THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
THURSDAY, January 14, 1869.The House met at nine o'clock a. m.
The SPEAKER announced select Committees as follows:
On Senate bill No. 1--Messrs. Stephenson, Wildman and Ratliff.
On House bill No. 12--in relation to the appraisement of real estate--one from each Congressional District.
First District--Mr. Kercheval.
Second District--Mr. Ghormley.
Third District--Mr. Monroe.
Fourth District--Mr. Cory.
Fifth District--Mr. Osborn.
Sixth District--Mr. Hamilton.
Seventh District--Mr. Palmer.
Eighth District--Mr. Williams of Hamilton.
Ninth District--Mr. Jump.
Tenth District--Mr. Davis.
Eleventh District--Mr. Johnson of Marshall.
STANDING COMMITTEES.
The SPEAKER then completed the announcement of the standing Committees of the House of Representatives, to wit:
Canals--Messrs. Yard em an, Hutson, Hyatt, Stewart of Ohio, Millikin, Hamilton and Williams of Knox.
Canal Fund--Messrs. Hall, Carnahan and Stewart of Rush.
Public Buildings--Messrs. Williams of Hamilton, Sleeth and Field of Lagrange.
Library--Messrs. Williams of St. Joseph, Ghormly and Fairchild.
Affairs of City of Indianapolis--Messrs. Williams of St. Joseph, Overmyer, Hutchings, Williams of Union, Vater, Cotton and Bates.
Temperance--Messrs. Chapman, Mason, Dittemore, Dunn, Furnas, Hall and Tebbs.
Prisons--Messrs. Ruddell, Lamborn, Barrett, Field of Lake, Monroe, Davis and Long.
Texas Cattle--Messrs. Barnett, Lamborn, Neff, Furnas, Field of Lagrange, Carnahan and Long.
Enrolled Bills--Messrs. Mitchell, Bobo and Overmyer.
Mileage and Accounts--Messrs. Smith, Hutson, Stewart of Ohio, Hyatt, Overmyer, Odell and Cox.
Mr. LONG obtained leave of absence for two weeks.
PETITIONS, MEMORIALS, &C.
The SPEAKER laid before the House a memorial, considered and adopted in a public meeting held at Indianapolis, signed by James M. Ray and other comrnitteemen, with reference to prison reform, the appointment of a Prison Board, the erection of a separate prison for women, etc., [the same presented to the Senate and printed on page 64 of these Reports,] which was read and referred to the Committee on the State Prison.
Mr. WILLIAMS of Union, presented a memorial for the erection of a separate Prison for women, signed by A. C. Talbott and many others. It was referred to the Committee on the State Prison.
Mr. COFFROTH, from the Committee on the Judiciary, returned the bill [H. R. 11] with a clerical amendment, which was adopted, and the bill goes to the calendar.
LEGISLATIVE EXPENSES.
Mr. PIERCE of Vigo, moved to dispense with the regular order and take up the Senate bill making appropriations for Legislative expenses.
page: 101[View Page 101]Mr. RATLIFF explained that there was a great difference between the Senate and House appropriation bills; the latter disposing of the question of salaries of employees of the House, and expressed the hope that as the provisions of the House appropriation bill had all been agreed upon, and the bill was ordered to a third reading to-day, it would be allowed to take precedence.
The motion was rejected.
On motion of Mr. McFADIN, Mr. Ratliff's bill--[H. R. 32]--making special appropriations for Legislative expenses, was taken up.
The House waiting for the report of the bill from the Enrolling Committee--
Mr. RUDDELL submitted a resolution, directing the Doorkeeper to appoint another assistant, another fireman, and a cloak keeper.
On motion of Mr. BUSKIRK it was laid on the table.
Mr. OSBORN obtaining leave offered the folowing:
RESOLVED, That the Governor be requested to inform the House who he appointed as a Commission under the resolution of the House of Repre-resentatives of 1867, to investigate as to the payment of taxes of Railroad Companies, and to prepare the draft of a bill to secure a just valuation of railroad property for taxation, and to report to the Governor, and also to inform the House what report such Committee has made.
The resolution was adopted.
Mr. JOHNSON of Parke, from the Committee on Enrolled Bills, now returned Mr. Ratliff 's special appropriation bill [H. R. 32] reporting that it is correctly enrolled.
The question being on its final passage--it was passed the third reading in the House--by yeas 91, nays 2.
And it was ordered that the clerk inform the Senate thereof.
