HOUSE OF REPRESENTATIVES.
MONDAY, March 11, 1867.House met at 9 o'clock, A. M.
On motion of Mr. GREEN, the reading, of the journal of yesterday's proceedings was dispensed with.
THANKS TO THE SPEAKER.
On motion of Mr. THACHER, it was -
Resolved, That the thanks of this House are due, and are hereby tendered, to the Hon. D. C. Branham for the ability, impartiality and courtesy with which he has presided over the deliberations of the House of Representatives.
THANKS TO THE CLERKS AND OTHER EMPLOYES.
Mr. GREEN offered the following:
Resolved, That the thanks of the House are due to the Hon C. F. Nixon Principal Clerk, and his assistants, for the efficient and faithful manner in which they have discharged their official duties.
On motion by Mr. WHITE, it was -
Resolved, That the clerks, doorkeepers and employes of the House are entitled to the thanks of the members for the prompt and efficient manner in which they have discharged their several duties.
page: 452[View Page 452]BREVIER REPORTS - ACTS - JOURNALS.
Mr. SHUEY offered the following:
Resolved, That the State Printer is hereby directed to transmit by express or otherwise to the members and officers of this House entitled thereto, the number of bound volumes of the Journals, Acts, and BREVIER REPORTS of this General Assembly, to which they are entitled by law, as soon as the same are published.
The SPEAKER ruled it out of order but -
Mr. CRAIN moved to amend by adding the following words: "Provided that said documents shall be wrapped and directed to each member and sent with the laws of the session."
Mr. MONTGOMERY made an ineffectual motion to lay the amendment on the table.
The amendment was agreed to.
The resolution, as amended, was adopted.
THANKS TO GOVERNOR BAKER.
On motion of Mr. TEBBS, it was -
Resolved, By the House of Representatives of the General Assembly of Indiana, that the thanks of this House are hereby tendered to his Excellency, Governor Conrad Baker, for the gentlemanly courtesy and kindness which was so eminently characterized all of his official intercourse with this House, and that in severing for the present with official connexion between the Governor of the State and the General Assembly, this House desires to place upon the public records its appreciate of these exated qualities and high principles of honor which have ever, even amid the fierce clash of political sentiment and partisan strife, elevated immeasurably the character of our gubernatorial chair.
THANKS TO EMPLOYES.
On motion by Mr. McFadin it was -
Resolved, That the thanks of thise House be tendered to Mr. Leander Chipman for his courteous, gentlemanly manners, and efficiency in attending to the duties of Postmaster of this House.
On motion by Mr. STACKHOUSE, it was -
Resolved, That the thanks of this House are hereby tendered to Mr. Samuel Brown, mail carrier for the very efficient manner in which he has performed his duties.
Mr. SABIN, from the Committee on Fees and Salaries, returned the bill [H. R. 147,] reporting want of time for consideration. It was laid on the table.
KIZER'S SCRAP BOOK
On motion by Mr. KIZER, it was -
Resolved, That the Auditor of State be requested to furnish Hon. Peter Kizer a note of each free bank non-cancelled, which maybe be in his possession, for the purpose of insertion in his scrap book.
THANKS TO A CLERK.
On motion of Mr. Baker, it was -
Resolved, That the thanks of this House be and the same are hereby tendered Hon. Captain P. A. B Kennedy, first Assistant Clerk, for his official course and gentlemanly courtesy during the present session.
SOLDIERS' CLAIM AGENCIES
Mr. LITSON offered the following:
WHEREAS, the General Assembly, at its present session, passed a joint resolution creating military claim agencies at the cities of Washington and Indianapolis, for the collection of soldiers' claims against the General Government, and the friends of said resolution having urged as a reason for its passage that it was intended to benefit the soldiers only, therefore, be it
Resolved, By the House of Representatives (the Senate concurring) that we earnestly recommend His Excellency Governor Conrad Baker to appoint to said agencies none but soldiers who served in the late war for the suppression of the rebellion at least three years, or have been wounded and have received an honorable discharge from the United States service.
It was adopted.
On motion of Mr. DAGGY the Judiciary Committee were requested to return the bill S. 198.
MORE THANKS TO EMPLOYES.
On motion of Mr. GREEN it was -
Resolved, That the thanks of this House are due and hereby tendered to Capt. John Campbell, Doorkeeper, and his assistants, for the ver[ ]able and efficient manner in which their duties have been performed.
