HOUSE OF REPRESENTATIVES.
MONDAY, February 25, 1867.The House met at 2 o'clock P. M.
On motion of Mr. MILLER, the reading of the journal of Friday was dispensed, with.
PETITIONS AND MEMORIALS.
Messrs. Crain, Miller, Wilson, Wright, Geisendof, Thrasher, Gregg, Gordon, Shoaff, Matthis, Barrit, Thacher, Crowe, Shook, Skidmore, Smith of Lagrange, Blanch, Hays, Shanks, Shuey, McFadin, Belford, Mason, Hughes, Honneus, Dunn, Vawter, Irwin, Black, severally presented petitions for prohibition of the liquor traffic, which (generally) without reading, were referred to the Committee on Temperance.
Mr. GREEN presented a memorial with reference to the Morgan raid, which was referred to the Committee on Claims.
Mr. WOLFE presented the memorial of Sarah Paxton on the subject of temperance, which was read and referred to the Committee on Temperance.
page: 313[View Page 313]ABSENCE.
Messrs. Smith of Wabash, and Daggy, obtained leave of absence till to-morrow, and Mr. Baker till Saturday, on account of sick-ness.
REPORTS FROM COMMITTEES.
Mr. BRUCKER, from a majority of the Committee on the State Prison South, to whom was referred so much of the Governor's message as relates to the State prisons, the duty of examining the reports of the Directors of the State Prison South for the past two years, and the duty of visiting that prison, etc., reported as to the number of convicts received for each of the past two years, etc. They report the present number of convicts 401; increase, 104 during the past two years. They report also against the proposed extension of the prison, since Marion county is attached to the northern district. They commend the discipline of the prison, but disapprove of raising the wages of the guards. They recommend the leasing of the prison as the only effectual remedy for existing financial evils, they report deficiencies for the past two years; including present indebtedness to be $21,305 05, and they recommend an appropriation to pay the same. And if the present system of management be continued the Committee recommend an appropriation of $12,000 for the expenses of the prison for 1857 and the same amount for the year ending December 15, 1868.
Mr. THRASHER submitted a minority report, dissenting only from that of the majority as to the recommendation of the lease system, denouncing it as a relic of barbarism and unworthy the representatives of a civilized community; and submitting considerations going to show that the prisons can be so managed by the State as to be self sustaining.
The minority report is signed by MOSES F.DUNN and W. W. THRASHER.
On motion by Mr. BELFORD and Mr. RATLIFF, these reports were laid on the table and three hundred copies thereof were ordered to be printed.
Mr. FERRIS, from the Committee on Claims, recommended the allowance of the claim of Hume & Adams for $27 77. It was referred to the Committee on Ways and Means.
Mr. LOPP, from the Claims Committee, reported against any allowance to William D. Matthews, of Illinois, for services in the arresting of a fugitive from justice.
The report was concurred in.
Mr. STAFFORD, from the Claims Committee, reported against the allowance of the claim of W. T. Graham for $2,783 29. The report was concurred in.
Mr. BLANCH, from the Claims Committee, returned the claim of Dr. J. H. Wright, for $500, to meet the expenses incident upon the arrest of the criminal, recommending its reference to the Committee, on Ways and Means without the expression of any opinion as to its merits. The report was concurred in.
Mr. SHIELDS obtained leave to present a claim, which was referred without reading.
Mr. SCAMMAHORN, from the Committee on Rights and Privileges, returned the bill No. 320, recommending its passage.
Mr. BELFORD, from the Committee on Railroads, returned the Lateral Railroads bill, recommending its passage.
Mr. THRASHER, from the Committee on Roads, returned Mr. Hamilton's bill [H. R. 302] to amend an act providing for the opening, vacating and change of highways, and to increase the fees of viewers and reviewers, recommending its indefinite postponement.
Mr. HAMILTON explained the provisions of the bill. It gives to the viewers the same discretion that the reviewers have under the law now; and it proposes to give them $2 a day instead of $1. He hoped the report of the Committee would not be concurred in.
Mr. THRASHER stated that the reason for the report is that the bill gives too much discretion to the viewers. ''They may meet on that or any other day."
The report was concurred in.
Mr. BRUCKER, from the Committee on Corporations, returned his bill [H. R. 312] to authorize the Trustees of any incorporated town to lease wharves within the limits of said town, recommending its passage.
He also returned Mr. Campbell's live stock insurance company bill [H. R. 313 see page 253 of these Reports] recommending its passage.
