HOUSE OF REPRESENTATIVES.
FRIDAY, January 18, 1867.The House met at 9 o'clock A. M.
The reading of the journal of yesterday was dispensed with.
UNITED STATES CONSTITUTIONAL AMENDMENT.
Mr. SHUEY (having obtained a suspension of the order of business for the purpose) submitted a report from a majority of the Special Committee on the Constitutional Amendment, recommending the following amendment, viz: in the third line of the the third resolution of said proposed amendment, between the words ''President" and "Vice President," strike out the word "or," and insert the word "and"; and when so amended they recommend its adoption.
In the opinion of a majority of said committee the important and salutary provisions contained in said amendment have been most fully discussed before the people and by the people of this State; and in accordance with a just and. enlightened public sentiment, the people of this State have, at the last general election most emphatically declared in favor of said amendment ; and that therefore this Legislature should promptly ratify the same.
[Signed by]
M. F. SHUEY,
GEO. W SPENCER,
E. D. HARTMAN,
H.
C. NEWCOMB.
Mr. HONNEUS, from a minority of the same committee, submitted objections to the following effect:
1st. The proposed amendment is submitted at a time when the public mind is too much excited by past events.
2d. Only about two-thirds of the States were represented in the Congress submitting it.
3d. The objects and purposes for which it is presented are strictly and merely partisan.
4th, 5th, 6th, 7th and 8th submit objections to the amendment in detail.
page: 62[View Page 62]9th. The majority of this committee style the proposed amendments as "important and salutary." They are important from the fact, that the moneyed power in this country is trying to bring about the same state of affairs now existing in Germany and other monarchical governments, by making the laboring classes pay tribute to the aristocracy. If taxing the laboring man, and not taxing the rich bondholder on his bonds is "salutary," we of the minority propose to take no physic from these learned doctors As for the people deciding in favor of these amendments, we do not believe it; but we do believe that if the people of Indiana had a chance of voting on them they would cast 100,000 majority against them. And if, in the language of the majority, the proposed amendments "have been most fully discussed," they have likewise been most thoroughly misrepresented by the orators of the Republican party. For the reasons thus briefly stated, &c., we shall record our votes against the joint resolutions.
[Signed]
H. C. HONNEUS,
JOHN H. WHITE.
W. B. CARTER.
These reports were laid on the table.
Mr. BIRD obtained leave to record on the final passage of Mr. Hughes' Bolting bill [H. R. 42] He was in favor of the first section of the bill, but on account of the second and third sections, he voted no.
A message from the Senate asked that the joint resolution of the Senate, No. 1, be returned to that body for the correction of an error therein.
On the motion of Mr. SHUEY, (Senate message having been taken up,) it was
Resolved, That said joint resolution be returned to the Senate.
PETITIONS AND MEMORIALS.
Mr. LITSON presented the memorials of H. W. Harrington and fifteen others, law yers of Jefferson county; of William D. Wilson and ten others, lawyers of Ripley county, and of John K. Thompson and six others, lawyers of Dearborn county, ask for remedy for delays about the hearing of causes in the courts, proposing a diminution of the districts and an increase of the length of terms. It was referred to the Committee on the Organization of Courts.
Mr. CLARK presented a petition for a claim.
Mr. STAFFORD presented a petition of certain citizens of Noblesville, and Mr. McMURRY a similar paper, for a prohibitory law. They were referred to the Committee on Temperance.
Mr. WRIGHT presented a road memorial from Renssalaer, Jasper county. It was referred to the Committee on Roads.
Mr. CRAIN presented a petition from Clay county, Mr. NEWCOMB, the petition of W. Willard, which were referred without reading.
Mr. KIZER presented the petition of Wm. Brown and one hundred others, asking for repeal of the act of March 3, 1865, authorizing county bonds. It was referred to the Committee on Ways and Means.
RESOLUTIONS.
