HOUSE OF REPRESENTATIVES.
FRIDAY, March 8, 1867.The House met at 9 o'clock A. M.
On motion of Mr. GREEN, the reading of the journal of yesterday was dispensed with, excepting the record of the proceedings on the temperance bill S. 40.
Mr. THACHER moved that the journal be corrected so as to record the vote of Mr, Newcomb.
The SPEAKER. It is not in order to take such action in the gentleman's absence.
Mr. Sabin, Mr. Evans, Mr. Newcomb and Mr. Martin obtained leave to record their votes in the affirmative, and Mr. Wolflin and Mr. Inman in the negative on said bill.
PETITIONS AND MEMORIALS.
Mr. MILLER presented the memorial of John page: 425[View Page 425] Dauphin on the subject of immigration. It was referred to the Committee on Immigration.
Mr O'NEIL presented a remonstrance against the passage of the fish protection bill. It was referred to the committee whence the fish bill was referred.
Mr. SHIELDS presented a temperance petition which was referred without reading.
REPORTS FROM COMMITTEES.
Mr. Dunn, from the Special Committee under the resolution to investigate for bribery and corruption, reported that they have failed to adduce any testimony implicating any member of the General Assembly; and he asked and obtained the Committee's discharge from further consideration of the subject.
Mr. ROSS, from the Committee on the Judiciary,returned Mr. Hughes' bill [H. R. 310] amending the misdemeanor act in regard to lottery penalty, recommending its indefinite postponement.
The report was concurred in.
He also returned Mr. McLean's lottery suppression bill [H. R. 305] recommending its indefinite postponement.
He also returned Mr. Baker's bonds income tax bill [H. R. 149;] and Mr. Kizer's legislative perjury bill [H. R. 311,] recommending their indefinite postponement.
Which reports were severally concurred in.
Mr. ROSS also returned the township trustee bill [S. 74see p. 73] recommending its indefinite postponement.
Mr. Miller submitted a minority report, returning the bill with an amendment.
Mr. SMITH of Lagrange, from the Judiciary Committee, returned Mr. Honneus' side tracks railroad bill [H. R. 146] recommending its indefinite postponement, which was concurred in.
He also returned the immigration bill [S. 14] recommending its passage.
Mr. WOODS, from the Committee on the Judiciary, returned the memorial of James J Morrison, recommending the allowance of his claim.
Mr. W. stated that this was for services as counsel to defend a suit against the Blind Institution - it is for $500 - $500 having been already paid.
Mr. HIGGINS thought the amount already paid was sufficient - as the case went off on demurrer.
Mr. KIZER doubted whether this lawyer could have got a more liberal fee than he has received.
Mr. HUGHES said that $500 was accepted under protest - without relinquishment of the original claim. The charge was agreed upon - allowed by the Beard of Trustees.
The report was rejected.
Mr. PEELLE, from the Committee on Organization of Courts, returned his general court times and terms bill [H. R. 338] with amendments, recommending its passage.
Mr. WRIGHT, from the Committee on Claims, reported for allowance of the claim of James and John Hupper for grading, which was concurred in.
Mr. LONG of Jackson, from the >Committee on Claims, returned Mr. O'Neil's bill, No. 334, for the relief of John P. Dunn, recommmending a substitute.
Mr. WRIGHT reported for allowance of the claims of James Stewart$486 30; which was concurred in.
Mr. FERRIS, from same committee, reported against the allowance of the claim of G. W. Alexander.
Mr. CROWE reported for allowance of the claim of Thomas Yohn for grading - $221 40.
Mr. WRIGHT reported for allowance of Cyrus T. Nixon, five days per diem and mileage for organizing the House of Representatives.
Mr. SABIN, from the Committees on Fees and Salaries, returned the resolution of the 19th, with regard to the extra charge of Clerks and Auditors - and, for want of time, report no recommendation.
Mr SCAMMAHORN, from the Committee on Rights and Privileges, returned the bill [S. 213] concerning the punishment of women and girls, recommending its passage.
