HOUSE OF REPRESENTATIVES.
TUESDAY, March 5, 1867.The House met a 9 o'clock A. M.
On motion of Mr. SHUEY, the reading of the journal of yesterday was dispensed with, excepting that portion which relates to the registry law bill.
Mr. Stafford, Mr. Stewart, Mr. Gordon and Mr. McLean obtained leave to record their votes in the affirmative, and Mr. Bobo and Mr. Williams in the negative.
Mr. White, Mr. Thacher, Mr. Montgomery, Mr. Vawter, and Mr. Long of Jackson voted "no" on the passage of the negro school bill yesterday; and Mr. Martin and Mr. Litson voted "aye."
PETITIONS.
Mr. BLANCH and Mr. MASON presented petitions for a prohibitory liquor law, which, without reading, were referred to the Committee on Temperance.
REPORTS FROM COMMITTEES.
Mr. MORRISON, from the Committee on Ways and Means, returned the Montgomery county relief bill[S. 235see p. 375] recommending its passage.
Mr. NEWCOMB, from the Committee on Ways and Means, returned the tax appraisers $3 a day bill [S. 165 - see paee 190] with an amendment recommending its passage.
Mr. NEWCOMB, from the same Committee, reported the general appropriation bill, hereinafter described.
Mr. WRIGHT, from the Committee on Claims, returned the bill [No. 344] providing for land sale in Jasper and Newton counties, and for relief of John P. Dunn, with amendment, recommending its passage.
Mr. FERRIS, from the Committe on Claims, reported against the allowance of the claim of Tell City Company. It was concurred in.
Mr. CROWE,from the Claims Committee, reported in favor of the allowance of Patrick Brannon for work.
Mr. MILLER,from the Committee on the Sinking Fund, returned the bill [S. 162see page 189], recommending its passage.
Mr. CRAIN, from the Committee on Railroads, returned the resolution of inquiry into certain violations of the charters by the Ohio & Mississippi and the Terre Haute railroads, with the Statement that there is not time for the inquiry this session. It would involve complicated questions requiring much time. They therefore recommend the adoption of concurrent resolutions appointing a joint committee to consist of one on the part of the Senate and two on the part of the House of Representatives to inquire whether the railroads have paid what their charters require to be paid in the common school fund; to have power to examine witnesses, compel settlements and make collections of money, &c., and report to the Governor who shall lay their report before the next General Assembly: -and allowing said committeemen five dollars a day and reasonable traveling expenses.
Mr. CRAIN said: It is impossible for any standing committee of the General Assembly to do justice to this subject during one session. This proposition was to see that justice,is done to the railroads and the people. Ohio had already saved millions by such a committee.
The SPEAKER. There is nothing before the House.
Mr. DAGGY, from the Committee on Temperance, returned sundry temperance bills of the House numbered 73,74, &c., reporting that a substitute for all said bills is now pending, and therefore the committee recommend that they be laid on the table.
The report was concurred in.
Mr. CRAIN, from the Committee on Employees, reported in favor of allowing pay to John P. Lancaster and George A. Moore for six days as assistant journal clerks in the organization of the House of Representatives for the present session.
GENERAL APPROPRIATIONS.
Mr. NEWCOMB (for the Committee on Ways and Means) introduced a bill [H. R. 348] for an act making general appropriations for the years 1867 and 1868, defining the salaries and official tenure of certain officers, repealing certain laws therein named, and declaring an emergency.
On the motion of Mr. NEWCOMB, the rule of the House and constitutional restriction were suspended - 70 to 2 - and the bill was read twice by title and once by sections.
Mr. SPENCER moved in the 3d section to reduce the salary of the Clerk of the Superintendent of Public Instruction from $100 to $500.
It was adopted - affirmative 46, negative 21.
Mr. MILLER moved in the 4th section to reduce the appropriation to the Northern Prison from $12,000 to $10,000.
After debate by Messrs. HIGGINS, MILLER, NEWCOMB, BOSS, VAWTER and others -
The amendment was rejected on a division - 34 to 40.
Mr. MILLER moved ineffectually, in section 9, to reduce the appropriation for the current expenses of the State Prison south from $12,000 to $10,000.