Mr. HARTMAN submitted the following:
Resolved, That the Doorkeeper procure for each member of the House one open copy of the Daily Telegraph, so as to place that journal on an equal footing with the other daily papers of the city.
He said there was printed in every copy of this German paper an article in English upon the interests of the German people, That was the reason he offered the resolution.
On motion of Mr. LOPP, it was laid on the table.
On motion of Mr. SHULL, it was
Resolved, That no employe of any committee or officer of the House shall be entitled to pay, unless the appointment of such employe shall have been confirmed by the Special Committee on Employes.
On motion of Mr. McFADDEN, it was
Resolved, That the Committee on Corporations be instructed to inquire into the provisions of the City Incorporation act, approved December 20, 1865, for such imperfections as they may find in said act, and report by bill or otherwise.
Mr. DUNN submitted the following:
Resolved, That the dignity of this General Assembly and the respect that we as a deliberative body owe to our constituents demand that low buffoonery and clownish wit meet with no approbation on the part of members of this House, and that we earnestly deprecate all such demonstrations.
Mr. DOUGLASS made an ineffectual motion to lay it on the table:
And then it was adopted.
Mr. GREER, submitted a preamble and resolution for abolishing the Court of Common Pleas and increasing the circuits of the Circuit Courts.
It was referred to the Joint Committee on the Organization of Courts.
Messrs. O'Niel, Long of Jackson, Morrison, Scammahorn, Bird, Shields and Litson obtained leave of absence till next week.
NEW PROPOSITIONS.
Bills for acts of the General Assembly were introduced, titled and numbered, to the following effect:
By Mr. HIGGINS, [H. R. No. 48] in relation to changing public highways. It was referred to the Committee on Roads.
By Mr. CHAMBERS, [H. R. 49] creating 14th Judicial Circuit and fixing the times of holding courts therein. [Composed of the counties of Madison, Hamilton, Tipton and Howard.]
By same, [H. R. 50] defining what shall constitute the 13th Judicial Circuit, and fixing the times of holding courts therein [Wayne, Randolph and Jay.
By same, [H. R. 51] defining what counties shall constitute the 7th Judicial Circuit, and fixing the times of holding courts therein [Blackford. Delaware, Henry and Hancock.]
These bills were severally referred to the Committee on Organization of Courts.
By Mr. THRASHER, [H. R. 52] to amend sections 3 and 14 of the act to authorize county commissioners to organize turnpike company on petition therefor, &c., approved March 6, page: 63[View Page 63] 1865 [No person shall be compelled to pay for the construction of more than one road till the same shall be complete - condemning gravel, &c., for construction.]
It was referred to the Committee on Roads.
By Mr. RATLIFF, [H. R. 53] fixing the time of holding the Court of Common Pleas in the County of Grant, and repealing all laws in conflict therewith.
It was referred to the Committee on Organization of Courts.
By Mr. McLEAN, [H. R. 54] amending and repealing the several acts authorizing voluntary associations &c , approved February 15, 1852, February 4, 1853, February 9, 1853, and February 12 1855. [It proposes to authorize benevolent private institutions, and establish them as perpetuities.] It was referred to the Committee on the Judiciary.
By Mr. BRUCKER, [H. R. 55] to regulate interest on money and repeal the act regulating Interest on money, and the act concerning interest on money, and all other acts and parts of acts in conflict with the provisions of this bill. [It proposes to raise the legal rate of interest to ten per cent.] It was referred to the Judiciary Committee.
By Mr. HUGHES, [H. R. 56] to establish an Agricultural College, wherein shall be taught such branches of learning, including the agriculture and mechanic arts, &c. It was referred to the Select Committee on the Agricultural College, consisting of the two Committees on Education and Agriculture, under an order creating said committee, (submitted by Mr. H.) to which all Agricultural College bills are to be referred.
By Mr. NEWCOMB, [H. R.57] to suspend till the 20th of February, 1867, the operation of the seventh section of the Sinking Fund act, approved December 21,1865, and declaring an emergency. It was referred to the Committee on the Sinking Fund.
