HOUSE OF REPRESENTATIVES.
TUESDAY, January 15, 1867.The House met at 9 o'clock A. M.
The journal of yesterday was read and approved.
The SPEAKER laid before the House the communication of John M. Larue, attorney for Joseph Cooper, Hiram Shaw and J. D. Shaw, for withdrawal of Cooper and Shaw's donations for site of Agricultural College.
The SPEAKER laid before the House the communication of John N. Evans, attorney of John H. O'Neill, withdrawing from the office of the Secretary of State his papers contesting the Daviess county election of Representative, stating that the Secretary of State hesitated about complying with the application to withdraw them.
On the motion of Mr. VAWTER, it was ordered that they be sent back.
STANDING COMMITTEES.
The SPEAKER announced the following standing committees of the House of Representatives:
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ON ELECTIONS.
Messrs. Shuey, Moore, Smith of Wabash, Barrett, Hudson, Williams and Gordon.
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ON WAYS AND MEANS.
Messrs Newcomb, Miller, Hopkins, Thacher, Wright, Morrison and Higgins.
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ON THE JUDICIARY.
Messrs. Hughes, Daggy, Smith of Lagrange, Ross, Griggs, McFadden and McLean.
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ON ORGANIZATION OP COURTS OF
JUSTICE.
Messrs. Peele, Moore, O'Neil, Campbell, Montgomery, Dunn and Hayes.
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ON BANKS.
Messrs. Hopkins, Geisendorff, Greer, Newland, Higgins, Crowe, and Long, of Kosciusko.
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ON EDUCATION.
Messrs. McLean, Bischof, Smith of Lagrange, Corey, Mason, Stackhouse and Ratliff.
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ON STATE PRISON, SOUTH.
Messrs. Higgins, Wright, Bobo, Spencer, Shoaff, Evans and Woods.
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ON STATE PRISON, NORTH.
Messrs. Brucker, Wolflin, Wolfe, Thacher, Honneus, Fuller and Dunn.
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ON SWAMP LANDS.
Messrs. Wood, Wolfer, Belford, Van Valkenberg, Mason, Kizer and Morrison.
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ON MILITARY AFFAIRS.
Messrs. Litson, Blanch, Hayes, Prather, Greer, McCloskey and Crowe.
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ON CLAIMS.
Messrs. Wright, Blanch, Erwin, Lopp, Stafford, Long of Jackson, and Ferris.
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ON TRUST FUNDS.
Messrs. Funk, Thompson, Hungate, Woods, Inman, Sabin and Wolfe.
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ON FEES AND SALARIES.
Messrs. Sabin, Shook, Martin, Vawter, White, Stewart and Shanks.
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ON SINKING FUND.
Messrs. Miller, Hopkins, Newcomb, Matthis, Foulke, Edmondson and Ratliff.
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ON RIGHTS AND PRIVILEGES,
&C.
Messrs. Scammahorn, Chambers, Martin, Bird, McCloskey, Black and White.
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ON RAILROADS.
Messrs. Grain, Hughes, Hopkins, Hartman, Honneus, Belford and Shull.
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ON MANUFACTURES AND COMMERCE.
Messrs. Geisendorff, Skidmore, Shanks, Thomas, Carter, Watson and Vawter.
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ON PUBLIC PRINTING.
Messrs. Rosser, Bishof, Fuller, Shuey, Long of Jackson, Hostetter and Wilson.
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ON ROADS.
Messrs. Thacher, Skidmore, Wolflin, Williams, Douglass, Ferris and Inman.
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ON COUNTY AND TOWNSHIP
BUSINESS.
Messrs. Mason, North, Shoaff, Rosser, Shields, Shook and Tebbs.
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ON AGRICULTURE.
Messrs. Donaldson, Wason, Martin, Shanks, North, Shull and Honneus.
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ON SCIENTIFIC AND BENEVOLENT
INSTITUTIONS.
Messrs. Stewart, Griggs, Moore, Baker, Funk, Bird and Hamilton.
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ON TEMPERANCE.
Messrs. Daggy, Foulke, Prather, McFadden Sabin, Thacher and Wolfer.
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ON MILEAGE AND ACCOUNTS.
Messrs. Hartman, Peelle, Stackhouse, Spencer Scammahorn, Green and Donaldson.
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ON CORPORATIONS.
Messrs. Chambers, Brucker, Bassett, Bobo, Carter, Crain and Watson.
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ON CANALS.
