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.