On motion by Mr. McFADIN it was -
Resolved, That the thanks of this House be tendered to Mr. S. H Cobb, Speaker's Clerk, for the gentlemanly courtesy and efficient manner in which has performed the duties pertaining to said position.
The PRINTING THE ACTS IN GERMAN.
Mr. SMITH, of Wabash, offered the following:
Resolved, By the House of Representatives (the Senate concurring) that the State Printer is authorized to print five hundred copies of the acts of the General Assembly passed at the present session in the German language.
On motion by Mr. BISCHOF, it was laid on the table.
INDIANAPOLIS DAILY PAPERS.
On motion by Mr. CHAMBERS it was -
Resolved, That the publishers of the Daily Journal, Herald, and Gazette be requested to send a copy of their respective papers containing a list of the acts passed at the present session of the Legislature, to the members of this House.
MORE THANKS.
On motion by Mr. SHOOK it was -
Resolved, That the thanks of this House are hereby extended to the State librarian for the cordial and impartial manner in which he has continued the duties of that office.
BILLS HELD BY MEMBERS.
On motion by Mr. SHUEY it was -
Resolved, That all committees and members be requested to return to the House all bills in their hands, to be placed on file by the Clerk.
Mr. McFADIN obtained and, and voted "nay" on the school bill [S. 117] making no distinction between negro and white children.
page: 453[View Page 453]Mr. PEELLE returned the bills H. R. 31, 32, 33, 79 and 110, and -
Mr. CHALMERS, from the Committee on Corporations, returned the bills H.R 165, 192, 239, 271, and resolutions 11 and 14, without recommendation.
CORRESPONDENCE WITH THE GOVERNOR.
On motion by Mr, HIGGINS it was -
Resolved, (The Senate concurring) That a Committee of three on the part of the House, and a like number on the part of the Senate, be appointed to wait on the Governor to ascertain whether he has any further communication to make to this General Assembly.
The SPEAKER appointed Messrs. Higgins, Daggy, and Tebbs the House Committee.
PRINTING THE LAWS IN GERMAN.
Mr HAMILTON offered the following:
Resolved by the House of Representatives, (The Senate concurring,) That the State Printer is hereby authorized to print or cause to printed six hundred copies of the acts of the General Assembly passed at the present session in the German language.
Mr LONG, of Jackson, advocated the passage of this resolution, stating that a large number of his constituents were Germans, who could not read our language, and who wished the statutes published in their own language.
The resolution was adopted by yeas 59, nays 10, as follows:
YEAS - Messrs. Baker, Belford, Bird, Black, Blanch, Bobo, Oar er, Chambers, Corey, Crowe, Daggy, Douglass, Dunn, Edmonson, Evans, Ferris, Geisendorff, Green, Greer, Hartman, Hamilton, Honneus, Hostetter, Hudson, Hungate, Kizer, Long of Jackson, Lopp, Martin, McCarthy, McLean, McMurry, Miller, Moore, Morrison, Montgomery, Newcomb, O'Neil, North, Peelle, Prather, Ratliff, Rosser, Scammahorn, Shanks, Shook, Smith of Lagrange, Smith of Wabash, Stafford, Tebbs, Thrasher, Van Valkenburgh, Wason, Watson, Wilson, White, Wolfe, Woods, and Mr. Speaker - 59.
NAYS - Messrs. Danaldson, Ervin, Gordon, Griggs, Hughes, Litson, Sabin, Spencer, Stack-house, and Stewart - 10.
The joint resolution [S. 10] memorializing Congress with reference to the release of Rev. John McMahon, a Fenian prisoner in Canada, was passed by a vote of 70 to 0.
ADJUTANT GENERAL'S REPORT.
On motion by Mr. GEISENDORFF it was -
Resolved, That all the employees of the House be allowed a copy of the Adjutant General's Report, and the State Librarian is hereby authorized to furnish them with a copy ot the same the same to be taken from the volumes deposited in the State Library by the resolution of the last General Assembly.
SALE OF THE STATE'S PILE DRIVER.
On motion by Mr. NEWCOMB it was -
Resolved, (the Senate concurring,) That the Auditor of State be authorized to self at public or private sale, an old pile driver belonging to the State, now at or near Broad Ripple, in Marion county, and that the proceeds thereof be paid into the Treasury to be disposed of according to law.