By Mr. MILLER, [H. R. 58] to provide for the election of township officers. [They shall be elected at the general fall elections each year.] It was passed to the second reading.
By Mr. BELFORD, [H. R. 59] to amend sections 2 and 23 of the act for the incorporation of insurance companies, defining their powers and prescribing their duties, approved June 17, 1852. [It proposes to reduce the minimum of capital to $100,000, which may be increased to such amount as the directors may deem advisable, &c ] It was referred to the Committee on the Judiciary.
By Mr. SMITH, of Lagrange, [H. R. 60] to appropriate $200 from the Township Library Fund to defray the expenses of the distribution of the 14th report of the Superintendent of Public Instruction. It was referred to the Committee on Ways and Means.
By Mr. LITSON, [H. R. 61,] to re-district the State for the Court of Common Pleas, fixing the times for holding courts therein, &c. It was referred to the Committee on Organization of Courts.
Mr. CRAIN, [H. R. 62] to regulate the practice of Dentistry in the State of Indiana. [It shall not be lawful for any person to practice dentistry without a diploma from some Dental college or the certificate of qualification from the State Board of Examiners.] It was referred to the Committee on the Judiciary.
JOINT CONVENTION.
On the motion of Mr. NEWCOMB, it was
Resolved, That the Clerk be directed to inform the Senate that the House is now waiting to meet the Senate in joint Convention of the two Houses, as per concurrent order of the two Houses yesterday; and that the Doorkeeper be instructed to provide seats for Senators on the right of the Speaker's Chair.
Whereupon -
The Senators were received, (Representatives standing) and took seats as per order - the Lieutenant Governor presiding on the right of the Speaker.
On the motion of Mr. Representative NEWCOMB, it was -
Ordered, That the elections take place in the order in which the offices to be filled are named in the concurrent resolution.
For Agent of State-
General Walter Q. Gresham received 88 votes, (General Mahlon D. Manson, his competitor, receiving 52 votes,) and was duly elected to serve for two years from and after the expiration of the term of the present incumbent.
For State Printer -
Alex. H. Conner received 88 votes (Lafe Develin receiving 51 votes) and was declared duly elected for two years from the expiration of the term of the present incumbent.
For State Librarian -
Rev. B. F. Foster, of Marion county, received 89 votes (Robert A. Leonard, of Dearborn county, receiving 52) and was declared duly elected to serve for two years from the expiration of his present term.
For Trustee of the Wabash and Erie Canal-General Robert H. Milroy received 89 votes (Hon. Samuel H. Buskirk 53) and was declared to be elected for the legal term.
For two directors of the State Prison South -
Messrs. F. M. Meredith, of Terre Haute, and M. B. Ghee, of Knox county, each received 87 votes (Messrs. Levi Sparks and George D Green receiving each 52) and were declared to be elected for the legal term of four years.
For three Directors of the State Prison, north -
Messrs. James N. Tyner, A. D. Hamrick, and W, D. Crothers each received 89 votes (their competitors, Captain Brophey, R. A. Curran, and Colonel J D. McDonald each receiving 52) and were declared duly elected for the legal term of four years.
Upon the question of the election of trustees for the three benevolent institutions of the State -
Mr. Senator CRAVENS said the act of 1859 in the fourth section, he thought, provides that these directors of benevolent institutions shall be elected by concurrent vote of both houses.
Mr. Representative NEWCOMB. They were elected by joint ballot in convention two years ago, but having the statutory prescription we might as well follow it.
The convention then adjourned sine die and Senators retired.
The SPEAKER now announced the following committee, under Mr. Peelle's resolution, to investigate business done for the State in the office of the State Printer, namely: Messrs. Peelle, Hays and Rosser.
On the motion of Mr. MILLER, it was -
Ordered, That said committee be increased and made to consist of five members.