Mr. TEBBS, from the Committee on County and Township Business, returned the memorial of B F. Gregory, of Warren county, against any change in the boundary between Fountain and Warren, and he asked and obtained discharge from its further consideration.
Mr. CHAMBERS, from the Committee on Corporations, returned manufacturing and mining companies amendment bill [S. 149see page 154] recommending its passage.
Mr. HONNEUS, from the select committee thereon, returned his resolution of inquiry into the tax delinquencies of the N. A. & C. and Terre Haute railroads, recommending a concurrent resolution for a joint committee of three on the part of the House and two on the part of the Senate, to sit in vacation of the General Assembly, and empowering them to inquire whether the railroads have properly paid their taxes,and; whether further legislation is necessary to secure the State's interest; to report to the Governor, &c., and receive $5 a day each, with reasonable traveling expenses.
Mr. HUGHES said he should support that resolution. He referred to incidents of misfortune and mismanagement in the history of that New Albany railroad, setting everybody at defiance, and paying none of its debts.
Mr HONNEUS said his county and others were losing money by this road, and he understood that other roads were delinquent in the same way to an amount in the total to three or four millions of dollars. Hence this becomes an important inquiry.
Mr. DAGGY said this matter was investigated in 1865. He read section 6 of the-act to show that the question of taxes was, closed up under litigation. The taxes off 1858-9 have been paid: and this resolution was to go back and investigate the non-payment of taxes before 1858-9. He moved' to amend the resolution reported so as to confine their sessions to sixty days, andi include the charge of corruption, which he did not believe could be established.
Mr. HONNEUS accepted.
Mr. CAMPBELL having heard no complaint on this account, moved ineffectually to lay the resolution on the table - yeas 25, nays 64 - as follows:
YEAS - Messrs. Campbell, Fuller, Hamilton, Higgins,Hopkins,Hosteter,Hudson,Lltson,Long of Kosciusko, Martin, McLean, Peelle, Prather, Sabin, Shook, Shuey, Skidmore, Spencer, Stackhouse. Stafford, Stewart, Thomas, Wolflin and Wrignt - 25.
NAYS - Messrs. Baker, Barritt, Belford, Bird, Black, Bobo, Brucker, Carter. Chambers, Cory, Grain, Crowe, Daggy, Danaldson, Douglass, Dunn, Brwin, Evans, Ferris, Foulke, Funk, Geisendorff, Gordon, Greer, Hartman, Hays, Honneus, Hughes, Hungate, Innian,Riser, Long of Jackson, Lopp, McCarthy, McClasky, McFadin, MoMurray, Miller, Montgomery, New-
page: 426[View Page 426]comb, O'Neil, North, Ratliff, Rosser, Scamahorn, Shanks, Shields, fchoaff, Shull, Smith of Lagrange, Smith of Wabash, Tebbs, Thacher, Thrasher, Van Valkenburgh, Vawter, Wason, Watson,Williams, Wilson, Wolfe, Wolfer, Woods and Mr. Speaker - 64.
Mr. NEWCOMB wished to enlarge the scope of the investigation by adding to this effect:
Amend, by providing that the Commission shall be appointed by the Governor, and that one of the members of said Commission shall be a lawyer, and the others experienced in the tax laws of the State; and they shall report to the Governor the draft of a bill to secure a just valuation of railroad property for taxation ; and that their report shall be laid before the next General Assembly.
Mr. TEBBS moved, ineffectually, to lay Mr. Neweomb's amendment on the table.
And then, under the previous question, Mr. Newcomb's amendment was adopted, and the resolution as amended was also adopted.
On motion of Mr. CAMPBELL his Court bill, No. 348, was taken up and referred to a Special Committee, of which Mr. Gordon is to be chairman.
The Committee was announced: Messrs. Gordon, Campbell and Newcomb.
DESTRUCTION OF USELESS BANK NOTES.
The Senate joint resolution, No. 5, for destruction of the notes and plates of broken and closed banks and unsigned bills thereof, coming up as the special order -
Mr. NEWCOMB proposed to amend by adding:
That the said burning and destruction may be done in the presence of the State Auditor and the Chairmen of said Committees, after the adjournment of the present session of this General Assembly.
