HOUSE OF REPRESENTATIVES.
THURSDAY, March February 7, 1867.The House met at 9 o'clock P. M.
On motion by Mr. PEELLE, the reading of the Journal of yesterday was dispensed with.
PERSONAL - A CORRECTION.
Mr. DAGGY. By the Journal of this morning I see that I am reported as offering an amendment to the Senate bill No. 152, in relation to legalizing certain county bonds. I desire to say that I offered no amendment, and am opposed to any measure which would tend to that purpose, as my county is opposed to any act which might legalize the bonds issued therein.
Mr. GRIGGS (in his seat.) It was my amendment.
PETITIONS.
Mr. HAMILTON presented the claim of Captain Dougherty, which was referred without reading.
REPORTS FROM COMMITTEES.
Mr. McMURRAY, from the Committee on Public Expenditures, reported their examinations of the general and specific appropriations, and the disbursements of money under them by the proper accounting officers, for the past two years.
The report was concurred in.
Mr. CRAIN, from the select committee there- page: 415[View Page 415] on, returned the general city incorporations bill [S .37] with an amendment recommending its passage.
On motion of Mr. CRAIN, it was made the special order for two o'clock.
FEDERAL APPOINTMENTS.
Mr. GRIGGS introduced a joint resolution [H. R. 27] instructing our Congressmen to use their influence against the confirmation of certain persons appointed to office by the President of the United States, viz:
WHEREAS, The Republican party elected a President and Vice President, and a large majority of both Houses of Congress, and according to the policy and usages of parties, they have a right to claim the patronage of the present Administration ; and
WHEREAS, The Vice President, now acting as President, having forsaken the principles of the party which placed him in power, and bestowed the patronage placed in his trust upon persons belonging to the so-called Democratic party ; Therefore,
Be it Resolved, That our Senators be instructed, and Representatives be requested, to use their influence and votes against the confirmation of all persons appointed, or who may be appointed hereafter by the President of the United States, unless they are known to be true and tried Republicans.
Resolved, That the Governor transmit a copy, &c.
It was referred to the Committee on Federal Relations.
MICHIGAN CITY HARBOR.
Mr. HIGGINS introduced a joint resolution [H. R. 28] relative to an appropriation for improving the harbor of Michigan. City. It was passed to the second reading.
Mr. SHOAFF submitted a concurrent resolution to adjourn the session next Monday, March 11, at noon.
Mr. CRAIN hoped it would be passed over for the present, because it may be that the Governor would not have time to look over all the bills passed between this and Saturday night.
It was passed over.
THE MILITARY BILL.
Mr. BAKER submitted the following:
Be it resolved by the House of Representatives (the Senate concurring,) That we are now as heretofore unalterably opposed to all schemes looking to the destruction of the union of States under the Federal Constitution ; that we regard with extreme disfavor all propositions, the objects of which are to deprive some of the States of this Union of many of the rights and dignities reserved to them under the Constitution of the Federal Union; and particularly do we denounce as unconstitutional, revolutionary and dangerous to liberty, the recent act of Congress passing an act known as "the military bill," whereby it is sought to reduce the States of this Union to a territorial condition.
It was referred to the Committee on Federal Relations.
On motion of Mr. CRAIN, his concurrent railroad commission resolution, submitted day before yesterday, for a joint committee of one on the part of the Senate, and two on the part of the House, to sit invacation of the General Assembly, and investigate the railroads of the State, their liabilities, obligations, &c., and report to the Governor, its members to be entitled (with their clerk) to $5 a day each, was taken up.
Mr. WOLFE opposed it on account of expense.
Mr. CRAIN. It would not cost one-fourth the amount it would to make the investigation here. The Committee on Railroads were charged with being derelict, and he introduced this to throw the responsibility on the House.
The vote (under the. pressure of the previous question) resulted - 22 to 59 - as follows:
YEAS - Messrs. Bischof, Brucker, Campbell, Crain, Douglas, Evans, Gorden, Hartman,Higgins, Honneus, Hughes, Long, of Jackson, Miller, Ratliff, Ross, Shields, Shuey, Smith, of Lagrange, Van Valkenbaugh, Wason, Williams, Woods and Mr. Speaker - 22.
