HOUSE OF REPRESENTATIVES.
MONDAY, January 21, 1867.The House was called to order by the Clerk.
On motion of Mr. WOODS, (in the absence of the Speaker,) Mr. McLean, of Vigo, was called to preside pro tempore.
The journal of Friday was then read.
Mr. STEWART said that near the close of the session of Friday, he opposed an amendment to the turnpike law, and it was referred to the Committee on Corporations. He wished now to change the reference of the bill [H. R. 68] to the Committee on Roads.
It was so ordered.
Mr. DAGGY obtained the same change of reference of his road bill No. 69.
REPORTS FROM COMMITTEES.
Mr. DAGGY, from the Committee on the Judiciary, returned the resolution of the House for further legislation to secure equitable assessments for taxation, and recommended its reference to the Committee on Ways and Means.
It was so ordered.
Mr. WOODS, from the Select Committee thereon, returned his bill [H. R. 12] for the 14th Judicial Circuit, recommending its passage.
It goes to the calendar.
NEW PROPOSITIONS.
Bills for acts of the General Assembly numbered and titled to the following effect, were introduced:
By Mr. HIGGINS, [H. R. 72] to amend the act to authorize the removal of convicts from the Southern State Prison to the Northern State Prison, to provide for convicts in each of said prisons, and to provide for carrying on the work of construction of said Northern Prison, approved June 6, 1861. [It proposes to add the county of Marion to the Northern Prison district.] It was referred to the Joint Committee on the State Prisons.
By Mr. SHUEY, [H. R. 73] to amend sections 3, 4, 5 and 6 of the act to regulate and license the sale of spiritous, vinous and other liquors, and to repeal all laws contravening this act.
[This bill so modifies the present law, as to permit any remonstrator to allege and prove that the applicant is not a man of good moral character, is a drunkard, and has within two years last past been convicted of violating some criminal statute of this State ; which is to be proved as in the trial of a cause in courts of justice. No license to be granted if the allegations of remonstrators are sustained. It also provides for appeals to the Circuit, Common Pleas and Supreme Courts. It provides also, that hereafter $100 shall be the fee for license to sell liquors generally, and $50 to sell beer and wine only.]
It was referred to the Committee on Temperance.
By Mr. SPENCER, [H. R. 74] to suppress tippling houses, and to regulate the sale or barter of certain malt liquors ; providing a penalty for violation of this act, and for repeal of all laws inconsistent therewith.
[Any person wishing to sell, barter or give away spirituous or malt liquors, except beer or cider, to procure the consent of a majority of the citizen freeholders of the township, town or ward, affixing a penalty of $50 and imprisonment in county jail for 30 days for the first offense and for any subsequent offense an additional penalty of $25, making it obligatory on the part of the person who offers to sell to give bond in the amount of $1,000 for the keeping of an orderly house, etc.]
It was referred to the Committee on Temperance.
By Mr. SKIDMORE, [H. R. 75], for districting the States of Indiana for Senatorial representation. It was referred to the Special Committee on Apportionment.
By Mr. SHOAFF, [H. R. 76], to amend section 153 of the act to provide for the valuation of real and personal property, assessed for taxation in the State of Indiana, &c., approved June 21 1852. [It proposes to reduce the penalty from 50 per cent, to 10 per cent, on sales of land for taxes.] It was referred to the Committee on Ways and Means.
page: 71[View Page 71]By Mr. HAMILTON, [H. R. 77], to increase the salary of the Prosecuting Attorney of the16th Judicial Circuit, and provide for the payment of the same. [It proposes to add $1,000 to his present salary - to be paid out of the Treasury of Marion county.] It was referred to the Committee on Fees and Salaries.
By Mr. WOODS, [H. R. 78] to provide for the closing up of mutual insurance companies. It was referred to the Committee on Corporations.
By Mr. STAFFORD, [H. R. 79[ to apportion the State of Indiana for Congressional purposes, and define the boundaries of the districts. It was referred to the Special Committee on apportionment.
By Mr. McFADDEN, [H. R. 80] amendatory of the act of March 6, 1865, authorizing the supervisors of roads to remove roads and fences where streams of water encroach, &c. [That the Supervisor may in such cases change the road to the other side of buildings, &c.]
It was referred to the Committee on the Judiciary.
By Mr. BRUCKER, [H. R. 81] regulating the employment of persons under 16 years of age in cotton and woollen factored in this State. [Shall not keep such persons at work longer than ten hours a day.]
By Mr. SHOOK, [H. R. 82] to amend sections 19, 32, and 33 of the general election law of June 17 1852. It was referred to the Committee on Elections.