Mr. TEBBS moved ineffectually to lay the amendment on the table.
The resolution was then passed the House - 85 to 1.
MICHIGAN CITY HARBOR.
The Senate joint resolution, No. 9, relative to improvement of the Harbor at Michigan City, in this State, (being included also in the special order for this hour,) was taken up and passed the House of Representatives - 82 to 0.
ROME CITY DONATION.
On motion of Mr. GEISENDORFF his Rome City Real Estate Donation bill [H. R. 301] was taken up and finally passed the House of Representatives - 76 to 3.
PENSIONS.
Mr. TEBBS submitted a joint resolution, No. 29:
Resolved by the General Assembly, etc., That our Senators in Congress be instructed and our Representative be requested to use their influence to secure the passage of an act amending the existing pension laws so as to abolish all distinction between officers and soldiers of the war of the rebellion now pensioned and the pensioners of any of the wars of the United States, and also to grant pensions to the widows of officers and soldiers of any of the wars of the United States in like manner, and under the same regulations as now provided for the widows of officers and soldiers of the rebellion.
Mr. MILLER submitted a resolution directing the Committee on Ways and Means to inquire what amount is due to Henry Hall, in virtue of a joint resolution passed March 5, 1855, & c.
On motion of Mr. STAFFORD, it was laid on the table.
MILITARY CLAIM AGENCY
On motion of Mr. McLEAN, the Senate engrossed amendment to Mr. Belford's joint resolution No. 9, [see Senate proceedings of yesterday,] was taken up.
Mr. MILLER desired to amend.
The SPEAKER decided that no amendment can be made without reference.
Mr. O'NEIL moved indefinite postponement.
Mr. HUGHES deprecated any discourteous action toward the Senate at this stage of the session.
Mr. LITSON spoke against concurrence. The self-respect of the House required that the body should adhere to the action of the majority of the House. The House could not honorably recede but by the report of a Committee of Conference.
Mr. McLEAN preferred, all things considered, to concur in the Senate's action.
Mr. BELFORD alleged discourteousness on the Senate's action; but still there were considerations, which be gave, that induced him to concur in the Senate's proposition.
Mr. GORDON should vote for the Senate's proposition, because he did not want to go home and do nothing for the soldier. It was to cost only five thousand dollars per annum to collect the claims of the soldiers free of charge.
Mr. BLANCH demanded the previous question, and there was a second.
Mr. LITSON closed the debate, saying that all he asked was that we might have a Committee of Conference, in which he wanted to have the opportunity of making it imperative on the Governor to appoint soldiers at the head of these agencies. He asked unanimous consent to submit the following, which was read for information:
Amend first section by inserting after the word Indianapolis, "both of whom shall have served at least three years in the volunteer army of the United States in the late rebellion, and shall have received an honorable discharge from said service, or shall have been wounded while in the service ; and all of the clerks, subordinates and employees of said agents shall have the like qualifications.
But objection was made.
The House then concurred in the Senate's engrossed amendment - yeas 49, nays 35 - as follows:
YEAS - Messrs. Belford, Bischof, Blanch, Campbell, Chambers, Crain, Daggy, Donaldson,
page: 427[View Page 427]Dunn, Erwin, Ferris, Funk, Geisendorff, Gordon, Greer, Griggs, Hartmara, Hamilton, Higgins, Hudson, Hughes, Martin, Mason, McCarthy, McCIaslty, McLean, McMurray, Moore, Newcomb, North, Peelle, Prather, Ratliff, Rosser, Scammahorn, Shook, Shuey, Skidmore, Smith of Lagrange, Smith of Wabash, Spencer, Stewart, Thomas, Wason, Watson, Wolfer, Wolflin, Woods and Wright - 49.