NAYS - Messrs. Baker, Barritt, Bird, Black, Blanch. Bobo, Carter, Chambers, Crow, Daggy, Dunn, Edmonson, Erwin,Ferris,Foulke, Funk, Fuller, Geisendorff. Greer, Hamilton, Hopkins, Hostetter, Inman, Kiser, Litson, Long of Kosciusko, Lopp, Martin, McCarthy, McClasky, McFadin, McLean, McMurray, Moore, Morrison, Montgomery, North, Peelle, Prather, Rosser, Scammahorn, Shanks, Shook, Shoaf, Shull,Skidmore, Smith, of Wabash, Spencer, Stackhouse, Stafford, Stewart, Thacher, Thrasher, Thomas, Vawter, Watson, White, Wolfe, Wolfer and Wright - 59.
FIVE MINUTES RULE.
On motion of Mr. SHUEY, it was -
Ordered, That for the balance of this week, debate shall be limited to five minutes.
Mr. HOSTETTER submitted the following:
Resolved, That the State Librarian take charge of any document for safe keeping, that may be placed in his hands by the State Printer.
After debate, it was amended by adding hese words: "as required by law;" and so it was adopted.
SINKING FUND.
On motion of Mr. MILLER, the Sinking Fund bill [S. 102] was taken up, with the Sinking Fund Committee's amendments thereto; which were read. [To purchase State bonds at their market value with the sinking fund, and invest in non-negotiable bond.]
The amendments were concurred in.
Mr. McMURRAY moved to recommit the bill to the Committee on the Sinking Fund, with instructions to strike out "$1,000," and incidental expenses to the Auditor for charge and management of this fund, and insert "5,000. He was opposed to this gum-elastic section, which could be stretched out to $10,000. The Auditor at first only wanted $5,000 for this charge.
Mr. WOLFE moved to amend by striking out "5,000," and inserting "4,000.,'
Mr. GREER considered that 5,000 was page: 416[View Page 416] little enough; and that it would be doing no violence to the fund.
Mr. VAN VALKENBURGH demanded the previous question, and thereunder -
(Mr. CAMPBELL demanding the vote first on the highest number,)
Mr. McMURRAY'S "5,000" was rejected on a division - affirmative 38, negative 40.
Mr. Wolfe's "$4,000" amendment was then sent as instruction to the Committee on the Sinking Fund.
IMPEACHMENT OF THE PRESIDENT OF THE UNITED STATES.
Mr. VAN VALKENBURGH submitted a joint resolution [H R. 29] for congressional instructions against the pending motion for impeachment, unless some act of the President shall justify it.
It was referred to the Committee on Federal Relations.
Mr. VAN VALKENBURGH called attention to an error in these REPORTS in this morning's Journal. The original cost of Wilson's Digest is printed96 cents. The gentleman from Monroe, perhaps, could correct it.
Mr. HUGHES. The original cost is $1 98. That's about as near as they generally get to it.
On motion of Mr. Miller the Change of Venue bill [S. 13] - (in civil actions in certain cases,) was taken up.
Mr. McFADIN understood that this was a bill to suit certain cases - that the judge may grant changes ot venue in vacation so the case may travel round till it finds the right kind of a Judge, &c.
Mr. MILLER admitted that it was to save certain cases where rights might be imperilled. It was expected to be voted for by Union men and opposed by Democrats He had no speech to make.
The vote on the final passage resulted yeas 56, nays 29 - as follows:
YEAS - Messrs. Belford, Bischof, Blanch, Brucker, Campbell Chambers, Crain, Daggy, Dunn, Erwin, Ferris, Foulke, Funk, Geisendorff, Gordon, Greer, Grigss, Hartman, Hamilton, Higgins, Hopkins, Hudson. Hughes, Litson, Long of Kosciusko, Martin, Mason, McCarthy, McClasky, McLean, McMurray, Miller; Moore, Newcomb. North, Peelle, Prather, Ratliff, Ross, Scammahorn, Shook, Shuey, Skidmore, Smith of Lagrange, Smith of Wabash, Spencer, Stafford, Stewart, Thrasher, Thomas, Wason, Watson, Wilson, Wolfer, Woods and Mr. Speaker - 56.