Messrs. Smith, of Wabash, Stafford, Evans, Douglass, Kosser, Skidmore and Hungate.
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ON PUBLIC EXPENDITURES.
Messrs. Campbell, Sabin, McMurray, Hartman, Newland, Tebbs and Greer.
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ON FEDERAL RELATIONS.
Messrs. Foulke, Belford, Gordon, Van Valkenberg, McLean, O'Neil and Ross.
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ON THE AFFAIRS OF THE CITY OF
INDIANAPOLIS
Messrs. Hamilton, North, Corey, Erwin, Baker, Kizer and Thomas.
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ON ENGROSSED BILLS.
Messrs. Chambers, Scammahorn. Edmonson, Smith, of Lagrange, Crowe, Williams and Evans.
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JOINT COMMITTEE ON ENROLLED
BILLS.
Messrs. McCarthy, Dunn and Edmonson.
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JOINT COMMITTEE ON PUBLIC
BUILDINGS.
Messrs. McMurray, Litson and Matthis.
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JOINT COMMITTEE ON STATE
LIBRARY.
Messrs McCarthy, Peelle and Black.
- JOINT COMMITTEE ON CANAL FUND. Messrs. Belford, Wilson and Montgomery.
On motion of Mr. CRAIN, it was ordered, that three hundred copies of the List of Committees, with the Order of Business, be printed for the use of the House of Representatives.
Mr. HIGGINS suggested that, by the act of last session an order to print requires a concurrent vote of both Houses and the signatures of the Governor and Secretary of State.
Mr. CRAIN and Mr. STEWART. Then can we order no printing?
The SPEAKER directed the reading of the act.
Whereupon, Mr. SHUEY submitted in writing, a modification of the motion, requesting the Governor and Secretary of State to sign the order, which was accepted.
So the order was agreed to.
PETITIONS AND MEMORIALS.
Mr. FULLER presented the petition of R. C. Slaughter and others, of Newburgh, Warrick county, asking Surgeons' pay for Dr. Tillman, from March 6th to June 12th, 1862, and requesting interposition to have his name placed on the Pension Rolls, and that he be paid according to his rank - he having never been mustered into the service. He presented also papers from Col. Owen and others in the matter.
They were referred to the Committee on Claims.
Mr. PRATHER presented the petition of John Slott and others, asking for remuneration for losses of property sustained in the Morgan raid.
It was referred to the same Committee.
NATIONAL DEBT.
Mr. CRAIN, from the select Committee thereon, reported back his joint resolution [H. R. No. 2] with reference to payment of National debt, recommending its passage. It goes to the files in the calendar.
SINKING FUND BUILDING-SALE SUSPENDED.
Mr. NEWCOMB introduced a joint resolution [H. R. No. 4] for suspending the sale of the Sinking Fund Building in the city of Indianapolis, arid to provide for the sale of the same.
[It proposes to postpone said sale thirty days from January 16, 1867, and to appoint a joint committee to inquire into and report the propriety of the purchase of said (Bank) building by the State.]
Mr. NEWCOMB gave reasons for the proposition. It was not a favorable time to sell the property. It could not now bring the price it ought to. The Governor had recommended the providing of rooms for the Supreme Court and the State offices; and he desired the State to purchase the building for these purposes.
Mr. McLEAN trusted that the proposition would be sanctioned by the House. He understood that the building was worth from thirty-five to forty thousand dollars. It was proposed to be procured now for eighteen to twenty thousand dollars.
Mr. NEWCOMB gave notice that at the proper time he would propose an amendment postponing the sale sixty days.
Mr. VAN VALKENBURGH. Was the sale imperative?
Mr. NEWCOMB and Mr. McLEAN explained that it was-to be sold to-morrow.
Mr. KISER considered the sale could not effected any better in thirty or sixty days than now.
Mr. NEWCOMB explained further: It might not be worth any more; but there never yet had been any serious permanent decline in property in this city. His object was that the State should be purchaser, he proceeds to go into the school fund, he showed its probable adaptability for the Supreme Court and State offices. And his motion -
The constitutional provision requiring such propositions to be read on three several days of the session, was suspended, by yeas 79, nays 12.
The joint resolution was then read the second time.
Mr. Newcomb's amendment, postpone page: 41[View Page 41] ing the sale 60 days was now adopted, and the joint resolution was read the third time, and passed the House of Representatives yeas 91, nays 1.
NEWSPAPER REPORTERS.