NAYS - Messrs. Baker, Barritt, Bird, Bobo, Brucker. Carter, Corey, Crowe, Douglass, Evans Green, Hays, Hostetter, Hungate, Inrnan, Kizer, Lltson, Long of Jackson, Long of Kosciusko, Lopp, McFadin, Montgomery, O'Neil, Shanks, Shields, Stackhouse, Stafford,Thaoher,Thrasher, Van Valkenburgh, Williams, Wilson, White, Wolfe, and Mr. Speaker - 35.
THE CALENDAR.
The Senate message calling for a committee of conference on the disagreeing votes between the two Houses on the amendments to the Registry bill, S. No. 2, being taken up -
On motion of Mr. HIGGINS, it was ordered that a committee of conference on the part of the House be appointed.
The SPEAKER announced the committee, namely: Messrs. Higgins, Ross and Miller.
Mr. NEWCOMB introduced a bill [H. R. 349] for an act supplemental to and declaratory of the meaning of the act passed at the extra session of 1865, entitled an act to secure a just valuation of all railroad property in this State, &c.
Mr. N. moved to suspend the constitutional restriction, to enable him to move the passage of the bill to day, and he explained that its object was to provide against the general repealing clause of the act of 1865, which might otherwise prevent the collection of railroad taxes.
The restriction being suspended, the bill passed the House - yeas 74, nays 0.
Mr. Spencer's Morgan raid joint resolution, No. 13, coming up - it was passed the House - 69 to 3.
Mr. Green's joint resolution, No. 20, for extra pay for prisoners in the late war while prisoners of war in rebel prisons, was taken up and passed the House - 79 to 0.
Mr. Foulks' bill [H. R. 222] to amend the 77ih section of the general city corporation act, &c. - to enable cities to organize wards embracing territory newly added, coming up -
Mr. FOULKE explained its provisions that no ward shall contain less than 300 inhabitants, &c.
The bill finally passed the Hhouse - 63 to 6.
Mr. Hamilton's conspiracy bill [H. R. 105] and repealing the act of May 1, 1861, coming up, it was finally passed the House - 68 to 0.
The House then took a recess till two o'clock.
AFTERNOON SESSION.
On motion of Mr. WOLFE, his township bill, No. 229, was taken from the table and placed on the files.
On motion of Mr. HIGGINS it was
Ordered, That the House proceed to the consideration of Senate bills on the third reading, and pursue this order till five o'clock.
SPECIFIC BILL.
Mr. NEWCOMB, from the Committee on Ways and Means, reported the specific appropriation bill [H. R. 350] for an act making specific appropriations for the year one thousand eight hundred and sixty seven.
On his motion, the constitutional restriction was suspended - 79 to 4 - so as to admit of the final passage of the bill to-day.The bill was read by title, and then it was read through by sections.
Some debate arose as to the appropriation for street improvements opposite the State's grounds in the city of Indianapolis, which resulted in no question, but the settlement of a principle that, whilst these claims are allowed under precedent, hereafter, because the State cannot be taxed, she will not pay for improvements, unauthorized by contract with the proper officers.
Mr. STAFFORD proposed the following:
Amend by inserting that the Public Printer be allowed $I,080 for printing 20,000 copies of the acts of 1865 in the German language, now on deposit in the office of the Secretary of State.
The SPEAKER said, this matter having been rejected by the House, it could not be reached but by reconsideration.
Mr. STAFFORD then moved to reconsider the vote rejecting the claim, giving the fact upon which it is founded.
On motion of Mr. CHAMBERS, the motion to reconsider was laid on the table.
Mr. O'NEIL moved to strike out from the bill all that relates to Alvah Johnson.
The SPEAKER said this claim being put in this bill by order of the House, the object of the gentleman can be reached only by reconsideration of the bill.
Mr. O'NEIL then moved to reconsider the bill authorizing it, and proceeded to state his objection to the claim. But upon correction of his facts submitted by Mr. NEWCOMB and Mr. SHUEY, he withdrew the motion.
Mr. VAN VALKENBURGH proposed a section to make the usual allowance for the BREVIER REPORTS.
Mr. HIGGINS moved that it be laid on the table, and made the special order for Monday.
It was so ordered by consent.