FEDERAL RELATIONS.
Mr. HOSTETTER offered a series of resolutions, identical with those offered in the Senate by Mr. Sherrod and printed at length hereinbefore in the Senate proceedings.
They were referred to the Committee on Federal Relations.
NIGHT WATCHMAN FOR THE CAPITOL.
On motion by Mr. HARTMAN, it was -
Resolved by the House of Representatives, (the Senate concurring) That the State Library be hereby authorized and directed to employ a night watchman to protect the State House and the property therein,
THE STATE PRISONS.
Mr. HUGHES moved to take up the Senate concurrent; resolution in relation to the leasing; of the State Prisons.
Mr. WOODS made an ineffectual motion yeas 36, nays 41 - to lay this motion on the table
Mr. GREEN said: This is certainly not a political question. If such were the case, I would oppose the Senate concurrent resolution, because it places the disposal of the prisons in the hands of the Republican State officers; but I regard it purely as a question of public economy. Under the present system for the government and management of the prisons, there is a continual drain on the Treasury. Every session of the Legislature we are called upon to appropriate from twenty to sixty thou-sand dollars to keep up and maintain the State prisons, and the fact is that they ought to be self-sustaining. Under the easing system I think the State will get rid of these appropriations, and I will therefore vote for the resolution.
Mr. WOODS insisted that this resolution if adopted would conflict with a law already passed, and raised the point of order that a law could not be repealed by a joint resolution.
The SPEAKER sustained the point of order.
Mr. HUGHES appealed from the decision of the chair.
The question being: Shall the decision of the chair stand as the judgment of the House?
It was so ordered, by yeas 45, nays 31.
THE MORGAN RAID.
On motion of Mr. LOPP, the Senate concurrent resolution in regard to adjusting the claims of damages by the Morgan raid, was taken up.
Mr. WOODS moved to amend by striking out all in reference to any claims other than for acts of the United States soldiers and militia of the State of Indiana.
Mr. LOPP demanded the previous question, and uneer its operation -
The amendment was rejected.
page: 454[View Page 454]The resolution was then adopted by yeas 54, nays 17 - as follows:
YEAS - Messrs. Belford, Black, Blanch, Bobo, Campbell, Corey, Crowe, Douglass, Dunn, Edmondson, Evans, Green, Greer. Griggs, Hamilton, Hays, Honneus, Hostetter, Hudson, Hughes, Hungate, Inman, Kizer, Litson, Long of Jackson, Lopp, Martin, McFadin, McLean, Miller, Moore, Montgomery, Newcomb, O'Neal, North, Peelle, Prather, Scammahorn, Shanks, Shook, Skidmore, Spender, Stackhouse, Stafford, Stewart, Tebbs, Thacher, Van Valkenburg, Vawter, White, Wolfe, Wolfer, WOlflin, and Mr. Speaker - 54
NAYS- Messrs. Chambers, Daggy, Funk, Geisendorff, Gordon, Hartman, Long of Kosciusko, McClasky, McMurrary, Ross, Rosser, Smith of Lagrange, Smith of Wabash, Thrasher, Thomas, Watson and Woods - 17.
The Senate concurrent resolution authorized the removal of the law libray by judges of the Supreme Court, was concurred in.
F.W. MATTHIS.
On motion by Mr. WHITE, it was -
Resolved, That the Librarian be directed to pay over F.W. Matthis, Representative from the counties of Harrison and Washington, [now suffering under a stroke of paralysis-REPORTER] the balance due the latter on stamps and stationery as allowed each member of the House.
A JOURNAL CLERK.
Mr. SCAMMAHORN offered the following:
WHEREAS, Ira Broshears, a journal clerk of this House, owing to an error in the date of his certificate of appointment as such clerk, has not received any pay for five days' service, to which he is justly entitled: Therefore,
Resolved That the Speaker is hereby requested to issue a certificate of pay for said service.
It was adopted.
Mr. CROWE offered the following:
WHEREAS,John Eu Daly was appointed an assistant clerk in the House of Representatives on the 10th day of January 1867, and a discrepancy of six days having occurred in his first order for money; therefore be it
Resolved, That the Speaker of the House of Representatives be directed to issue the Auditor of the State a check therefor, the same to date from the 10th day of January to the 15th day of January, 1867, inclusive.
on motion by Mr. MILLER< it was amended by inserting the name of "Joseph F. TAYLOR for five days."
