 72, nays 0.
CEMETERY CONVEYANCE.
Mr. White's cemetery conveyance bill [H. R. 99] coming up on the final reading-Mr. WHITE explained its provisions, and the necessity for it. It authorizes the town or city authorities to levy a tax for the preservation of the cemetery.
The bill was finally passed the House of Representatives - yeas 73, nays 0.
BRIDGE TOLL.
Mr. Newcomb's bridge toll bill [H. R. 101] coming up on the final reading-
Mr. MILLER explained its object-to allow the cost of repairing a bridge to be counted in the sum total which authorizes the rate of toll.
The bill was finally passed the House of Representatives - yeas 59, nays 13.
INSPECTION OF PETROLEUM.
The SPEAKER announced the special committee under Mr. White's resolution recited above, namely: Messrs. White, Crain and Hostetter.
DOG LAW.
Mr. Danaldson's dog law amendment bill [H. R. 140] coming up on the final reading, it was passed over informally - because without engrossment. But subsequently-
On the motion of Mr. McMURRAY, it page: 211[View Page 211] was referred again to the Committee on Agriculture.
SIDEWALKS.
Mr. Thomas' Sidewalk Protection bill [H. R. 148] coming up -
Mr. THOMAS explained that its object was to protect sidewalks outside of towns and cities.
The bill was finally passed by the House of Representatives - yeas 78, nays 0, with amendment of title, "so as to protect sidewalks outside of towns and villages."
COMPOUNDING CRIME.
Mr. Hughes' Compounding and Concealing Crimes bill [H. R. 158] - see page 123 of these Reports - coming up on the final reading-
Mr. HUGHES stated that it was for an act to supply a want in our criminal codes.
Mr. DAGGY. Does the bill except attorneys?
Mr. HUGHES. It excepts the usual relations - husband and wife, parent and child, etc. It was prepared by several members of the bar of this city, assisted by the Judge of the Criminal Court.
The bill was finally passed the House of Representatives - yeas 72, nays 3.
AGRICULTURAL AND HORTICULTURAL SOCIETIES.
Mr. Newcomb's Horticultural Society bill [H. R. 181] coming up on the final reading -
Mr. NEWCOMB said he did not prepare the bill, but it now, seems to him from the reading, that the only change of law that it makes, is to give to Horticultural societies the same priviliges and powers extended to Agricultural societies.
The bill was finally passed the House of Representatives - yeas 72, nays 1, with an amendment of title, viz: "and to extend the benifits to horticultural societies."
Mr. McLean's joint resolution [H. R. No. 8] proposing an amendment of the State Constitution so as to enable cities and towns to leavy taxes for the purposes of common schools in addition to the revenue derived from the State, coming up -
Mr. CRAIN explained that it was a mere formal re-enacting of the Constitutional Amendment, proposed by the last Legislature for the ratification or rejection of the people.
Mr. KISER opposed the joint resolution as a scheme of plundering the people.
On motion by Mr. NEWCOMB, the joint resolution was postponed and made the special order for two o'clock, P. M.
The House then took a recess till 2 o clock.
AFTERNOON SESSION.
The SPEAKER announced the consideration of Mr. McLean's joint resolution [H. R. No. 8.] for amendment to the Constitution.
Mr. WOLFE took the floor against the proposed amendment. He deprecated the ordinary college course of instruction, as lacking in what is practical. It was negligent of the physical constitution. We should teach our children to be practical first to work. If he would find common honesty he would look to the rural districts, where practical, physical education was most respected. Then he objected to the amendment as opening the way to increase the burdens of taxation. He insisted, also, that the time when our present Constitution was adopted was more favorable to a wise determination of all these public questions than the present; Our system of education was a mistake; and the tendencies were too great toward extravagance.
Mr. BIRD replied to Mr. Wolfe's objections. There was nothing now more earnestly demanded by the people than the passage of this amendment resolution. There was an example of what might be expected for this amendment in the school system which has been maintained in the city of Evansville, receiving its authority from their city charter, which is older than the State Constitution. He referred also to the good working and acceptability of the legislation upon the principle of this amendment, which was declared unconstitutional by the Supreme Court. He argued the question generally.
Mr. McLEAN said it was thought the provisions of the joint resolution were not full enough in some of its particulars; therefore be would move that it be referred again to the Committee on Education, with instructions to amend so as to provide, that the Secretary of State shall give notice and prescribe the form of the popular vote thereon.