NAYS - Messrs. Baker, Black, Bobo, Carter, Corey, Crowe, Edmonson, Fuller, Hostetter, Hungate, Riser, Long of Jackson, Lopp, McFadin, Morrison, Montgomery, Shanks, Shields, Shoaff, Shull, Stackhouse, Tebbs, Thacher, Van Valkenburg, Vawter, Williams, White and Wolfe - 28.
So the bill passed the House of Representatives.
UNIVERSITY SQUARE.
On motion of Mr. HUGHES, the substitute for Mr. McLean's bill [H. R. 258] to sell University Square for the benefit of the University fund - to be applied to the establishment of an Agricultural Department, which failed for want of a majority of 51, was taken up, and under the rule the vote again resulted - 49 to 37.
On motion of Mr. GORDON the Boone and Clinton (twenty-third) Common Pleas district bill [S. 244] was taken up and advanced to the second reading.
On motion of Mr. McFADIN, his bill [H. R. 346] extending the term of the Court of Common Pleas in Cass county, was taken up and ordered to be engrossed.
On motion of Mr. BOBO the 10th Judicial Circuit bill [S. 236,] (Adams, Wells and Whitley,) was advanced to the second reading.
Mr. BOBO made an ineffecrual motion to suspend the constitutional restriction.
CITIES.
On motion of Mr. LITSON, the city subscriptions for railroads, &c., bill [S. 70] was taken up with the Committee amendments. The amendments were concurred in, and the bill finally passed the House of Representatives - 66 to 4.
TOWNS AND TOWNSHIPS.
On motion of Mr. WOODS the bill [S. 41] giving to towns and townships the same power that Senate bill No. 70 gives to cities, was taken up with the Committee amendments thereto.
The amendments were concurred in.
After debate by Mr. Hughes, Mr. Riser, Mr. Bobo, Mr. Higgins and Mr. Wolfe in opposition, and Mr. Woods, Mr. Belford, Mr. Crain and Mr. McLean in reply
Mr. HIGGINS proposed to amend by inserting after the word "freeholder," these words: "and in value a majority of the real estate."
Mr. GREER spoke in favor of the bill.
Mr. VAN VALKENBURGH considered that it would lead to nothing but litigations. He opposed the bill as controvening the Constitution, and upon every principle of sound public economy. He moved to lay the bill and amendment on the table.
Mr. HIGGINS and Mr, McFADIN demanding the yeas and nays, the vote resulted - 47 to 34 - as follows:
YEAS - Messrs. Baker, Barritt, Bird, Black, Blanch, Bobo. Crowe, Douglass, Dunn, Edmonson, Fuller, Gordon, Hays, Higgins, Honneus, Hostetter, Hudson, Hughes, Hungate, Inman, Kizer, Long of Jackson, Lopp, McFadin, McMurray, Montgomery, North, Peelle, Ross, Scammahorn, Shanks, Shields, Shook, Shull, Smith of Wabash, Spencer. Stackhouse, Stafford, Tebbs, Thrasher, Van Valkenburgh, Vawter, Watson, Williams, Wilson, White, and Wolfe - 47.
NAYS - Messrs. Belford, Biscbof, Brucker, Campbell, Chambers, Cory,Crain, Daggy, Erwin, Ferris, Foulke, Geisendorff, Greer, Griggs,
page: 417[View Page 417]Hartman, Hamilton. Litson, Martin, Mason, McCarthy, McClasky, McLean, Miller, Moore, Prather, Ratliff, Rosser, Shuey, Smith of Lagrange, Stewart, Thomas, Wason, Wolfer, Woods and Mr. Speaker - 34.