Mr. BOBO, from the Committee on Corporations, returned Mr. Spencer's town surveys bill [H. R. 241] recommending its passage.
Mr. BOBO also returned Mr. Peelle's joint stock companies bill [H. R. 116] with an amendment, recommending its passage.
Mr. WOODS, (by leave) from the Committee on Swamp Lands, returned Mr. Smith of Lagrange's bill [H. R. 163] authorizing the County Commissioners to establish water courses and locate ditches, repealing, &c., recommending that it be laid on the table, and stating that the objects of the bill are embraced in another bill which has already passed the House.
The report was concurred in.
Mr. McLEAN, by leave, from the Committee on Education, reported the result of their deliberations on the subject of square page: 314[View Page 314] No. 25, in the city of Indianapolis, commonly called "University Square," reporting a bill in lieu of the House bill on that subject to them referred, recommending its passage.
Mr. FULLER, from the select committee thereon, returned the resolution of the House with reference to Sheriffs' mileage, and reported a bill [H. R. 324] for an act to regulate the mileage of Sheriffs convey ing convicts to the State prisons, and. repealing all laws, in conflict therewith. [It gives the distance from each county in the State to the State prison in its respective district. It was passed to the second reading.
RAILROAD TARIFF
Mr. ONEIL submitted the following:
Resolved, That the Committee on Railroads be requested to furnish the House with a complete report of their action on the subject of equalizing the tariff on freights by railroads.
Mr. CRAIN said that the Committee on Railroads had reported back and recommended the passage of Mr. Wood's bill covering the whole ground.
Mr. O'NEIL then withdrew the resolution.
On motion by Mr. SPENCER, Mr. Wood's railroad freight bill [H. R. 19] was taken up and made the special order for to-morrow, at 11 o'clock.
THE DIVORCE LAW.
Mr. SMITH, of Lagrange, introduced a bill [H. R. 325] for an act concerning divorces, and repealing all laws inconsistent therewith. It was referred to the Committee on Rights and Privileges.
CONCERNING INSANE PERSONS.
Mr. O'NEIL introduced a bill [H. R. 326] for an act to amend sections 2, 3 and 4 of an act defining who are persons of unsound mind, appointing guardians for such persons. &c., and providing for their restraint when necessary.
RAIROAD POLICE.
Mr. HONNEUS introduced a bill [H. R. 327] for an act to promote the security of persons and property passing over railroads, by compelling railroads to fence and erect signal boards [within six months after the passage of this act] It was passed to the second reading.
STREET RAIL ROADS.
Mr. NEWCOMB called up the special order, viz: the consideration of his street railroad preferred stock bill [H. R. 142.] [such road may issue preferred stocknot exceeding in amount one-half its original stock.]
The bill was finally passed in the House of Representatives by yeas 78, nays 2.
DANIEL HARRISON.
A message was received from the Governor, announcing his signature and approval of sundry bills, and the appointment of Major General John L. Mansfield Agent and Commissioner of the State to the Governor of the State of Mississippi; in the matter of the arrest and detention of Daniel Harrison, a citizen of Pike county.
NIGHT SESSIONS.
Mr. SHOCK submitted a preamble and resolutions for an order for night sessions every Tuesday, Thursday and Friday night till the close of the session.
It was adopted on a division - affirmative 42, negative not reported.
INVESTIGATION FOR CORRUPTION.
Mr. DUNN submitted the following:
WHEREAS; Certain reports are now current charging parties with using corrupt means for the purpose of legislative preferment; therefore -
Be it resolved, That a special Committ five be appointed to investigate said charges, and that they have power to send for persons and papers; and, if necessary, have leave of absence for the present week.
He said he was satisfied with reference to the matter of this resolution; first, that there is money in the lobbies of this House to be had if it will influence legislation; and secondly, that if there is any member of the House low enough, and corrupt enough to receive it, it had been used.
Mr. LITSON said as for himself he was nearly broke, and he would be obliged to the gentleman from Lawrence if he would refer him to the person who has got that money.