Mr. HUGHES said, amendments to the Constitution should be made with care, hence the careful provisions with reference to them. It was our duties here to da something more than merely to give our assent to any proposed amendment to the Constitution - we should recommend it. The State of Indiana has a very large common school fund, as compared with that of other States. It was ample to give a good rudimental English education to all the people. He could not think the power to tax the people should be considered on city corporations, which were supposed to be well enough able to take care of themselves. But this proposition includes towns also, where a few persons page: 212[View Page 212] will control the city elections. It proposes to give this power to them. The town corporations occupy too little space in the mind of the people to be intrusted with this taxing power. He did not think the people have asked for this amendment - did not think it was a popular movement. The war has left in debt as a nation, and as individuals: and we would do well to heed the warning voice of the Secretary of the Treasury, when he tells us that a money crisis will hardly be escaped. He did not think the power of taxation now should be intrusted to any but the representatives of the people.
[Here, on motion of Mr. VAWTER, Dr. Elijah Newland, Representative elect from the county of Floyd, came forward, presented his credentials, received the oath of a Representative at the hands of the Speaker, and took his seat.]
Mr. WOLFE moved to lay the joint resolution on the table.
The yeas and nays being demanded, ordered and taken on this motion, resulted yeas 31, nays 41 - as follows:
YEAS - Messrs. Black, Carter, Chambers, Crowe, Danaldson, Dunn, Edmonson, Honneus, Hudson, Hughes, Hungate, Inman, Kiser, Mason, Matthis, McFadin, Montgomery, Newland, Prather, Ross, Shanks, Shields, Smith of Wabash, Spencer, Thatcher, Thrasher, Van Valkenburgh, Vawter, Williams, White and Wolfe - 31.
NAYS - Messrs. Barritt, Bird, Bischof, Blanch, Campbell, Corey, Crain, Daggy, Erwin, Evans, Ferris, Foulke, Funk, Fuller, Geisendorff, Greer, Griggs, Hamilton, Higgins, Hopkins, Hostetter, Long of Kosciusko, Martin, McCarthy, McClasky, McLean, McMurray, Miller, Moore, Morrison, Newcomb, North, Peelle, Rosser, Sabin, Schammahorn, Shook, Shuey, Skidmore, Smith of Lagrange, Stackhouse, Stafford, Thomas, Wason, Wilson, Wolfer, Woods, Wright and Mr. Speaker - 49.
So the resolution does not lie on the table.
The joint resolution was then referred, with the instructions moved by Mr. McLean.
THE CALENDAR.
Mr. Hamilton's 16th Circuit Prosecuting Attorney salary [$1,000] bill [H. R. 17] coming up on the third and last reading it was; read and passed over informally, on account of a mistake in the enrollment.
Mr. Gordon's voluntary associations and amendment bill [H. R. 97] coming upit was passed over, till the author shall be present.
GENERAL CITY CHARTER.
Mr. Stewards General City Charter Amendment bill [H. R. 177] reducing the number of inhabitants that may make a city from 2,000 to 1,500, coming up - it was passed the final reading - yeas 60, nays 22.
The Special Committee's bill [H. R. 244] for redistricting the State for Judicial purposes, coming up on the third and last reading-
Mr. GREEN moved to postpone the further consideration of the bill till Tuesday 2 o'clock.
On motion of Mr. MILLER, the motion to postpone was laid on the table.
Mr. WOLFE called attention to the fact that, on yesterday, the bill was amended so as to transfer the county of Sullivan from the 20th to the 6th Circuit.
Mr. HUGHES could see no reason forthus taking Sullivan out of its natural geographical connection with Vigo, and puting it into the Monroe Circuit, unless it were to make the latter a Democratic Circuit. That, however, he cared nothing about. He never took his politics into court.
Mr. GREER desired again to test the sense of the House on this question, and would move to transfer Sullivan county back to the 20th Circuit.
Mr. WOLFE claimed the action of the House - that it stand as it is.
Mr. GREER moved to reconsider the vote by which Sullivan county was transferred to the Sixth District.
Mr. WHITE moved to reconsider the vote ordering the bill to be engrossed.
Mr. ROSS said, every motion we take in a backward direction would be fraught with delay and confusion all over the State.
Mr. NEWCOMB thought it better to do our business well. He wanted to reverse the action of the House yesterday, and come back to the committee's bill, as it was originally reported.
Mr. WHITE objected to the bill, as containing too many circuits. He took other objections.