Mr. CAMPBELL moved ineffectually to reconsider the adoption of section 10, so as to enable him to strike out the name of page: 428[View Page 428] Robert 0. Dormer and insert the name of Phil. Kennedy in lieu.
Mr. GRIGGS moved to reconsider the vote rejecting the claim of G. F. Cookerly for $2,500, to enable him to move it as a section in the specific bill.
The SPEAKER There is no way to get at that claim but by reconsideration in the morning hour.
Mr. NEWCOMB proposed $4,620 83 to pay the balance due from the State for the Gettysburgh Cemetery; also an appropriation (over $6,000) for the Antietam Cemetery; which was adopted.
Mr. FOULKE proposed that Thomas F. Howell be allowed $120 for furnishing troops for the United States service. The claim would have gone to the committee, but the papers were lost.
Mr. WOODS moved to add a section for allowance to Messrs. Matson, Ellis, De La Hunt and Jacobs (heretofore reported), for investigating the Sinking Fund; which was adopted.
Mr. KIZER proposed $6,000 for the General Wayne monument in Alien county. It was rejected on a division - 31 to 38.
Mr. NEWCOMB (for Mr. Miller) proposed an allowance of $9,955 20 to Henry Hall, surviving partner of Morehead & Hall,
Mr. WOODS set forth the facts in the case, Mr. WOLFE and others participating, until cut off by the previous question.
Whereupon -
Mr. MILLER asked and obtained leave to withdraw the claim from before the House.
The bill was then read the third time and passed the House of Representatives by yeas 54, nays 35.
On motion of Mr. DOUGLASS, Mr. Carter was excused for absence for the balance of the session, on account of sickness.
BANK STOCK TAXATION.
Mr. HUGHES, from a majority of the Committee on the Judiciary, returned the Ways and Means Committee's Bank Stock Tax bill [H. R. 341] recommending its indefinite postponement, for reasons submitted at length in writing.
Mr. McFADIN submitted a minority report, affirming the legitimacy of the principle upon which the bill proceeds
Mr. NEWCOMB confessed his surprise at the report, whilst entertaining the highest respect for the members of the committee individually. He reviewed the reasoning of the majority report.
Mr. ROSS replied.
Mr. McFADIN followed, declaring the rectitude of the principle for equal taxation of bank stock as other property.
Mr. BELFORD spoke five minutes against the expediency and constitutionality of the bill, especially the ninth section.
Mr. CHAMBERS arrested debate, by interposing the previous question.
Mr. NEWCOMB closed the debate as author of the bill, insisting that this fifteen or sixteen millions of property in the State of Indiana shall not go untaxed. He would not insist on the ninth section, authorizing the municipal tax.
The vote on the adoption of the minority report resulted - yeas 74, nays 13 - as follows:
YEAS - Messrs, Baker. Barrit, Bird, Bischof, Black Blanch, Bobo, Brucker, Chambers, Gory, Crowe, Danaldson, Edmonson, Evans, Ferris, Foulke. Funk, Greisendorf, Gordon, Hartman, Higgins, Hopkins, Honneus, Hostetter, Hudson, Hungate, Kizer, Long of Jackson, Lopp, Martin, Mason, McCarthy, Mcdasky, McFadiu, McMurry, Moore, Morrison, Montgomery, New-comb, O'Neil, North, Prather, Ratliff, Scammahorn, Shanks, Shields, Shook, Shoaff, Shull, Shuey, Skidmore, Smith, of Wabash, Spencer, Stackhouse, Stafford, Stewart, Tebbs, Thacher, Thrasher Thomas, Van Valkenburgh, Vawter, Wason, Watson, Williams, Wilson, White, Wolfe, Wolflin, Wright and Mr. Speaker - 74.
NAYS - Messrs. Belford, Daggy, Bonn, Griggs, Hughes, Long of Koscuisko, McLean, Miller, Peelle. Ross, Rosser, Sabin and Wolfer - 13.
So the minority report was concurred in.
The bill was then read the second time.