The resolution, as amended was adopted.
The House took a recess till two o'clock.
AFTERNOON SESSION.
The Senate concurrent resolution ratifying and confirming the appointment of John A. Wilstach as Commisioner of Emigration to represent the State at the Paris Exposition of the industry of all nations was taken up.
On motion by Mr. THACHER the resolution was laid on the table.
PAY FOR AN EMPLOYE.
On motion by Mr. GRIGGS, it was -
Resolved, That the Speaker of this House be and is hereby authorized to sign a warrant for Patrick D. Been, for services as coleman, employed by the Doorkeeper, for 61 days services, and by neglect not by him certified to the Committee on Employes.
CONSTITUTIONAL AMENDMENTS.
The Senate concurrent resolution, proposing to amend the constitution so that cities, incorporated towns, and townships, can levy a tax for school purposes, and also providing that the State shall never pay anything on account of the Wabash and Erie canal; providing for annual sessions of the General Assembly, but prohibiting the members from drawing pay for over sixty-one days was taken up.
The vote on the first proposition showed that there was not a quorum present.
Mr. GREENE offered the following:
WHEREAS, The members of the Legislature are paid five dollars per day;
AND WHEREAS, All have drawn their warrants and received their pay;
AND WHEREAS, Many of the members have left for their homes, without having leave of absence, thereby breaking a quorum; therefore,
Resolved, That all members who have absented themselves without leave, thereby breaking a quorum, are hereby censured by this, and the clerk shall record the names of such absentees.
It was adopted.
On motion by Mr. GEENE, a call of the House was then ordered and sixty seven members answered to their names.
On motion of Mr. STAFFORD, the Doorkeeper was ordered to close the door and send for the absentees.
Pending which -
Mr. DAGGY, in compliance with a resolution of the House reported the number of petitions for a prohibitory liquor law to be 458, with 46 475 signatures: twelve petitions with 1,001 signatures for prohibiting the sale of intoxicating liquors, excepting where a majority of the legal voters of the city, town, ward, or township have signed the petition; three petitions with the names of 211 persons praying for an additional condition that such applicant shall keep an orderly house; three petitions with 135 names asking the better regulation of the liquor traffic; three petitions with 173 names protesting against any legislation whatever, but praying that minors be punished who impose upon and deceive dealers; three petitions with 216 names desiring no legislation, and three petitions with 227 names asking a prohibitory law, and praying that if such a law is not passed that the present law be so amended as to require a majority of the citizens in the ward or township to sign any petition before license should be granted, and in either case drunkenness to be punished as a crime: besides several memorials from various religious bodies.
Messrs. Hughes, Resser and Williams appearing - after they were severally excused -
Further proceedings under the call were dispensed with.
The first proposition, in the Senate concurrent resolution - Special School Tax by page: 455[View Page 455] Cities and Towns - was agreed to by yeas 54, nays 14.
The vote on the second proposition in regard to assuming liabilities growing out of the Wabash and Erie Canal transaction, was yeas 47, nays 21 - as follows:
YEAS - Messrs. Belford, Blanch Bobo, Campbell, Daggy, Danaldson, Dunn, Ervin, Evans, Funk, Geisendorff, Gordon, Greer, Hartman, Hamilton, Hudson, Litson, Long of Kosciusko Lopp, Mason, McClasky, McLean, McMurray, Moore, Montgomery, Newcomb North, Peelle, Prather, Rosser, Scammahorn, Shook, Skidmore, Smith of Lagrange, Mnith of Wa.ash, Spencer, Stackhouse, Stafford, Stewart, Thomas, Wason, Wilson, Wolfe, Wolfer, Woods and Mr. Speaker - 47.
NAYS - Messrs. Crowe, Edmonson, Griggs, Hays, Honneus, Hostetter, Hughes, Inman, Riser, Long of Jackson, Martin, McFadin, Miller, Shanks, Shields, Tebbs, Thacher, Thrasher, Van Valkenburgh, Vawter, and White - 21
Mr. MILLER desired ,to call up the Senate resolution confirming the appointment of Mr. Wilstach as State Commissioner to the Universal Exposition.