Mr CAMPBELL said it was important that the bill should pass. It was not a partizan measure. It rather makes a more equal distribution of the counties than increases the number of the circuits.
Mr. MILLER hoped the House would not reconsider the vote. They needed additional courts in his circuit. He had withheld his bill for this object, waiting for this bill, So anxious was he to get this bill, (so generally satisfactory) that he was willing to take it with Sullivan county in the 6th Circuit.
Mr. PRATHER preferred that his county [Jennings] should remain in the 1st Circuit, rather than to be set off with counties west of White river. He hoped the vote would be reconsidered to admit of an amendment taking his county back into its former judicial connections.
Mr. WHITE withdrew his motion to reconsider, and the question recurred on the passage of the bill.
Mr. PEELLE urged speedy action to save Hancock county from being left out in the cold.
page: 213[View Page 213]Mr. STAFFORD showed the remedy for that.
Mr. WILSON submitted the consideration, that twenty circuits and twenty Judges were too many; and the passage of the bill was urged with a zeal that made him hesitate.
Mr. WOODS moved to recommit the bill,with instructions to place Sullivan back into to the 20th Circuit.
Mr. MILLER moved ineffectually to lay Mr. Woods' motion on the table - yeas 39, nays 43.
Mr. Woods' motion was agreed to.
Mr. PRATHER proposed to instruct the committee further to amend by transferring Jennings county from the 17th to the 1st Circuit.
The amendment was rejected.
Mr. WHITE moved further to instruct the Committee to amend by striking Hancock out of the 17th Circuit, and adding it tn the Marion Circuit.
Mr. NEWCOMB said the Circuit in which Hancock was situated had but four counties - a small Circuit.
Mr. White's amendment was rejected.
CRIMINAL COURT PROSECUTOR.
On the motion of Mr. HUGHES, the House returned to Mr. Hamilton's Attorney Salary bill [H. R. 77] for the 16th Judicial Circuit, the question being on Mr. Newcomb's motion for unanimous consent to insert these words: "in the discretion of the proper Board of County Commissioners."
Mr. HUGHES proposed to substitute these words for those proposed by Mr. Newcomb: "Provided the County Commissioners of the proper county shall, by a general order entered of record, assent to the same, and said order shall be irrevocable by the same or any subsequent Board of Commissioners."
After debate by Mr. NEWCOMB and Mr. HUGHES -
Mr. NEWCOMB withdrew his amendment, and objected to the amendment by Mr. Hughes; the rules of the House requiring unanimous consent to amend a bill on the final reading.
The bill was then passed the House of Representatives - yeas 62, nays 16 - with an amendment of title, viz: "An Act to increase the salary of prosecuting attorneys in the criminal courts, and providing for payment of the same out of the county treasuries."
OLD SOLDIERS.
Mr. McFadin's old soldiers pension joint resolution [H. R. No. 11,] coming up oh the final reading, it was passed the House of Representatives - yeas 72, nays 0.
STATE LIBRARIAN.
Mr MORRISON moved that the vote yesterday by which the amendment of the House to the Senate bill No. 5, increasing the salary of the State Librarian to $1,500, was laid on the table, be reconsidered.
Mr. PEELLE rehearsed the effect of the motion, which was to increase the salary of the Librarian. He said if the services of the Librarian were not worth $1,500, they were not worth anything.
Mr. McFADIN opposed the motion with considerations of tendencies to extravagances in this direction Other good men would take the office at $1,200, or even $800, a year, as heretofore. He intimated collusions between the Librarian and booksellers in regard to the price of pens. There was something rotten in this Denmark.
Mr. PEELLE said if there was anything in the intimations of colluions between the Librarian and Merrill & Co., it had never been charged openly, and the entire blame, if there is any connected with the orders on the book stores, was against the House of Representatives, and not against the Librarian
.Mr. VAWTER explained the discrepancy between the price of gold pens to the trade and to others. He bought a pen at Merrill's for $8 50; other gentlemen had paid $10.
After further debate by Mr. GREEN, Mr. KISER, and others -
Mr. HARTMAN demanded the previous question, and under its force -
The House refused to reconsider the vote of yesterday - affirmative 27, negative not reported.
THE CALENDAR-FIRE LIMITS.
Mr. Shuey's fire limits bill [H. R. 96] coming upon the third reading -
Mr. SHUEY explained its objects and provisions. It requires a petition by two thirds residing within the business portion of the town, etc.
The bill failed for want of a constitutional majority - yeas 40, nays 24.
The House then adjourned.