Mr. BAKER moved in the 20th section to reduce the appropriation for the Blind Institution from $25,000 to $20,000.
Mr. STEWART opposed the motion, stating the perfect knowledge of the Committee that this institution can not be run with $20,000.
The amendment was rejected.
Mr. MILLER moved in the 31st section to reduce the appropriation for the expenses of the Lunatic Asylum to $50,000, leaving out all appropriations for furnishing, &c.; demanding the previous question. page: 393[View Page 393] Mr. NEWCOMB explained against the motion and supporting the action of the Committee.
The amendment was rejected - yeas 39, nays 48.
Mr. CRAIN desired a statement that might justify the appropriation of $60,000 for this year and $40,000 for next year, for the north wing of the Lunatic Asylum. Last year the appropriation of $35,000 was all-sunk in a foundation.
Mr. NEWCOMB explained. There was but $13,000 of the last year's appropriation used in the foundation.
Mr. PRATHER indicated a motion to strike out all that relates to the north wing.
Mr. KIZER charged that the committee were bought up with a dinner. [Laughter.]
Mr. GREEN moved to amend in the 23d section for appropriation for military services of the Indiana Legion, by inserting that all claims for the services contemplated shall be filed in three months after the passage of this act, and called upon the committee to accept it.
Mr. NEWCOMB explained that the case is provided for.
Mr. Green's amendment was rejected.
Mr. NEWCOMB proposed to amend the section to this effect:
It is hereby made the duty of the Paymaster after due notice to the parties, to attend at the times appointed by the Commandant in the river counties - to pay the claims of such parties is shall present them in person, &c.
Mr. NEWCOMB, in reply to Mr. McFadin said the principal extras in the bill were for the construction of the Northern Prison and the Lunatic Asylum. He had been told that it foots up a little over $9,000. It would be a little less, he thought, than at the last regular session
The SPEAKER stated the appropriations claimed for the Adjutant General's office involved an error, by which the appropriation of the first session was printed along with that of the second session.
Mr. NEWCOMB and others explained.
Mr. THACHER proposed to make the salary of the clerk of the Superintendent of Public Instruction $500 for 1868same as amended for 1867.
It was adopted.
Mr. HUGHES submitted an additional selection, appropriating $16,000 for the extinguishment of the debt due by the State University, etc, to the linking fund on account of rebuilding the State University.
Mr. HUGHES made a statement of figures showing the debt ($16,000) due from State University and individuals to the sinking fund.
The amendment was adopted.
Mr. STAFFORD moved to reconsider the vote reducing the salary of the Clerk of the Superintendent of Public Instruction.
Mr. VAN VALKENBURG moved ineffectually to lay the motion to reconsider on the table.
The motion to reconsider was agreed to, and then the amendment reducing said salary to $500 was rejected.
Mr. NEWCOMB explained why the bill does not include the interest on the public debt. It awaited legislation on the sinking fund. On his motion the bill was ordered to the engrossment.
THE CALENDAR - SINKING FUND.
The bill [S. 227] to consolidate certain bonds, stocks, and accounts of the school fund into one non-negotiable bond, &c. - giving effect to the law of 1865 - so that hereafter the income of that non-negotiable bond(the amount of the bond is $2,658,050.30) shall be used for the common schools - coming up -
Mr. NEWCOMB moved two amendments.
1. To correct a historical misapprehension:
2. Insert after the word "act," in line 22 of section one, these words: "of December 20th, 1865." And add these words:
Amend by striking out the following words from the preamble, commencing with the word "and" in tne eighth line: "And whereas, on the 30 h day of September, 1859, the said State was indebted for money borrowed by an officers of the Sinking Fund, to pay upon the State debt," and insert in lieu thereof the following: "And whereas, in conformity with the act of the General Assembly, approved December 23, 1858, entitled 'An Act to secure to the Sinking Fund a debt which the State owes to the said Fund, and to provide for the payment of interest on said debt,' a non-negotiable bond was issued to said Sinking Fund for"
Provided, That if said now negotiable bond shall be executed before the adjournment of the present session of this General Assembly, said other bonds and stocks shall be destroyed in the presence of the Committee on Ways and Means of the House of Representatives and the Committee on Finance in the Senate; otherwise in the presence of the Chairman of each of said Committees, after the adjournment of the present session ot this General Assembly.