Mr. HUGHES referred to the rule which governs his vote in all cases of this kind; it is to institute no investigation unless there is a specific charge by a respectable accuser. It was for this reason that he opposed a resolution, early in the session, to inquire, as to what had been said by a Cincinnati correspondent, and the resolution resulted as the House remembers the correspondent testifying that he was not talking about the House, but the Senate, &c. With regard to this resolution, if any member will make a specific charge against any other member or person he would cheerfully go for investigation of the matter, but he would not vote to raise a Committee to inquire after rumors and vague charges against members of this House, He presumed that the House has character enough and that each individual member stands secure enough in his own integrity not to be afraid to vote down this resolution, unless there are specific charges to be investigated. The gentleman says he is cognizant of the fact that money is here and ready to be used. So far, so good. But he does not say or intimate that any member of this House has been bribed. If the House pass a resolution of this sort it will be impossi- page: 315[View Page 315] ble to catch the floating rumor in the short time that remains , and the Legislature will adjourn and the matter blow over without any result.
Mr. WOODS said, The language of the resolution amounts to this, that parties who may have a bill before the House, or some private interest, are seeking to obtain legislative preferment by the corrupt use of money. If the gentleman from Monroe wants a responsible person to make the charge, the gentleman from Lawrence says he knows such persons are here. Now if there are members here with private measures, trying to get them through by means of money, the House ought to know who they are, and who are making these improper applications.
Mr. HUGHES still insisted that the charge was not sufficiently explicit, and called for the reading of the resolution. It charges no man, and connects itself with no measure before the body, but only that certain reports charge certain parties with using corrupt means for the purpose of legislative preferment. If anybody has been guilty of corruption it ought to be investigated, but it is - beneath the dignity of the House to look after general charges of this character. But if there is anything behind the terms of the resolution, and if the gentleman from Elkhart or the gentleman from Lawrence know anything about it - as perhaps they do - let them out with it.
Mr. McFADIN had thought that there was something wrong here with regard to the preference given to the consideration of bills. He referred to the action of the House upon his surveyors bill introduced last Friday, and presumed to say there has not been a more important bill introduced this season, and the gentleman from Marion [Mr. Newcomb] gets up and moves that it be rejected. It was of no avail for him to 'make an explanation of the bill, and the gentleman from Marion was sustained by the House - the gentleman insisting upon proceeding in the regular order of business, taking good care however for the consideration of his own bills. He hoped the gentleman had become ashamed of his course. But now he would like to have this investigation. He would like to see how it is that so many bills are called up out of order and advanced in the calendar.
Mr. NEWCOMB replied. The gentleman is mistaken when he thinks he has repented of the motion to reject his surveyors' bill, As to the resolution he agreed with the gentleman from Monroe, [Mr. Hughes.]
Mr. HUGHES proposed to amend by adding the following:
"Provided, That specific charges in writing shall be preferred, naming the person or persons accused,, and the particulars of the charge, and shall be signed and sworn to by a responsible party, before any evidence shall be heard by said committee; and the party charged shall have due notice, and a fair hearing before said committee."
On motion of Mr. VAWTER, the amendment was laid on the table on a division - affirmative 40, negative 32.
Mr. McLEAN moved to lay the resolution on the table.
Mr. O'NEIL demanded the yeas and nays, and they were ordered.
The motion was rejected - yeas 16, nays 68, and the question recurred on the adoption of the resolution.
Mr. HUGHES proposed to amend by adding these words: "and that said commitee shall be required to report within eight days."
Mr. DUNN accepted the amendment.
Mr. HUGHES. If we are to pass this resolution, he hoped that the committee would be reuired to report in time for the House to hear and pass upon the matter. And the record would have been in better shape if his first amendment had been adopted. He warmly deprecated any investigations of this kind in secret, unless the accuser shows his face, and the accused may cross-examine. The resolution was a violation of the fundamental principles of trials.
Mr. MILLER proposed to amend the resoltuion by adding a clause providing that there shall not be any evidence heard by said committee until they have summoned before them the party charged, and given him an opportunity to cross-examine witnesses. He thought certainly that no man with any respect for his own character would vote against that restriction. If that is added, he would support the resolution; but without it, he would not.
Mr. WOODS proposed to amend by inserting appropriately these words: "Provided, that specific charges shall be made against persons named, and the committee shall not have leave of absence till such charges shall be submitted."
Mr. MILLER accepted the amendment to the amendment.
Mr. WRIGHT had never known an investigation committee to amount to anything.
Mr. MILLER undertook himself at one time, and offered a resolution, to investigate the sinking fund, and he has found out since that it cost the State about $3,000.