By Mr. McFADDEN, [H. R. 83] to provide for the protection of wild game, prescribing when the same may be taken, and penalties for violations of this act: repealing all laws in conflict therewith; and declaring an emergency [It Shall not be lawful to take deer from the first of February to the first of October, &c. prescribing existing penalties, and adding a penalty of $20 for any Railroad or Express Company carrying game taken in violation of this act - including the provisions of his bills of the House, No. 9 and No. 34 - and repealing all inconsistent laws.] It was passed to the second reading.
By Mr. SKIDMORE, [H. R. 84] to amend the 5th section of an act to provide a more uniform mode of doing township business, approved February 15,1859. It was referred to the Committee on County and Township Business.
By Mr. SPENCER, [H. R. 85] for apportionment for representative purposes. It was referred to the Special Committee on Apportionment.
By Mr. EVANS, [H. R. 86] to amend the 4th section of the act touching Guardian and Ward. It was referred to the Committee on the Judiciary.
By Mr. WRIGHT, [H. R. 87] to legalize sales of real estate by Deputy Sheriffs, under execution, or by order of the Circuit Court, or the Court of Common Pleas [Provided such proceedings, in other respects, were regular and lawful ] It was referred to the Committee on the Judiciary.
By Mr. WILSON, [H. R. 88] to amend the 7th section of the act regulating the granting of divorces, &c., approved May 13,1852. It was referred to the Committee on the Judiciary.
By Mr. BOBO, [H. R. 89]. Providing for the construction of sewers in cities and incorporated towns of this State. [It authorizes special taxation on those immediately benefitted.] It was referred to the Committee on Corporations.
By Mr. HIGGINS, [H. R. 90] to repeal the act providing for the redemption of real property sold on execution, &c., approved June 4,1881. It was referred to the Committee on the Judiciary.
By Mr. DAGGY, [H. R. 91]. Vacating portions of highways located on county lines, in cases therein specified. It was referred to the Committee on Roads.
By Mr. EVANS, [H. R. 92] to amend section 19 of the act providing for the settlement of decedents' estates, prescribing of officers in the arrangement thereof, of heirs in relation thereto, and certain forms to be used therein, approved June 17, 1852. It was referred to the Committee on the Judiciary.
By Mr. MILLER [H. R. 93] defining certain misdemeanors. [It shall be unlawful for any railroad company to allow the door to be locked of any railroad car containing passengers. Penalty not exceeding five hundred dollars ] It was referred to the Committee on Railroads.
By Mr. CRAIN [H. R. 94] to apportion Senators and Representatives till otherwise ordered. It was referred to the Committee on Legislative Apportionment
By Mr. SHUEY, [H. R. 95] to amend section 1 of the act to regulate foreign insurance companies, etc. [It requires statement to be made once a year, instead of twice ] It was referred to the Committee on Corporations.
CYRUS T. NIXON.
Mr. MATTHIS submitted a resolution to authorize per diem and milage compensation to Cyrus T. Nixon for organizing the House of Representatives at the opening of the present session of this General Assembly.
It was referred to the Committee on Ways and Means.
UNIVERSITY SQUARE.
Mr. HUGHES submitted a resolution, which was adopted, directing the Committee on Education to investigate the title of that property situated in the city of Indianapolis, and commonly known as University Square, and to inquire into the best means of disposing of it for the public good, and report by bill or otherwise.
UNITED STATES SENATOR.
Mr. HIGGINS submitted a resolution, which was adopted, that, on the22d of January, at 12 o'clock M., this House, in pursuance of the act of the Congress of the United States to regulate the time and manner of electing Senators to the Congress of the United States, will proceed to choose by joint vote a Senator to serve for six years from the 4th of March next - the time of the expiration of the term of the Hon. Henry S. Lane.
GERMAN IN THE COMMON SCHOOLS.
Mr. FULLER submitted the following:
Resolved, That the Committee on Education be instructed to inquire into the expediency of so amending the Common School law as to allow the German language to be taught in the Common Schools exclusively, in districts where the citizens require it.
It was referred to the Committee on the Judiciary.
On the motion of Mr. DUNN, it was
Resolved, That the Committee on Education be instructed to inquire into the practicability of introducing the German language so far that it may be taught.in at least one of the Common Schools in each county of the State, and report at the earliest practicable period.
COMMITTEE ON RAILROADS.
On motion by Mr. CRAIN it was
Resolved, That John L. Miller, a Representative from Tippecanoe county, be added to the Committee on Railroads.
page: 72[View Page 72]BUILDING ASSOCIATIONS.
On motion by Mr. ROSS it was
Resolved, That the Committee on Corporations inquire into the expediency of passing a law on the subject of the accompanying paper.