The amendments were adopted.
Mr. NEWCOMB moved, ineffectually, that the rule of the House and the constitutional restriction be dispensed with to admit of the final passage of this bill to-day - the vote resulting - 55 to 28 - less than two-thirds. He then desired the House and the country to take notice, that on a motion to expedite business on this public bill, every Democrat in the House opposed it.
Mr. WOODS moved to reconsider the vote of yesterday by which the registry bill [S. No. 2] was finally passed the House.
The motion was agreed to.
He then moved to reconsider the vote by which section 11, concerning the registration of foreign born citizens was adopted.
page: 394[View Page 394]Mr. HUGHES moved ineffectually to lay the motion on the table.
The vote was then reconsidered, and the question recurred on the adoption of the section 11.
Mr. WOODS then moved to lay that section on the table.
Mr. BAKER demanded the yeas and nays - which he subsequently proposed ineffectually to withdraw.
The section was laid on the table - yeas 83, nays 3 - as follows:
YEAS - Messrs. Baker, Belford,Bischof, Black, Bobo, Brucker, Campbell, Carter, Chambers, Cory, Crowe, Daggy, Danaldson, Dunn, Edmonson, Erwin, Evans, Ferris, Foulke, Funk, Fuller, Geisendorff, Green, Greer, Griggs, Higgins, Hopkins, Honneus, Hostetter, Hudson, Hughes, Hungate, Inman, Litson, Long of Jackson, Long of Kosciusko, Lopp, Martin, Mason, McCarthy, McClasky, McFadin, McLean, McMurray, Miller, Moore, Montgomery, Newcomb, North, Peelle, Prather, Ratliff. Ross, Rosser, Sabin, Shanks, Shields, Shook, Shoaff, Shull, Shuey, Skidmore, Smith of Lagrange, Smith of Wabash,Stackhouse, Stafford, Stewart, Tebbs, Thatcher,Thrasher, Thomas, Van Valkenburgh, Vawter, Wason, Watson, Williams, Wilson, White, Wolfe, Wolfer, Wolflin, Woods, and Mr. Speaker - 83.
NAYS - Messrs. Gordon, Riser, and Spencer.
The SPEAKER. The question recurs on the passage of the bill.
Mr. McLEAN demanded the previous question, and then, under stress thereof, the bill was again passed the House of Representatives - yeas 82, nays 5 - as follows:
YEAS - Messrs. Baker, Belford,Bischof, Black, Bobo, Brucker, Campbell, Chambers, Cory, Crain,Crowe, Daggy, Danaldson. Dunn,Edmonson, Erwin, Evans, Ferris, Foulke, Funk, Fuller, Geisendorff, Gordon, Green, Greer, Griggs, Hamilton, Higgins, Hopkins, Honneus, Hostetter, Hungrate, Inman, Litson, Long of Jackson, Long of Kosciusko, Lopp, Martin, Mason, Matthis, McCarthy, McClasky, McFadin, McLean, McMurray, Miller, Moore, Montgomery, Newcomb, North, Peelle, Prather, Ratliff, Ross, Rosser, Sabin, Shanks, Shields, Shook, Shoaff, Shuey, Skidmore, Smith of Lagrange, Smith of Wabash, Spencer, Stackhouse, Stafford, Stewart, Tebbs,Thatcher, Thrasher, Thomas, Vawter, Wason, Watson, Williams, White, Wolfe, Wolfer, Wolflin, Woods, and Mr. Speaker - 82.
NAYS - Messrs.Carter, Hudson, Hughes, Kizer, and Shull - 5.
Mr. HUGHES renewed Mr. Newcomb's motion to suspend the constitutional restriction so as to admit the final reading to-day of the sinking fund bill [S. 227.]
The motion was agreed to, yeas 60, nays 25:
The bill was then read the third time, and finally passed the House of Representatives - yeas 77, nays 7.
SETTLEMENT WITH THE U. S. GOVERNMENT.