Mr. VAN VALKENBURG offered the following:
Resolved, That the Clerk of the House of Representatives be directed to furnish to the reporters of the various daily newspapers represented in this House, so much stationery as may be necessary for their use in reporting the proceedings of this House, keeping an account thereof, and reporting the same to the House at the close ot the session.
It was laid on the table.
ASSESSMENT FOR TAXATION.
Mr. SABIN offered the following:
Resolved, That the Committee on the Judiciary be instructed to inquire what further legislation, if any, is necessary to secure the just and equitable assessment and taxation of property in this State, as is contemplated by the Constitution of the State of Indiana, and report by bill or otherwise.
The resolution was adopted.
NEGRO SUFFRAGE.
Mr. CORY offered the following:
WHEREAS, The loyal voters of the District of Columbia did, on the day of, 1865, by an almost unanimous vote, declare their unwillingness to have the right of suffrage conferred on the colored persons within the said District;
AND WHEREAS, The Congress of the United States did on the day of January, 1867, over and in defiance of the President's veto, and in opposition to the will of the people, so expressed, confer suffrage upon said persons ; therefore,
Be it Resolved, That as representatives of a people who would repel the idea of conferring suffrage upon the same class of persons within the State of Indiana, we do emphatically condemn and disapprove of such action
Mr. LITSON moved to lay it on the table.
Mr. THACHER demanded the previous question.
Mr. NEWCOMB. It was probably generally desired to debate the proposition, and he hoped the gentleman from Jefferson would withdraw his motion.
Mr. LITSON acquiesced.
The resolution was referred to the Committee on Federal Relations.
TOWNSHIP COMMON SCHOOLS.
Mr. SMITH, of Lagrange, introduced a joint resolution [H. R. 5,] proposing an amendment to Article VIII of the Constitution, so as to enable townships to levy tax for the support of common schools.
It was referred to the Judiciary Committee.
BUSINESS OF THE STATE PRINTER.
Mr. PEELLE submitted the following:
Resolved, That a Committee of three be appointed to investigate the business done by the State Printer for the State under existing laws, to examine into all communications and transactions had by him, or by any person connected with the State Printer's establishment, with any of the members or officers of either House of the General Assembly, touching the passage or phraseology of laws affecting the State Printer; to enquire into the kinds of work done by the State Printer for the State, and the amount received from the State for each kind; to ascertain what legislation may be necessary to protect the interests of the State in the matters of State printing in all its branches : said committee having power to send for persons and papers, and being instructed to report to this House, at as early a day as practicable.
Mr. NEWCOMB said: An investigation in regard to the action of the General Assembly might take much time; but he did not intend to oppose investigation into anything done by the General Assembly, or in the office of the State Printer.
Mr. PEELLE said: He aimed no reflection upon any party; but he had heard of insinuations, and it was but justice to the State Printer that an investigation be had.
The resolution was adopted.
M. & I. RAILROAD.
On motion of Mr. PRATHER, it was
Resolved, That the Secretary of State furnish for this House a complete copy of each and all the contracts that exist between the State of Indiana and the parties to whom the State sold her interest in and to the Madison and Indianapolis Railroad ; and also an abstract of all subsequent sales and transfers made by parties of said railroad since the State parted with her interests to the same.
ADDITIONS TO CITIES AND TOWNS.
Mr. ROSSER offered the following:
Resolved, That the Committee of Ways and Means be directed to inquire into the expediency of enacting a law requiring all persons who shall plat additions to any city or town in this State, to have the lands embraced in such additions transferred for taxation by the Auditor of the county in which they are situate, on the duplicate as lots, before such plats are recorded, and allowing the said Auditor a fee of ten cents per lot for such transfer, and requiring the proper Assessor to value such lots for taxable purposes at the usual time of assessing personal, property in the year next succeeding the recording of such plat; and that the committee be directed to report at an early day by bill or otherwise.
It was adopted.
EIGHTH DISTRICT COMMON PLEAS.
Mr. THACHER, from the special Committee on the Eighth District Common Pleas bill [H. R. 3], reported the same back, with an amendment, authorizing its publication in the Indianapolis Herald and the Indianapolis Journal.
On his motion the constitutional provision was suspended-yeas 92, nays 4-and the bill was read the second time.
Mr. WRIGHT moved to amend by striking out so much as requires publication in the newspapers. It was a useless expenditure. The emergency clause was sufficient.
Mr. THACHER explained the necessity of the provision, though he also was opposed generally to ordering the publication of bills in the newspapers.
page: 42[View Page 42]On the motion of Mr. VAWTER, the amendment was laid on the table.