So the subject was laid on the table.
On motion of Mr. LOPP, the hog cholera prevention bill [215] was taken up and advanced to the second reading
On motion of Mr. DAGGY, the city school house building bill [H R. 214in p 286] was taken up, with the amendment of the Committee on Education, proposing a substitute.
Mr. SHUEY explained that the substitute was the Senate bill with its provisions extended to incorporated towns. The substitute embraces the provisions of the House bill and the Senate bill on this subject.
The amendments were adopted, and the bill ordered to the engrossment.
On motion of Mr. FERRIS,the Road Tax bill [S. 95 - see page 105] was taken up, with the Judiciary Committee's amendment, striking out the tax by the acre.
Mr. SPENCER proposed to amend by adding appropriately these words: "Provided, however, that two-thirds of the levy shall be worked out on the road." He subsequently withdrew it.
The committee amendment was adopted
Mr. BAKER moved to extend to the 15th of October the time when work may be done
Mr. FERRIS. That will kill the bill.
It was rejected.
The bill was ordered to the third reading.
THE CALENDAR.
The bill [S. 28] amending section 18 of the Justices' actso as to give justices of the peace power to collect costs in State prosecutions, coming up -
It was finally passed the House - 72 to 1.
The House took a recess till 2 o'clock.
AFTERNOON SESSION.
The SPEAKER announced the special order, viz: the consideration of the bill [S. 34] for the incorporation of cities in the State of Indiana, with the committee amendments thereto; substituting the 8th section of the city officiary and tenure, making an addition to chapter 7, section 3. amending sections 18, 26, 51, 53, 58 and 60.
Mr. HIGGINS moved to amend by inserting in the 18th section a provision to this effect:
In any city containing a population of less than ten thousand, the Mayor may at any time, with the consent of the Common Council, deposit his docket with a Justice of the Peace, who shall have and exercise all the power and authority of the Mayor during the time the docket may remain in his hands.
Mr. LITSON proposed an amendment to the committee amendment to section 26., to put taxing power in the hands of a majority of the resident freeholders.
It was adopted.
The committee amendments were adopted.
Mr. Higgins' amendment was adopted.
Mr. CROWE proposed further to amend in the 68th section to this effect:
Provided further, that where the State of Indiana is owner of land on or along any street, the common council shall not contract for its improvement without first obtaining the written consent of the Auditor and Treasurer of State.
Mr. WOODS proposed to amend the amendment, so as to authorize the city to make such improvements at its own expense.
Mr. CROWE accepted the modification; and so the amendment was agreed to.
Mr. DAGGY proposed to amend further in the 53d section to this effect:
Compelling the City School Trustees to report to the common council the condition of the city schools whenever required by the council to do so.
Exempting $300 from forced sales for street improvement assessments.
Conferring authority to punish for contempt in. the city council room.
Conferring power to get across adjoining lands for the purpose of drainage.
The amendment was agreed to.
On motion of Mr. HIGGINS, the amendments were considered as engrossed, and the bill, as amended, was ordered to the third reading, read the third time and passed the House of Representatives - 66 to 17.
On motion of Mr. ROSS, Mr. Daggy's bill [H. R. 338] fixing the times of holding the Civil Courts and the length of the terms thereof in the several circuits of this State, was taken up, with the Courts Committee's amendments thereto.
On motion of Mr. WOODS, the rule of the House and constitutional restriction were suspended - 74 to 6 - and the bill was read the second and third times by title.
Mr. ROSS proposed to amend as to the times of holding in Grant, Blackford and Jay.
Mr. RATLIFF objected.
Mr. ROSS then withdrew it.
Before the committee amendments were adopted, it was passed over informally.
Subsequently the bill was taken up, the pending amendments adopted - when it was read through as amendedand then it was recommitted with instructions.
On motion of Mr. SPENCER, the House took up the Liquor bill [S. 46 - see page 53.]
Mr. SHUEY desired to amend.
Mr. HUGHES wanted the bill - pure and simple. He demanded the previous question, and there was a second, and the main question was ordered.