On motion of Mr. PEELLE, Mr. Speaker Branham's Internal Improvement and U. S. settlement bill [H. R. 342] was taken up and read the second time.
Mr. PEELLE proposed to amend section 5, by making the pay of the three Commissioners each $6 per day; and by inserting appropriately these words: "and all necessary and proper expenses in and about such adjustment of said claims, and the redemption of said bond."
Mr. HUGHES demanded the previous question, under which the amendments were adopted.
Mr. PRATHER proposed to amend the 2d section by striking out all after the word "aforesaid," in line six.
Mr. HUGHES moved to lay the amendment on the table.
Here the House took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. MASON (by leave) introduced a joint resolution [H. R. No. 26] in regard to the use of canal embankments for railroad purposes. [It saves the faith of the State to the canal bondholders,] which was passed the first reading.
Mr. THACHER submitted the following:
Resolved, That the Judiciary Committee be instructed to report the House bill 341, taxing banks and banking association, as soon as convenient.
It was adopted.
Mr. GREEN submitted a resolution tendering the use of the Hall to Mr. Kizer for a public lecture to-morrow (Wednesday) night.
Mr. PEELLE proposed to insert "if tne House is not in session."
It was rejected on a division - 25 to 30
Mr. FOULKE moved, ineffectually, to If the resolution on the table.
Mr. PEELLE denounced the resolution asan absurdity, demanding the yeas and nays.
The resolution was rejected32 to 41.
SETTLEMENT WITH THE GENERAL GOVERNMENT.
The SPEAKER said the House will now return to the consideration of the bill No. 342 - the question being on Mr. Hughes' motion to lay Mr. Prather's amendment on the table.
Mr. HUGHES withdrew his motion lay on the table.
Mr. BRANHAM (Mr. Shuey in the chair) rehearsed his remarks of last Saturday - the General Government's retaining the interest on the bonds she held from the three per cent, land sales fund. He said the amendment of Mr. Prather was intended to pay the bonds held by the General Government, but none outside of those. He showed the injustice of the amendment. He showed where and by whom these outside bonds are held, amounting to about $70,000. He supposed that the gentleman knew canal purchasers have an action against the State, to result in a judgment that will page: 395[View Page 395] sweep the canal from its owners before the State can pay these bonds. He showed, that the General Government could compel the proposed settlement, and probably would. It was not entirely optional with us whether we make this settlement or not. So far as he is informed, nineteen-twentieths of these bonds (5's and 6's) were in, the hands of original purchasers, who have paid par for them. It was a matter which he had been pursuing for several years; and it was unquestionably of sufficient importance to command the attention of the House- He rehearsed his own action in the matter since 1861, and the recommendation of the Governor, &c. When he had concluded, he moved that the farther consideration of the subject be postponed and made the special order for to-morrow at 3 o'clock P. M.
The motion was agreed to.
THE CALENDAR.
Mr. Spencer's Bridge Fund bill [H. R. 229] coming up on the third reading -
Mr. WOLFE moved to lay it on the table, to await the action of the House on a similar bill from the Senate.
The motion was agreed to.
On motion of Mr. SABIN the Supreme Court Sheriff bill [S. 36see p. 38] was taken up and referred again to the Committee on Fees and Salaries.
Mr. Hopkins' Common Pleas bill [H. R. 300 - see p. 245] Vanderburgh, Warrick, Posey and Gibson - coming up, it was passed the final reading in the House of Representatives - 73 to 1.
Mr. Belford's Insurance Incorporations amendment bill [H. R. 59 - see p. 63] was finally passed the House of Representatives - 69 to 10.
Mr. Wolflin's bill No. 212, repealing that Portion of the 41st section of the city in Corporations act of December 20, 1865, which exempts five acre tracts of land in cities from taxation coming up, it was finally passed the House of Representatives - yeas 54, nays 34.
Mr. Higgins' Northern State Prison Directors salary and office tenure bill [H. R. 287] coming up -
Mr. SHUEY moved to strike out March 11th, and insert the 20th.
It was agreed to by unanimous consent.
So the bill finally passed the House of Representatives - 80 to 0.