The bill was then passed the second reading, and, subsequently, the third reading in the House of Representatives - yeas 96, nays 0.
14TH JUDICIAL CIRCUIT.
On the motion of Mr. WOODS, the House action of the 11th instant, on his Fourteenth Judicial Circuit bill was reconsidered, and it was referred to a Special Committee composed of one member from each county named in the bill.
NEW PROPOSITIONS.
Bills for Acts of the General Assembly, numbered and titled to the following effect, were now introduced:
By. Mr. HIGGINS: [H. R. 26] to repeal the act to enforce the XIII Article of the Constitution, approved June 18th, 1852.
It was referred to the Committee on Rights and Privileges.
By Mr. SHUEY: [H. R. 27] to authorize incorporated towns to prepare, issue and sell bonds to erect school buildings, and to authorize and levy school tax to pay such bonds. [The erection of the building to cost not more than $30,000.]
Referred to the Committee on Corporations.
By Mr. PEELLE [H. R. 28] to divide the State into Congressional Districts, and repealing all laws in conflict therewith.
Referred to the Special Committee of Eleven,on that subject.
By Mr. BASSETT [H. R. 29] for the relief of Walter G. Prather of Bartholomew County.
Referred to the Committee on Claims.
By Mr. SABIN,[H. 30] to amend the act regulating general election, and prescribing the duties of officers in relation thereto. [The amendment is to require election boards to count the votes before they adjourn ] It was referred to the Committee on Elections.
By Mr. BAKER, [H. R ,3] dividing the State into districts for Congressional Representation. It was referred to the Special Committee.
By Mr. PRATHER. [H. R. 32] to divide the State into Congressional Districts.
It was referred to the Special Committee on Congressional Apportionment.
By Mr. STEWART, [H. R. 33] same sublet. It was referred to the same committee, without reporting the title.
By Mr. McFADDEN, [H. R. 34] to amend the act entitled an act to amend the 4th section of the act to provide for the protection of wild game, approved February 26, 1857, and March 9, 1861. [It extends the time of prohibition against taking prairie hens or chickens from the 1st to the 16th of August in each year.]
It was referred to the Committee on the Judiciary.
By Mr. WOODS, [H. R. 35] for a registration law. It was referred, without reporting the title.
By Mr. MONTGOMERY, [H. R. 36] to amend sections 1, 3, 4, 8,17, and repeal other sections of the act authorizing County Commissioners to organize turnpike companies, and provide that the same shall be free: approved March 6, 1865. It was referred to the Committee on Roads.
By Mr. WHITE, [H. R. 37] declaring bribery a felony, and to compel the attendance of witnesses in relation thereto, [on conviction, a fine not less than $50 nor more than $5,000, with imprisonment.]
It was referred to the Committee on the Judiciary.
By Mr. HARTMAN, [H. R. 38] to amend the first section of the act to change the time of holding the Circuit Court in the Tenth Circuit,and to extend the term in Alien county, and provide for compensation of the Judge thereof, etc. [Term in Allen county to be extended as long as the business shall require - if beyond three weeks, the Judge to be paid from the county treasury.]
It was referred to a special committee of one member from each county named in the bill.
By Mr. MORRISON, [H.R. 39] to legalize and declare valid and legal all orders, judgments and other proceedings before the Common Pleas Court in Clinton county, held in the months of October and November, 1865.
It was referred to the Committee on the Judiciary.
By Mr. CAMPBELL, [H. R. 40,] to amend section 240 of the Practice Act. [It proposes in action of damages for assault and battery committed on the person of the wife, the wife may be a competent witness against the husband.] It was referred to the Committee on the Judiciary.
By Mr. HUGHES, [H. R. 40] to provide for and regulate the issue and the granting of license to locomotive engineers in the State of Indiana, and providing penalty for the violation thereof. It was referred to the select committee appointed under Mr. Hughes' resolution adopted yesterday.
By Mr. HUGHES, [H. R. 42,] to prevent the breaking of a quorum in the State Legislature, and prescribing punishment therefor. [Any member contumaciously refusing to vote shall be deemed guilty of a misdemeanor, and on conviction, fined $1,000, the Marion Circuit Court to have jurisdiction.]
Mr. H. said: Thinking we have some work before the House which makes it important that this bill should become a law at once, so that it may not be an ex post facto law,, he moved that the bill be printed and made the special order for to-morrow at 2 o'clock; hoping if it meets the approbation of the House, that the bill will be put through as speedily as consistent with the public interest.