Mr. HIGGINS moved to suspend the order of business and proceed to the election of Trustees of the Benevolent Institutions, but did not press the motion.
Mr. NEWCOMB submitted a concurrent resolution, (which was adopted), that the two Houses of the General Assembly will, at 3 o'clock this day, proceed to the concurrent vote for the election of Superintendent of the Hospital for the Insane, and one page: 64[View Page 64] Trustee each for the Institutions for the Education of the Blind and the Deaf and Dumb, to hold for four years from the second day of April, 1867.
The House took a recess till 2 o'clock.
AFTERNOON SESSION.
The SPEAKER announced the following committees:
To be added to the Committee on Printing - Messrs. Stackhouse and Hartman.
Joint Committee on the Organisation of Courts - Messrs. Woods, Ross and Griggs.
Special Committee on Mr. Woods' Fourteenth Judicial Circuit bill [H. R. 12] Messrs. Woods, Funk, Smith of Lagrange, Geisendorff, Hartman and Sabin.
In the orders of the day -
The bill of the Senate No. 26 appropriating $75,000 for expenses of the General Assembly, was passed to the second reading.
The bill [S. 21] supplemental to the act of March 5, 1859, authorizing the purchase of railroads, plank roads and turnpike roads under mortgage sale, &c., was read and referred to the Committee on Railroads.
Mr. Crain's joint resolution [H. R. 2] in relation to the interest bearing debt of the United States, coming up on the second reading
Mr. CRAIN was assured that it was the wish of the people that the United States' interest bearing debt should be first paid. There was no reason for taking in the greenbacks. He saw that the recommendation of the Secretary of the Treasury, Mr. McCulloch, had already reduced the price of pork, and induced the present dread of a money crisis. He was opposed to paying off the national debt on a gold basis. Gold was now about 36, and he thought its price should, not be reduced much below that whilst paying this debt. Our views at home should be known to the country and our representatives in Congress.
Mr. KIZER said Hugh McCulloch was once his neighbor, and from what he knew of him, and what he had already done for the finances of the country, he advised the House to be slow how it run against the opinion of the United States Secretary of the Treasury. He was in favor of the Secretary having his way in removing our fictitious money as fast as may be.
[A. message from the Senate announced the vote of that body in the election of one Trustee for each of the Benevolent Institutions ]
Mr. MATTHIS. The only question was whether or not we are willing to trust with Congress this question of a return to specie payments. He was in favor of the return; and therefore, he was opposed to the gentleman's resolution.
Mr. GREER. His constituents were opposed to any contraction of the currency at this time, and in favor of the resolution.
Mr. STAFFORD. Just so much as we reduce the volume of the currency, just so much is our ability reduced to pay the national debt. The agitation of this question had already come nigh to producing a panic.
Mr. KIZER. Would the gentleman tell us in what kind of currency they propose to pay their bonded debt? [Cries of "Order."]
Here under the pressure of the previous question, demanded by Mr. HIGGINS, the joint resolution was passed to the engrossment.
TRUSTEES OF THE BENEVOLENT INSTITUTIONS.
On motion of Mr. NEWCOMB the Senate message in relation to the election of these three trustees was taken up and read by the Clerk, and then -
On motion of Mr. NEWCOMB it was passed over the Senate having taken no notice of the resolution of the House and the law for a simultaneous vote.
EXPENSES OF THE GENERAL ASSEMBLY.
Mr. McFADDEN moved to suspend the order of business for the consideration of the bill [S. 26] appropriating $75,000 for expenses of the 45th session of the General Assembly.
The yeas and nays being demanded thereon, the vote resulted - yeas, 65; nays, 29.
So the bill was taken up.
Mr. McFADDEN then moved a suspension of the constitutional restriction requiring bills to be read once on three separate days.
After debate thereon, in which Messes. Crain, McFadden, Hughes, and Shuey participated, touching the propriety of legislating to prevent men from "bolting," or otherwise violating the law, the votes thereon which is required by the Constitution to be taken by yeas and nays, resulted - yeas 77, nays 17.