Mr. Baker's misdemeanor act amendment bill [H. R. 290] (the court or jury may fine in any sum not exceeding $500) coming up -
Mr. BAKER explained its object and necessity.
The bill was finally passed the House of Representatives - 72 to 8.
STATE MILITARY CLAIM AGENCIES.
Mr. Belford's Special Committee joint resolution No. 9 for closing up the Indiana Military Claims Agencies in Indianapolis and Washington, D. C., turning over the business in their hands to the Adjutant General, coming up -
Mr. McLEAN demanded the previous question, and under stress thereof, the joint resolution was finally passed - 53 to 39.
Mr. HUGHES having changed his vote for the purpose, moved to reconsider this vote, believing that it was taken under a misapprehension. He showed that these offices were doing a very large business; and the soldier's business was done on an average for about two per cent. Usually, outside of this agency, it costs him about 10 per cent.
Mr. CRAIN said he voted against the continuance of this agency, because its operation was unequal with respect to its accommodations. This resolution, coming from the Committee as it did, ought to pass.
Mr. LITSON designated the agency, as now conducted, as a great humbug. Eleven-twelfths of the soldiers right here in this city prefer to go to the private claim agents, and pay their price, rather than, have their work done in the State's office-for nothing. He showed that it required twelve thousand dollars to collect a few claims that would not have cost half as much in the hands of the private claim agents.
Mr. CAMPBELL. If the vote is reconsidered he will change his vote, and vote in favor of the resolution.
Mr. MILLER moved to lay the motion to reconsider on the table.
The yeas and nays (demanded by Messrs. Chambers and Newcomb) resulted - 57 to 30 - as follows:
YEAS - Messrs. Baker, Barritt, Belford, Black, Bobo,Brucker, Campbell, Cory, Crain, Crowe, Douglass, Edmonson, Foulke, Fuller, Gordon,. Green, Greer, Griggs, Hays, Honneus, Hostetter, Hungate, Inman, Kiser, Litson, Long of Jackson, Long of Kosciusko, Lopp, Martin, Mason, McFadin, McLean, Miller, Moore, Morrison, Montgomery, Rosser, Shanks, Shields, Shook, Shoaff, Shull, Shuey, Stackhouse, Stafford, Tebbs, Thatcher, Thrasher, Van Valkenburgh, Vawter, Watson, Williams, Wilson, White, Wolfe, and Wolfer - 57.
NAYS - Messrs. Bischof, Chambers, Daggy, Dunn, Erwin, Evans, Ferris, Funk, Geisendorf, Hartman, Hamilton, Higgins, Hopkins, Hudson, Hughes, McClasky, McMurray, Newcomb, North, Peelle, Prather, Skidmore, Smith of Lagrange, Smith of Wabash, Spencer, Thomas, Wason, Woods and Wright - 30.
So the motion to reconsider was laid on the table, and the joint resolution No. 9 was finally passed the House of Representatives.
page: 396[View Page 396]LOCOMOTIVE ENGINEERS.
Mr. Hughes' Locomotive Engineers' License bill [H. R. 41] coming up -
Mr. ROSS. It was a serious question whether the railroads themselves were not the better judges of competent engineers. Then if we provide authority to license engineers, will we not relieve railroad companies from, a large amount of the responsibility and liability for accidents?
Mr. HUGHES said the passage of the bill was recommended by the Committee on Railroads and the Committee on the Judiciary. Unquestionably it was an additional guarantee for safety. The engineers themselves were in favor of the bill. He had never heard an objection to the bill that did not come from those in the interest of railroad companies. The gentleman from Miami (Mr. Ross) would hardly hazard his reputation as a lawyer, by saying that it relieved the railroads from responsibility. He indicated the previous question.
Mr. SHUEY said no bill struck him as more objectionable than this. He referred to the secret organization of the engineers called "the Footboard." This bill was to increase the power of that secret organization to favor railroad engineers' strikes. It was no way surprising that the engineers are in favor of it. It was concocted in their secret sessions. These examiners would be in their interest. They must be engineers of ten years' experience. According to his promise to Mr. Hughes he now demanded the previous question.
There was a second by the House, and the main question, viz: shall the bill pass? was ordered.