The SPEAKER We must dispose of the matter before the House.
Mr. NEWCOMB. I move that we do not concur.
This motion was agreed to.
JOHN A. WILSTACH.
Mr. MILLER stated the facts in connection with the appointment of Mr. Wilstach as Agent for the State to the Paris Exhibition in April next.
Mr. HUGHES recited some passages from Mr. W.'s printed circular or report, and hoped the House would unanimously concur in the resolution.
Mr. HONNEUS insisted that this matter had been up once before since dinner, and laid on the table, and consequently he would not detain the House by presenting his objections to the passage of the resolution.
The SPEAKER. It was informally passed over because there was no quorum.
Mr. HONNEUS Mr. Wilstach being very anxious, like many other gentlemen, to take a trip to Paris, went to the Governor amd got an appointment as Agent for the State; and as I understand it, the Governor told him he had no authority to make the appointment. In conversation with Mr. Wilstach, he told me that he was going there anyhow, and now if you confirm his appointment he will, no doubt, come before succeeding Legislatures with a very heavy claim. We have plenty of Agents of State in Indiana for the purpose of inducing immmigration - most every German in our bor ders is an agent to bring Germans into the State; and as for incurring the liability proposed by this resolution for any such purpose, I am opposed to it, and hope it will not be adopted.
Mr. MILLER. I am astonished to hear my friend oppose the adoption of this resolution; and I cannot suppose that this House desires to disregard the action of the Governor in this case. The Governor has done nothing improper and all I ask is that the House shall do him the courtesy of approving the steps he has taken in this matter.
Messrs. HONNEUS and WOLFE demanding the yeas and nays, they were ordered and being taken resulted - yeas 42, nays 19 - as follows:
YEAS - Messrs. Belford, Blanch, Campbell, Daggy, Danaldson, Dunn, Ervin, Evans, Funk, Gordon, Greer, Griggs, Hart man, Hamilton, Hughes, Litson, Long, of Kosciusko, Martin, Mason, McCiasky, MeLean. McMurray, Miller, Moore, Newcomb, North, Peelle, Prather, Rosser, Scammahorn, Shook, Skidmore, Smith, of Lagrange, Smith, of Wabash, Stafford, Stewart, Thrasher. Thomas, Wason, Wilson, Wolfer, Woods and Mr. Speaker - 42.
NAYS - Messrs. Bobo, Crowe, Edmonson, Geisendorff, Hays, Hunneus, Hostetter, Hudson, Kiser, Long, of Jackson, Lopp, McFadin, Shanks, Shields, Spencer, Stackhouse, Tebbs, Van Valkenburgh and Wolfe - 19.
The SPEAKER. I will say that there is no quorum voting.
Mr. NEWCOMB, I move that we adjourn sine die.
Mr MILLER. Before we adjourn I desire to present the report of the Committee appointed to wait on the Governor.
It was read as follows:
Mr. SPEAKER: The Joint Committee appointed to wait on the Governor, to ascertain if he had any further communication to make to this General Assembly, has waited upon his Excellency and he informed said Committee that he has no further communication to make to this General Assembly.
Mr. EDMONSON. I move that the House now adjourn sine die.
The SPEAKER. Gentlemen of the House: The hour for the termination of the present session of the General Assembly has at length arrived. I congratulate the House and the country that our deliberations have been conducted with far less than the usual amount of partisan conflict, bitterness and disorder. It is also a subject of earnest congratulation that a far greater than the average amount of business has been transacted. Among the measures of most significant importance, I may mention a registry law, which is a new measure; a legislative apportionment, which tinder the present constitution is also a new measure; a congressional apportionment law; each and all of which subjects under ordinary circumstances claim and receive much time, consideration and discussion.
page: 456[View Page 456]These have all been happily accomplished, Our record is a long one. What verdict will be pronounced by the people remains to be seen.
It now only remains for me to return my thanks to the members and officers of the House for the kindness and forbearance extended to me in the discharge of the delicate official duties incident to the responsible office which their partiality assigned me. The relations which have here been sustained are now about to be dissolved, that we may resume those of a more endearing character, among the loved ones at home. I wish you each and all a safe return and speedy journey to the unmingled pleasures of kindred and home. I now pronounce this House adjourned sine die.
And so at 4 o'clock, P. M. - the House of Representatives adjourned sine die.