He said it was for the purpose of authorizing Building Associations, as under the laws of the State of Ohio.
COMMITTEE RECORDS.
On the motion of Mr. WRIGHT it was
Resolved,That the several Committees, viz: the Committee on Ways and Means, the Committee on Claims, and the Committee on Public Expenditures, be instructed to keep records of their proceedings, and that the same be filed with the State Librarian, to be kept as part of the proceedings of this House.
BELIEF OF FAMILIES OF SOLDIERS, SEAMEN AND MARINES.
>On the motion of Mr. WOLFE, it was
Resolved, That the Auditor of State be requested to furnish to this House, at his earliest convenience, a statement showing -
1st. The amount of tax carried on duplicates of the several counties of this State, for the year 1865, under section 1 of an an act entitled "An Act for the Relief of the Families of Soldiers Seamen and Marines, and sick and wounded Indiana Soldiers, in Hospitals in the State and United States service, and of those who have died or been disabled in such service, and prescribing the duties of certain officers therein named," approved March 4, 1865.
2d. The amount collected on said duplicates in each county.
3d. The amount paid out by each county to soldiers' families as required by that act.
4th. The amount of such fund remaining in the county treasury of each county.
5th. The amount paid out of each county over and above the amount collected on duplicates of 1865, under this act.
6th. A statement of the enumeration and apportionment made by the Auditor of State and forwarded to the county auditors in April or May of 1865.
7th. The amount paid into the State Treasury under the fourth section of an act entitled "An Act for the Relief of the Families of Soldiers, Seamen and Marines, etc," approved December 20th, 1865, special session.
8th. The amount lost or gained by each county by virtue of section 1 and 4 of the above last recited act.
DISTRIBUTION OF REPORT OF SUPERINTENDENT OF PUBLIC INSTRUCTION,
On motion by Mr. STACKHOUSE, it was
Resolved, That the Committee on Ways and Means be instructed to report House bill No. 60 [introduced January 18th by Mr. Smith, of Lagrange] with their action thereon, to this House to-morrow at 10 o'clock.
He said the bill proposed an appropriation of $200 for expense of distributing the Report of the Superintendent of Public Instruction.
On motion by Mr. BRUCKER, it was
Resolved, That the Committee on Education be instructed to inquire into the expediency of amending section 6 of an act to provide a general system of common schools, &c., approved March 6,1865, so as to authorize a transferring of the power of filling vacancies in the office of Trustees from the Auditor of the county to the Board of Trustees of such city or town where such vacancy exists, and that said committee report by bill or otherwise.
THE CALENDAR.
In the orders of the day -
Mr. Woods' Relief bill [H. R. 8] to amend the 99th section of the Civil Procedure act coming up - it was read the second time and passed to the engrossment, and third reading.
Mr. Miller's Election bill [H. R. 58] coming up, it was read the second time and referred to the Committee on County and Township Business.
UNITED STATES CONSTITUTIONAL AMENDMENT.
The joint resolution [S. No. 1] accepting and ratifying the proposed Article 14 for amendment of the Constitution of the United States, coming up - it was read the second time.
Mr. HONNEUS proposed to amend the joint resolution by affixing the following proviso:
"Provided, however, that nothing in the foregoing amendment shall be so construed as to give Congress the right to confer upon the negroes in any State the right of suffrage, that power being left wholly with the people of each State to determine for themselves."
Mr. HUGHES rose to a question of order. He understood that we were called upon simply to accept and ratify this proposition, not to amend it.
The SPEAKER pro tempore. The Chair holds that the point is well taken.
The joint resolution was passed to the engrossment.
Mr. SHUEY moved that the joint resolution be made a special order for to-morrow at 3 o'clock.
Mr. GREER. Understanding that some desire to discuss the proposition, why not put it off till Saturday?
Mr. SHUEY. I am informed that some are now prepared to discuss it.
It was made the order for three o'clock to-morrow.
STATE PRISON NORTH.
Mr. HIGGINS moved an order, that so much of the Governor's message and accompanying documents as relates to the Northern Prison be referred to the Committee on the State Prison North.
It was so ordered by consent.
Mr. SHUEY moved that the House resolve itself into a Committee of the Whole and take up the recommendations of the Governor's message.
Mr. NEWCOMB suggested that printed copies of the message had not yet been delivered here.
Mr. SHUEY then withdrew the motion.
SONS OF TEMPERANCE - COMPLIMENTARY.
On motion of Mr. SPENCER, it was
Resolved, That the members of this House return their thanks to the Sons of Temperance for complimentary tickets to their festival to-morrow night, and that their invitation will be favorably considered by the House. The House then adjourned.