The bill failed - yeas 38, nays 39 - as follows :
YEAS - Messrs. Baker, Belford, Chambers, Crain, Crowe, Douglass, Dunn, Evans Foulke, Green, Griggs, Hartman, Hays, Higgins, Honneus, Hughes, Hungate, Litson, Long of Jackson. Martin, McCarthy, McFadin, McLean, Miller, Moore, Montgomery, Prather, Rosser, Shook, Smith of Wabash, Spencer, Stafford, Tebbs, Thomas, Wason, White, Wolfe, Wolfer, Wolfin and Woods - 38.
NAYS - Messrs. Bobo, Brucker, Cory, Daggy, Edmonson, Erwin, Ferris, Funk, Fuller, Geisendorff, Gordon, Greer, Hopkins, Hostetter, Hudson, Inman, Kizer, Long of Kosciusko, Mason, Matthis, McClasky, McMurray, Morrison, North, Peelle, Ratliff, Ross, Shanks, Shoaff, Shull, Shuey, Skidmore, Smith of Lagrange, Stackhouse, Thrasher, Vawter, Watson, Williams, Wilson, Wright and Mr. Speaker - 39.
Mr. Watson's bill [H. R. 178] concerning the commencement of actions, [It admits that a man may be sued where the cause of action originated. It applies to Circuit and Common Pleas Courts - not to justices.]coming up -
Mr. WATSON explained its provisions. In answer to a question by Mr. Woods, he stated that the process for witnesses might and for the county where the cause of action originated. It was getting back a little nearer to the common law. The bill had been recommended by the committees examining it.
The bill failed - 40 to 39.
Mr. McLEAN submitted a resolution, which was adopted, tender ng to Major General Thomas J. Wood the freedom of the floor of the House of Representatives.
Mr. MONTGOMERY desired to call up his motion to reconsider the vote adopting his Circuit Court bill [H. R. 278] it having been found out that the error was in the body of the bill as well as the title. But-
Mr. NEWCOMB pressed the question of order that it is too late to reconsider that vote, and he was sustained by the House.
On motion of Mr. MORRISON, his Justices Dockets bill [H. R. 267] was taken up and placed in the files.
Mr. Peelle's Flouring Mill bill [H. R. 179] coming up -
Mr. PEELLE explained that it gives right to condemn land above, as well as below - it supplied a defect in the act of 1853.The bill passed the House of Representatives - 65 to 11.
Mr. Prather's wild and harmless birds protection on or about the premises of another bill [H. R. 202] coming up - the pending question to make the penalty one dollar was agreed to - and then the bill passed the House of Representatives - 55 to 28.
The bill to fix the Common Pleas Court terms in Clinton county, and repealing all conflicting laws, was passed the House of Representatives - 81 to 0.
MORGAN RAID CLAIMS.
Mr. Prather's Morgan Raid bill, No. 14, coming up again, it being the Claims Committee's substitute therefor - [A commission of three and an Attorney to be appointed by the Governor to set in Lawrenceburgh, &c., the Commissioners to appoint a clerk-compensation $6 a day - to report to the Governor - to distinguish between claims for losses by rebel and Union forces.]
Mr. HARTMAN did not think the General Government would make allowance for property destroyed by rebels. Claims for property destroyed by the Indiana Legion might be allowed, and he was in favor of investigating these.
Mr. McFADIN wanted the investigation to be fully made.
Mr. CROWE said this was almost an exact copy of the Ohio law. The General Government would, no doubt, pay for the destruction of property by the State troops. The losses by the rebels was left for the State's indemnification, which would be done whenever the State fully recognizes the obligation to protect the citizen. Kansas has done this for her people; and might not the State of Indiana come to a sense of page: 397[View Page 397] justice in this matter? In the meantime, he wanted these claims to be investigated, that they may be understood hereafter.
Mr. SHUEY said he was glad that the bill had at last assumed such a shape that he could support it.
Mr. PRATHER endorsed the view taken by Mr. Crowe.
Mr. CAMPBELL. If we do not intend to pay those claims, it was dealing unfairly and insincerely with those people to institute this investigation. It was entirely out of the question to equalize the burdens of the late war.