The motion being modified so as to order 100 copies for the Senate and 200 copies for the House, it was agreed to.
The House took a recess till 2 o'clock P. M.
AFTERNOON SESSION.
Mr. McLEAN moved a suspension of the order of business [which was agreed to,] and thereupon he introduced a joint resolution [H. R. 6] authorizing the State Librarian to draw $1,000 from the State Treasury for postage stamps for use of the General Assembly.
Mr. SHUEY proposed an amendment for an emergency clause.
Mr. McLEAN would accept if in order. On his motion the joint resolution was referred to a Special Committee of three - Messrs. McLean, Newcomb and Miller.
In the orders of the day -
Mr. Miller's bill [H. R. 2] to authorize the Preacher's Aid Society to pay over its assists to the four Methodist Episcopal Conferences of the State, and cease to exist, was taken up and passed the second reading.
Mr. McFadden's Coroner's Fees W [H. R. 4] introduced last Friday, was passed page: 43[View Page 43] the second reading, and referred to the Committee on Corporations.
ELECTION LAWS.
Mr. Higgins' election law bill, [H. R. 18] coming up, it was passed the second reading.
Mr. HIGGINS explained its provisions. The law now provides that election boards may adjourn one hour for dinner: also, that the boards may adjourn over night to complete the count. He would repeal these.
Mr. ROSS thought it better to be referred to the proper committee. He was in favor of the bill.
Mr. HIGGINS said two favorable reports on this bill had been submitted unanimously by formerCommittees on Elections.
Mr. SABIN also had a bill on this subject, and thought it best to have them all referred to the same committee.
The SPEAKER. The bill has been ordered to its engrossment.
Mr. MILLER asked and obtained consent to take up his Registration bill [H. R. 25], and moved to reconsider the vote by which it was referred to the Judiciary Committee.
The motion was agreed to.
The bill was now read the second time.
Mr. MILLER moved to print two hundred copies, and that the bill be referred again to the Judiciary Committee.
Mr. WOODS objected.
Mr. WOLFE considered all bills on this subject should go to the same committee.
Mr. KIZER proposed the Committee on Elections, which committee having all these propositions before them, would be able to report a satisfactory law.
Mr. MILLER had made the motion to print at the request of others. He now withdrew it.
The bill was then referred to the Judiciary Committee.
NEW PROPOSITIONS.
Mr. HAMILTON asked and obtained leave to introduce a bill [H. R. 43] for an act to provide for a registry of voters, defining residence of voters, and to punish fraudulent practices in elections.
It was referred to the Committee on the Judiciary.
A message from the Senate announced a concurrent resolution of that body for a joint committee to inquire into the expediency of providing suitable rooms for the Supreme Court and Chambers.
Mr. WOODS obtained leave to introduce a bill [H. R 44] for an act supplemental to an act to exempt certain property from execution.
It was referred to the Committee on Rights and Privileges.
Mr. WRIGHT obtained leave to introduce a bill [H. R. 45] for an act to enable town trustees to layout new streets, to straighten and widen those already laid out, and to cause obstructions to be removed.
It was referred to the Committee on Corporations.
Mr. KIZER presented the petition of E. Zimmerman and others, asking tor abolition of the grand jury system.
He moved that it be referred to the Committee on Ways and Means; but -
On motion of Mr. FULLER, it was referred to the Committee on the Judiciary.
On the motion of Mr. STEWART, the Senate concurrent resolution above communicated was taken up, and he moved concurrence, which was agreed to.
Subsequently -
The SPEAKER makes said Joint Committee, on the part of the House, to consist of Messrs. Geisendorff, O'Neil and Foulke.
The SPEAKER announced the following special committees:
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ON FINANCE - THE NATIONAL DEBT.
Messrs. Newcomb, Ross, Crain, Thacher and Hopkins.
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ON HOUSE OF REFUGE.
Messrs. Shuey, Crain, Stewart, Shull and Scammahorn.
ALFRED WILLIAMS.
Mr. HUGHES asked and obtained leave to introduce bill [H. R. 46] for an act for the relief of Alfred Williams, Treasurer of Brown county, Indiana. [It proposes to relieve said Treasurer from the payment of $1,279 81, State funds, stolen from his office.]
Mr. H moved that it be referred to the Committee on Ways and Means, with instructions to inquire into the facts rehearsed in the preamble, and report, &c.
The motion was agreed to,
And then, at 5 1/2 o'clock, the House adjourned till to-morrow, at 2 o'clock P. M.