So, two-thirds voting in the affirmative, the bill was read the second time.
Mr. SHULL proposed to amend, by striking out "$3" and inserting "$2," wherever it occurs in relation to pages.
Mr. HIGGINS. At the last session we passed a law on this subject, giving what is allowed in the bill in most cases. But in that law we pay but two dollars a day to the pages. Therefore he was in favor of the amendment.
Mr. BAKER thought the provision of the law for compensation of pages expired by limitation with that session. And a reference to the statute sustained him.
page: 65[View Page 65]Mr. NEWCOMB gave notice of an amendment to add an appropriation for the Benevolent Institutions, which were now shinning along for money as best they could.
Mr. THACHER moved to lay Mr. Shull's amendment on the table.
The motion was rejected - yeas 12, nays 80.
The amendment was adopted.
Mr. CRAIN moved to refer the bill to the Committee on Ways and Means. It showed some inequity in the bill - such as $5 a day to room cleaners, &c., and $4 a day for the clerks, which could not be well amended here now.
Mr. McFADDEN offered considerations against the motion to commit.
Mr. McLEAN demanded the previous question on the motion, and under its force the "bill was referred to the Committee - affirmative 47, negative 34.
Mr. NEWCOMB moved to send to the committee with the bill an amendment, by way of additional section, appropriating for expenses of the benevolent institutions from the first of October, 1866, to the first of March, 1867, for the Hospital of the Insane, $20,000; for the Blind Institution, $15,000, and for the Institution far the Deaf and Dumb, $12,500.
It was so ordered.
Mr. McLEAN moved that the House go now into the election of one trustee for each of the benevolent institutions.
Mr. NEWCOMB and Mr. HUGHES opposed, because the Senate has already adjourned, and there can not be now a compliance with the joint rules for the government of the two Houses of the General Assembly.
The SPEAKER held that it was incompetent for the House to go now into said elections.
U. S. CONSTITUTIONAL AMENDMENT.
On motion of Mr. SHUEY, the House now again took up the consideration of the joint resolution [S. No. 1] ratifying the pending U. S. Constitutional amendment, and the same was read and passed to the second reading.
PREACHERS' AID SOCIETY.
Mr. Miller s Preachers' Aid Society bill was considered on the third and last reading thereof.
Mr.. MILLER explained that the object of the bill, which is to distribute the funds equally between the four conferences of the State, the whole of it, was dictated at a late meeting of the original Preachers' Aid Society held in Roberts Chapel, in this city.
The bill passed the House of Representatives - yeas 81, nays 5.
Mr. NEWCOMB obtained leave to introduce the following:
Resolved, That the State Librarian be directed to cause the Hall of the House to be ventilated in the manner which the Senate has provided for the ventilation of the Senate Chamber, or in such manner as will best subserve the purpose.
It was adopted.
Mr. McFadden's Coroner's Mileage bill [H. R. 4] coming up -
Mr. McFADDEN explained that its sole object was to add mileage to the Coroner's fees when he is called out for a distance more than five miles.
The bill was passed the third and last reading in the House of Representatives yeas - 77, nays 6 -
Mr. PRATHER and Mr. VAWTER explaining that they voted against the bill, believing that it does not provide sufficient compensation for the Coroner.
Mr. HUGHES moved ineffectually to reconsider the vote just taken, with the object to re-commit for amendment.
Mr. Higgins' Election bill [H. R. 18] coming up - it was read the third time.
Mr. HIGGINS explained its provisions, as heretofore given in these reports.
The bill then finally passed the House of Representatives - yeas 82, nays 1.
Mr. Prather's Congressional Apportionment bill [H. R. 32] was taken up and referred to the Special Committee on Apportionment.
Mr. GREER obtained leave of absence till Tuesday.