Mr. BELFORD said there is no saving, page: 418[View Page 418] clause in the bill. All past indictments will have to go by the board.
The bill was defeated for want of consti tutional majority - 44 to 43 - as follows:
YEAS - Messrs. Blanch, Campbell, Chambers, Danaldson, Dunn, Erwin, Farris, Foulke, Funk, Gordon, Greer, Griggs, Hartman, Hamilton, Hudson, Hughes, Litson, Long, of Kosciusko, Martin, Mason, McCarthy, McClasky, McMuray, Miller, Moore, North, Peelle, Ratliff, Rosser, Shields, Shuey, Skidmore, Smith, of Lagrange, Smith. of Wabash, Spencer, Stafford, Stewart, Thrasher Thomas, Wason, Wilson, Woods, Wright and Mr. Speaker - 44.
NAYS - Messrs. Baker, Barritt, Bird, Bischof, Bobo, Brucker, Carter, Corey, Crowe, Daggy, Douglass, Edmonson, Fuller, Geisendorf, Green, Hays, Higgins, Hopkins, Honneus, Hostetter, Hungate, Kiser, Long, of Jackson, Lopp, McFadin, Montgomery, O'Neil, Prather, Ross, Schamahorn, Shanks, Shook, Shull, Stackhouse, Tebbs, Thacher, Van Valkenburgh, Vawter, Watson, Williams; White, Wolf and Wolfer - 43.
SINKING FUND.
Mr. NEWCOMB, from the Committee on the Sinking Fund, returned the Sinking Fund bill [S. 102 - see page 105], with an amendment of the third section according to order, viz:
"For incidental expenses in the management of the said fund, including clerk hire, the Auditor shall be allowed $4,000 "
Amending the seventh section so as to prevent the possible sacrifice of land at the public sales, by the State buying in.
After debate by Messrs. HUGHES, CAMPBELL and McFADIN -
Mr. HUGHES moved, ineffectually, to reconsider the vote by which the House gave instruction to the committee to submit the first section of the foregoing report - 26 to 66.
The committee's amendments were then adopted; and the bill as amended, being considered as engrossed, was finally passed the House - 82 to 8,
Mr. GREER obtained leave of absence for the remainder of the session, on account of business in court.
LIQUOR BILL.
On motion of Mr. CHAMBERS, the Liquor bill S. No. 46, was again submitted to the vote resulting - 40 to 48 - so the bill was rejected.
Mr. SHUEY submitted a motion to suspend the Constitutional rules so as to pass 20 bills of the House to the engrossment by reading only their titles.
The SPEAKER. (Mr. Higgins in the Chair.) The Chair, knowing the opinion of the Speaker as to the legitimacy of such a motion, will decide that the motion of the gentleman from Elkhart is out of order.
Mr. SHUEY appealed from this decision in writing:
The Speaker having decided that it is not in order to suspend the Constitutional rules for the consideration of more than one bill at one time. From this decision we appeal to the House. Signed by Messrs. Shuey and Montgomery.
After debate by Mr. SHUEY for the appeal, and Mr. McLEAN for the decision of the Chair -
The formal question: Shall the decision of the Chair stand as the judgment of the House? was decided in the affirmative without a division.
The House took a recess till 7 o'clock.
NIGHT SESSION.
THE CALENDAR - SENATE BILLS PASSED TO THE SECOND READING.
The Tippecanoe, Allen and Wayne criminal courts bill [S. 237]: the Warren and Fountain county boundary bill [S. 198]; the Thomas S. McCarthy treasurer legalization bill [S. 200]; the Senate joint resolution No. 9, for improvement of the harbor at Michigan city; the railroad signal bill [S. 176]; the delinquent tax bill [$. 190]; the receivers in vacations bill [S. 185]; the pauper record bill[S. 187]; the Insane Hospital amendment bill [S. 180]; the decedents' estates settlement bill [S. 186]; the night watchman for the State House bill [S. 159]: the prisons and benevolent institution visitors' bill [S. 169]; the Warren circuit court bill [S. 171]; the railroad police bill [S. 91]; the manufacturing and mining supplemental bill [S. 149]; the assessment amendment bill [S. 220], (treasurer's tax collection duties); the Antietam and Gettysburg monument appropriation bill [S. 233]; the Senate joint resolution for the Niagara ship canal ; the reports to the Governor bill [S. 207]: the causes for new trial bill [S. 211] were read the first time and passed to the second reading.