Mr. HUGHES demanded the previous question, and under its pressure the bill was finally passed the House - yeas 63, nays 22, as follows:
YEAS - Messrs. Baker, Barritt, Black, Bobo, Cory, Crowe, Danaldson, Douglass, Dunn, Edmondson, Evans,Fuller, Green, Griggs,Hamilton Hays, Hopkins, Honneus, Hostetter, Hughes, Hungate, Inruan, Kiser, Litson, Long of Jackson, Lopp, Martin, McFadin, McLean, Moore, Morrison, Montgomery, Newcomb, North, Peelle, Prather, Ratliff, Ross, Rosser, Shanks, Shields, Shook, Shull, Shuey, Skidmore, Stackhouse, Stafford, Stewart, Tebbs, Thatcher, Thrasher, Van Valkenburgh, Vawter, Wason, Williams, Wilson, White, Wolfe, Wolfer, Wright and Mr. Speaker - 63.
NAYS - Messrs. Bischof, Brucker, Campbell, Chambers, Daggy, Erwin, Foulke, Funk, Geisendorf, Gordon, Greer, Hartman, Hudson, Long of Kosciusko, Mason, McCarthy, McClasky, McMurray, Smith of Wabash, Spencer, Thomas, Watson, Wolflin and Woods - 22.
So the bill passed, with amended title, viz.:
An act appointing commissioners to adjust the claims of citizens of the State of Indiana, for damages sustained by reason of the rebel forces under command of John Morgan, in July, 1863, and all other raids made by rebel forces. Also, prescribing the powers and duties of said commissioners, and providing that they shall report their proceedings, findings, and the facts upon which each claim is founded, to the Governor, to be by him submitted to the General Assembly.
On motion of Mr. HUGHES, the bank tax bill [S. 178] was taken up, read, and referred to the Committee on the Judiciary.
Mr. HUGHES submitted a resolution, which was adopted, charging the Principal Clerk with the duty of depositing the books, papers, &c., of the session with the State Librarian; also with certain other closing duties of the session - allowing him therefor compensation of $5 a day after the adjournment of the session, but not exceeding $25.
Mr. GRIGGS moved to take up the motion to lay on the table the motion to reconsider the vote by which the claim of Grafton F. Cookerly was disallowed -
Which was arrested by the question of order, that that motion was already decided in the affirmative, which puts the claim beyond recovery in the House.
On motion by Mr. HIGGINS, the general order of the House for night sessions was dispensed with so far as this (Tuesday) night is concerned.
UNIVERSITY SQUARE.
The Education Committee's bill, substituting Mr. McLean's bill [H. R. 258see page 194 of these REPORTS] giving the case to the Marion Circuit Court, with right of appeal, &c., coming up -
Mr. HUGHES. The bill proposes to submit the question of title to this "square" to the Marion Circuit Court, with the right of appeal to the Supreme Court. In the mean time the Governor shall hold the property, and prevent private parties from making improvements. It seemed to him that the bill was entirely just, and he hoped the House would pass it.
The SPEAKER ordered the vote on the passage of the bill.
Mr. DAGGY. If I understand the bill, it authorizes suit to be brought against the State in regard to possession or title. I understand it conflicts with the constitution -
VOICES. "Order," order." "The yeas and nays have commenced," etc.
Mr. HUGHES. I am not willing for the House to pass on this bill in its present state of excitement. I move to postpone the bill, and make it the special order for to-morrow at 10 o'clock.Mr. MILLER insisted that the motion to postpone can not be entertained after the call has commenced.
Mr. HUGHES. Certainly the House does not want to do business in disorder. I want time to reply to the mischievous suggestion of the gentleman from Putnam [Mr. Daggy]. He then read the constitutional provision referred to, showing that this case is not in conflict with the Constitution. It is a case to try title between the State University and the city of Indianapolis - the name of the State being used as trustee for the University. It was no more in conflict with the Constitution than was a claim for bouldering the streets here. He insisted on the motion to make the bill the special order for to-morrow at 10 o'clock.
Mr. MILLER moved to reconsider the vote rescinding the night session. But-
The House adjourned.