Mr. DUNN obtained leave and introduced a bill [H. R. 63] for an act to amend section 11 of the act defining misdemeanors, &c., approved June 14, 1852.
Mr. BAKER, Mr. GREEN and Mr. TEBBS obtained leave of absence till Tuesday.
Mr. Miller's stamp bill [H. R. 47] coming up -
Mr. MILLER, having learned that the existing law provides for the matter contemplated in the bill, moved that it be laid on the table.
It was so ordered.
Mr. WOODS, from the Committee on the Judiciary, returned his Procedure Relief bill [H. R. 8], recommending its passage.
On the motion of Mr. WOODS, the bill was taken up for consideration, and read the second time.
Mr. WOODS moved to amend by striking out the words "the time herein limited," and insert "one year" in lieu, at the end of the second section," which was adopted.
The bill was ordered to be engrossed.
Mr. HARTMAN introduced a bill [H. R. 64] to amend section 35 of the Common School act, approved December 20, 1865. It was referred to the Committee on Education.
A message in writing was now received from the Governor with reference to the page: 66[View Page 66] murder of Lieutenant J. Y. Hampton, on the 25th of July, and the arrest and trial of his murderers, stating that His Excellency will communicate further in the matter.
On the motion of Mr. PRATHER, it was referred to the Committee on Claims.
Mr. SHIELDS introduced a bill [H. R. 65] for an act to provide for the protection of fur bearing animals, the mink, the raccoon and the musk rat, defining the time when they may be taken, &c. [It shall be unlawful to take them between the 15th of April and the 15th of October in each year.] It was referred to the Committee on Rights and Privileges.
Mr. WHITE introduced a bill [H. R. 66] for an act amending the 9th and 19th sections of the act defining misdemeanors, &c. It was referred to the Committee on the Judiciary.
Mr. PEELLE introduced a bill [H. R. 67] for an act authorizing Judges of the Circuit and Common Pleas Court to fill vacancies in the offices of said courts [clerks]. It was referred to the Judiciary Committee.
Mr. STEWART introduced a bill [H. R. 68] for an act to amend section 3 of the act to authorize County Commissioners to organize turnpike companies where two-thirds of the district interested petition, and to provide that the same shall be free. [It provides that lands shall not be taxed more than once for road construction without the consent of the owner.]
It was referred to the Committee on Corporations.
Mr. DAGGY introduced a bill [H. R. 69] on the same subject, which was referred to the same committee without reading.
On motion by Mr. WOODS, it was
Resolved, That the Committee on Ways and Means be instructed to consider the propriety of an act to subject to taxation the stock of National banks and other banking associations in this State, and report by bill or otherwise.
On motion by Mr. GRIGGS, it was
Resolved, That the Committee on the Judiciary be authorized to employ a clerk.
On motion by Mr. WRIGHT, it was
Resolved, That the Committee on Claims be allowed to employ a clerk.
Mr. STEWART in view of the additional labor imposed on the State Librarian by furnishing stamps and stationery to members of the House, submitted an order that he be allowed to employ an additional clerk.
It was referred to the Committee on Employees.
Mr. THACHER said he was requested to introduce a bill [H. R. 70] to regulate the docket fees ot district and common pleas prosecutors, to increase their compensation, &c. Which being read the first time -
On motion by Mr. HUGHES the bill was rejected.
Mr. HAMILTON introduced a bill [H. R. 71] for an act to amend the 19th section of the Practice Act of June 17, 1852, relative to filing information in criminal cases, It was referred to the Committee on the Judiciary.
The SPEAKER announced the special committee on Mr. Hartman's Tenth Circuit Court bill [H. R. 38], namely: Messrs, Hartman, Geisendorff, Sabin, Smith of Lagrange, Woods, Long of Kosciusko, Kizer, Bobo, Shull and Douglass.
On motion by Mr. ROSS, it was -
Ordered, That when the House adjourns it shall be till Monday 2 o'clock P. M.
The House then adjourned.