The Senate joint resolution for burning bills and plates of broken and closed banks in presence of the Auditor of State, and the Committee on Finance of the Senate, and the Committee on Ways and Means of the House, being read -
On motion of Mr. NEWCOMB, it was made the special order for to-morrow 91/2 o'clock.
The illegal and defective bonds case bill [S. 195;] the grapevine plank road amendment bill [S. 148;] the section 131 common school act repeal bill [S. 245;] the Vevay, Mt. Sterling and Versailles amendment bill [S. 226] were read the first time and passed to the second reading.
SENATE BILLS PASSED TO THE THIRD READING.
The slackwater navigation incorporation bill [S. 75]; the criminal courts salary bill [S.76]; the guardian and ward act amendment bill [S. 151]; the 22d common pleas district bill [S. 206], (Tippecanoe and Warren counties,) was amended by Mr. MILLER, so as to stand the 23d district; the fugitive rendition bill [S. 212]; the electric telegraph bill [S. 79]the blank being filled with $50 on motion of Mr. Hopkins; the steam packet company bill [S. 89], with committee amendments "within and without this State;" the street railroad act amendment bill [S. 119] (general law liability of stockholders); the clerks of Common Pleas (specify fees) bill [S. 118]; the plank or gravel road assessment bill [S.54]; the Governor successorship bill [S 164|; the Fulton county Common Pleas bill [S. 203]; the Evansville railroad and stock subscription bil l [S. 223] the holidays legalization bill [S.97]; the Insane Hospital amendment bill [S. 115]; the damages bill [S. 131] the insurance closing up bill [S. 140]; the swamp lands certificate payment bill [S. 218]; the Supreme Court sheriff salary bill [S. 36]; the supervisors' act road tax amendment bill [S. 38]; and the protection for insured property bill [S. 103]; were read the second time and passed to the third reading.
SCHOOL LAW AMENDMENTS.
The bill [S. 114] amending sundry sections of the common school law, with the committee amendments, coming up -
page: 419[View Page 419]Mr. RATLIFF explained that the committee amendments strike out sections 16, 11,18 and 19, relative to text books.
This was concurred in.
Mr. RATLIFF proceeded to explain the several amendments proposed by the Committee on Education;
Which were severally concurred in.
Mr. BAKER moved to recommit the bill, with instructions to amend by providing for the establishment of a school wherein the German language shall be taught in every neighborhood where there are fifteen German children. And hereon he demanded the previous question.
Mr. BELFORD considered that the mo-lion was hostile, and -
Mr. BAKER was willing to withdraw the demand for the previous question, and allow the bill to pass over.
It was so ordered.
FOURTH JUDICIAL CIRCUIT.
On motion by Mr. MONTGOMERY, the vote by which his Fourth Judicial Circuit bill was passed was reconsidered; and it was amended so as to harmonize the title and the body of the bill; and then re-enacted by unanimous consent.
The fur-bearing animal protection bill [194] coming up -
Mr. SHUEY moved to strike out "musk and raccoon."
Mr. WASON said more than $100,000 worth of fur was taken every year in the Kankakee marshes, and this bill was desired there.
Mr. WHITE moved to lay the whole subject on the table.
It was so ordered.
The "white" common school repeal bill [S. 117;]
The Wabash Manual Labor College amendment bill [S. 242;]
The Evansville City Charter amendment bill [S. 154] were severally passed to the third reading.
On motion of Mr. MILLER, his bill [H. R. No. 58] for holding but one election in he year (the general) was taken from the table and placed in the files.
The House then adjourned.