Mr. STEWART said he was not a lawyer, but he would venture to use a maxim of the law, which was to this effect: That the fama clamosa - public fame - is sufficient in the way of an accusation to put any deliberative body upon its defense. He thought he was correct in that position, notwithstanding the opinion of legal gen- page: 316[View Page 316] tlemen that there must be specific charges first before an investigation should be ordered.
Mr. WOLFE considered it the duty of the House to meet these rumors, and if there be any guilty person about this hall, let the country know it.
The amendment was adopted.
Mr. DUNN said he did not know whether the intimation about a responsible accuser was thrown against the author of the resolution or not, but if it was thrown out against his character, he would pass it by with the same contempt that the gentleman would have the House pass over the resolution. But he would say the more gentlemen evince their opposition to the resolution, the more earnestly he intended to press it. He could not consider it beneath the honor and dignity of the General Assembly to investigate reports concerning acts of corruption that strike at the very corner stone of legislation itself. It had been said that he made no specific charges. It was true he had not. He was not such a fool as to put charges into a resolution which he might not be able to prove. He said he was satisfied of the fact of corrupt action, but he might not be able to convince the minds of others. And he would be unwilling, after hearing, as he had done, of rumors of corruption, to go back to his constituents, and tell them that he had not moral courage enough to offer a resolution for investigation. He was not willing to impugn any member, but he knew the influences of corruption existed - that there was money here to buy members if they would accept it.
Mr. HUGHES did not suppose there was a member in the House that had drawn the same inference from his remarks as to a responsible accuser, which had been understood by the gentleman from Lawrence [Mr. Dunn.] He had endeavored to express his ideas and make them understood, but there seems to be even, a disposition to misapprehend him. Whenever the gentleman from Lawrence makes a charge certainly it will be made by a responsible party. But he has made one yet. He had never said that a statement made by a member of the House is not sufficient to authorize the passage of this resolution. But he had asked the House to require this: that the charges be specifically made out, and then that the accused shall have notice of the trial before the Committee proceed to the examination of witnesses. And if the Committee do not do that he could not see how they are to proceed unless they go into a secret scandal meeting. The specific charges should be first before the Committee, and the party accused should be present. But now the two amendments pending embraces about all that was in his amendment, except that it left out the swearing of the accusers. But if there are lobby agents here proposing to control legislation, that was nothing new. We need not propose, in the two weeks that remain to us here, to reform the morals of the age. He was always willing to allow anything he might say here in the House to be passed by with contempt, &c., but he insisted that nothing could come from this resolution; still if it was to be passed, he hoped that by amendment it would be put into some proper shape.
Mr. WOODS was willing to the modification suggested; but it was now in the hands of the House.
The SPEAKER. The amendments are adopted.
The resolution was then adopted - yeas 73, nays 4.
THE CALENDAR.
The registry bill [S. No. 2] coming up -
On motion of Mr. HIGGINS, the rule of the House and constitutional restriction, requiring a bill to be read on three several days, was dispensed with - yeas 59, nays 12.
The bill was read twice by title.
On motion by Mr. MILLER, in connection with his registry bill No. 25, it was referred to the Committee on the Judiciary.
ADJUTANT GENERAL'S REPORT.
The concurrent resolution of the Senate for furnishing the employes of the General Assembly who have served in the late war each with a copy of the Adjutant General's report, coming up -
Mr. HUGHES moved that it be indefinitely postponed.
Mr. LITSON opposed postponement. These copies of the Adjutant General's report, now idle on the shelves of the library, were coveted and deserved by all those who made this report - were themselves the report itself.
Mr. MILLER and Mr. STACKHOUSE were in favor of the passage of the resolution.
Mr. Hughes' motion was rejected.
And then the resolution was concurred in.
The SPEAKER laid before the House the Governor's message relative to the State militia. [See Senate reports of Saturday.]
On motion of Mr. NEWCOMB, it was referred to the Committee on Military Affairs.
ADJUTANT GENERAL'S REPORT.
Subsequently, on the motion of Mr. HIGGINS, this vote was reconsidered, for amendment of the resolution.
Mr. HUGHES said he was not going to page: 317[View Page 317] vote any more waste of the public money. We have had enough of the Adjutant General's Report. It had cost this State about eighty thousand dollars. As for what there was of that Report on hand, it might go to the employees, or the soldiers, or wheresoever it was desired.
Mr. LITSON said there was not a soldier in the State, who was not a deserter, but what is proud of that Report.
Mr. STEWART suggested that all the copies of the report were not in the Library. All were not printed. He suggested that the amendment should contemplate the distribution only of such copies as have been ordered to be placed in the Library.