Mr. HUGHES moved to amend by striking out the ninth section, (which, he said, is clearly in the face of a decision of the Supreme Court,) and inserting these words in lieu:
"Nothing in this or any other act shall be so construed as to authorize the taxation of stock of the Bank of the State of Indiana, or any National bank, for municipal purposes."
After debate by Messrs. CRAIN, WOODS and HUGHES -
Mr. NEWCOMB proposed to amend the amendment by striking put the matter proposed to be inserted in lieu.
The SPEAKER. Better divide the question. The first question is on striking out.
The ninth section was stricken out.
The words in lieu were inserted.
Mr. ROSS proposed to amend the third section so as to provide "that the stock of each bank shall be assessed against each individual stockholder in the county where such stockholder resides, provided he resides in the State of Indiana."
Mr. NEWCOMB opposed the amendment, as fatal to the bill.
Mr. CROWE saw no difficulty about the amendment. It was the same principle that now governs the assessment of railroads.
Mr. NEWCOMB showed from the proviso of the act of Congress, that the stock must be taxed at the place where the bank is located, and not elsewhere.
Mr. Ross's amendment was rejected - 34 to 53 - as follows:
YEAS - Messrs. Belford, Crain, Crowe, Danaldson, Dunn, Edmonson, Evans, Foulke, Funk, Gordon, Green, Honneus, Hughes, Kiser, Mar-
page: 429[View Page 429]tin, McLean, Miller, Moore, Morrison, O'Neil, North, Peelle, Ratliff, Ross, Rosser, Scammahorn. Shanks, Shields, Shull, Smith of Wabash, VanValkenburgh, Wilson, Wolfer and Mr. Speaker - 34.
NAYS - Messrs. Barritt, Bischof, Black, Brucker, Campbell, Carter, Chambers, Cory, Daggy, Douglass, Ervin, Ferris, Geisendorf, Greer, Griggs, Hartman, Higgins, Hopkins. Hostetter, Hudson. Hungate, Litson, Long of Kosciusko Lopp, Mason, McClasky, McFadin, McMurray, Montgomery, Newcomb, Prather Shook, Shoaff, Shuey, Skidmore, Smith of Lagrange, Spencer, Staekhouse, Stafford, Stewart, Tebbs, Thacher, Thrasher, Thomas. Vawter, Wason, Watson, Williams. White, Wolfe, Wolflin, Woods and Wright - 53.
Mr. NEWCOMB moved that the bill be considered as engrossed, and put on its passage, it having been hereto 'ore passed the second reading.
The bill was passed the House, yeas 84, nays 0.
On motion of Mr. HIGGINS, the rule for night sessions was rescinded.
On motion of Mr. FERRIS, the bill from the Senate, No. 41, enabling cities, towns and townships to purchase and hold stock in turnpike, rail and other roads, was taken from the table and placed in the files of the House.
On motion of Mr. SCAMMAHORN, the vote rejecting the liquor license bill [S. 46] was reconsidered.
On motion by Mr. FOULKE, it was referred to a select committee of five, which the Speaker appointed,namely: Messrs. Foulke. Hughes, Morrison, Spencer and Stackhouse.
On motion of Mr. GREEN, the bill No 74 was taken from the table and placed again on the files.
On motion of Mr. MILLER, the Masonic Buildings bill [S. 175] was taken up and passed to the third reading.
On motion of Mr. GORDON, the 23d Common Pleas District bill [S. 244] was taken up and passed to the third reading.
On motion of Mr. DUNN, the Hog Cholera Prevention bill [S. 215] was taken up.
Mr. DUNN submitted an amendment to the title; so that it may read:
"An act to prevent the spread of the disease commonly called hog cholera, and Spanish fever among domestic animals, and to prevent the importation of animals having any contagious or infectious disease."
The SPEAKER. It is not in order to amend the title at this stage of the bill.
Mr. DUNN proposed to amend by adding a section to this effect:
SEC. 4. Any person importing into this State anp hog, sheep, or other domestic animal infected with any contagious disease, shall be liable to the penalty herein mentioned.
The amendment was adopted and so the bill passed to the third reading.
The House then adjourned.