Mr. HIGGINS modified his amendment accordingly.
The amendment was then adopted; and then -
The resolution was, thus amended, again adopted by - yeas 66, nays 10.
THE CALENDAR.
The Road Assessment bill [S. 54] coming up, it was passed the first reading.
Mr. VAWTER moved that it be referred to the Judiciary Committee.
It was so ordered.
The High School incorporation amendment bill [S. 143] coming up -
On motion of Mr. SMITH, of Lagrange, it was referred to the Committee on Education.
The Guardian and Ward amendment bill [S. 151] was passed to the second reading.
The 22d Common Pleas district bill [S. 206] coming up, it was passed to the second reading.
On motion of Mr. GRIGGS, the change of venue amendment bill [S. 13] coming up, it was referred to the committee on the Judiciary.
The Criminal court Proesecutor's salary bill [S. 76] coming up, it was passed to the second reading.
The High School act supplemental bil [S. 86] coming up, it was referred to the Judiciary Committee.
The Steam Packet Company bill [S. 89] coming up, it was read and referred to the Committee on Corporations.
The Governor inability bill [S. 164] coming up, it was referred to the Committee on the Judiciary.
The manufacturing and mining supplemental bill [S. 191](forfeitures not to take place for anything done prior to February 1867) coming up, it was read the first time and referred to the Committee on Corporations.
The City School Buildings Bonds bill [S. 214] coming up, it was read the first time.
Mr. WOODS stated that its point was to allow 10 per cent, interest on the bonds. He thought it had better be passed early, as relieving an existing case in Kendallville.
It was referred to the Committee on Education. The Electric Telegraph Company bill [S. 79] coming up, it was read the first time, and referred to the Committee on Railroads.
The Masonic Buildings bill [S. 175] coming up, it was read the first time, and referred to the Committee on the Judiciary.
The Slack-water Navigotion Company bill [S. 75] coming up, it was read the first time, and passed to the second reading.
The Foreign Fugitive bill [S. 212] coming up, it was read the first time and ordered to the second reading.
The Abandoned Railroads bill [S. 125] coming up, it was read the first time and referred to the Judiciary Committee.
The Towns Roads and Slackwater Subscription bill [S. 41] coming up, it was read the first time and referred to the Judiciary Committee.
The Legalizing County Bonds bill [S. 152] coming up, it was read the first time and referred to the Committee on the Judiciary.
The Township, Town and City School Tax bill [S. 111] coming up, it was read the first time and referred to the Committee on Education.
The Road Tax Amendment bill [S. 38] coming up, it was read and referred to the Committee on Roads.
The habeas corpus amendment bill [S. 96] coming up, it was read and referred to the Committee on the Judiciary.
The insurance fraud bill [S. 103] coming up, it was read and referred to the Judiciary Committee.
The street railroad stockholders liability bill [S. 117] coming up, it was read and referred to the Committee on Corporations.
The Common Pleas Clerks' fee bill [S. 118] coming up, it was passed to the second reading.
The drunkard's custody bill [S. 8] coming up on the second reading, - with the recommendation of the Judiciary Committee, it was ordered to the third reading.
The 13th judicial circuit bill [S. 40] coming up with the Judiciary Committe's amendment (writs now issued made returnable, &c.,) the amendment was adopted, and ordered to be engrossed; and the bill, as amended, was passed to the third reading. -
The sinking fund custody bill [S. 102 - see page 105 of these Reports] coming up on the second reading -
Mr. SHUEY, from the committee reporting on the bill, submitted amendments, viz: Strike out the words "$5,000" in the 3d section, and insert "$3,500" in lieu, as compensation of the State Auditor. He also page: 318[View Page 318] submitted three other amendments from the committee.
Mr. SHUEY proposed to amend the committee amendment by striking out the words "3,500" and inserting "$1,000" in lieu.
The committee's amendment, inserting $3,500 instead of $5,000, auditor's compensation, was rejected; and the question recurred on Mr. Shuey's amendment, making it $1,000.
Mr. NEWCOMB submitted considerations which governed the Committee on the Sinking Fund as to this compensation. The bill makes the State Auditor the custodian of this fund - nearly $1,000,000. The work involved would require the employment of a competent clerk; and the Auditor ought not to be required to take this responsibility and its incidental items of expense on his hands for nothing. When he had concluded -
The House adjourned.