REPORTS FROM COMMITTEES.
Mr. DUNN, from the Committee on the Judiciary, returned the bill [H. R. 10] in relation to the settlement of decedents' estates, without amendment.
Mr. OSBORN said this bill gave to widows of decedents five hundred dollars instead of three hundred dollars, against creditors. He was doubtful about the wisdom of the change.
Mr. WELBORN spoke in favor of this provision of the bill--contending that five hundred dollars now was not more than three hundred dollars when the existing law was passed. Members of the Legislature justified the increase of their pay by the fact that five dollars per day now was not greater than three dollars per day was when that rate of pay was established, and the same argument would hold good in the matter under consideration.
The bill was laid on the table.
Mr. DUNN also returned the House bill No. 16.
RESOLUTIONS.
Mr. MILES submitted a resolution directing the Committee on Public Printing to consider the propriety of letting out the public printing to the lowest responsible bidder, which was laid on the table, to await the appointment of said committee.
Mr. McDONALD submitted a resolution for the appointment of an assistant postmaster, to assist also in the folding for the House.
On motion by Mr. WILLIAMS of Knox, it was laid on the table.
Mr. SHOAFF submitted an order, which was adopted, that the Doorkeeper provide seats for the pages.
APPRAISEMENT OF REAL ESTATE.
Mr. CORY submitted a concurrent resolution, viz:
WHEREAS, The Auditor of State has issued a circular to county Auditors, directing them to have the appraisement of real estate in their respective counties made entirely upon a greenback or currency basis; and,
WHEREAS, Such an appraisement at this time would work a great wrong, and be an unjust discrimination as against the industrial and producing classes; now, therefore,
Be it resolved by the House of Representatives, (the Senate concurring,) That the Auditor of State is hereby directed to issue his Circular to the said county Auditors, countermanding former instructions, and expressly directing that all appraisements of real estate be made upon a gold basis.
Mr. CORY supported his resolution in a brief speech, reminding the House that the effort of the country was to return to a gold basis as soon as possible, and that, as the indications of success were hopeful, he thought the appraisement of real estate, upon which taxes were to be assessed for the next five years, should be made upon the basis towards which the legislation and hopes of the country were tending.
Mr. STEWART of Rush, suggested that the Resolution be so changed, as to direct the Appraisers to make their appraisements upon the gold basis, as a more direct way of securing what was aimed at in the resolution.
Mr. OSBORN, doubted the power of the House to regulate the matter by instructions to Appraising officers. He begged, also, to call the attention of the House to the fact, that while they were by this resolution, directing the appraisement of real estate on a gold basis, the personal property of the State was required to pay taxes on a currency basis; thus making a discrimination between two classes of property, distinctly prohibited by the Constitution. He thought the resolution should not prevail. Besides, it was well known that at the last appraisement the officers in different counties acted upon their own construction of the law some counties being appraised upon one basis, and counties adjoining being appraised upon another, that in this instance he had reason to be- page: 102[View Page 102] lieve that appraisers would he governed by their own views in reference to the requirements of the law as heretofore, and that, therefore he thought the resolution, if adopted, would not have the effect desired.
Mr. COTTON also opposed the resolution, repeating what had been said by Mr. Osborn on the subject of appraisers being governed in their action by their own views of the requirements of the law, and adding, that he knew of instances in which the appraisers to act in the coming appraisement, had determined to disobey the instructions, and act in accordance with their views of their duty under the law.
Mr. JOHNSON of Parke, opposed the discrimination sought by the resolution in favor of the farming interests. The lands, he said, are not now appraised at one-half their value in the market, and to direct an appraisement of the real estate only on a gold basis, further adding to the advantages already enjoyed by the farming interests, over the manufacturers, merchants, and the laboring classes, he regarded as too unjust to be further urged.
He illustrated the injustice of such action as follows: By the operation of the resolution introduced, the man who has $1,000 in greenbacks, is taxed upon personal property assessed at its face value, one thousand dollars, while the man who owns real estate worth one thous- dollars in greenbacks, is assessed for taxation on the value of that property in gold, at its appreciated value, which at a premium of forty cents on the dollar, would make but six hundred dollars, upon which the owner of the real estate would be required to pay taxes. Such discrimination, he thought, every one would agree with him in pronouncing unjust. It mattered little to him or to any one else, whether the basis of appraisement be upon currency or gold, so long as there was no discrimination between property.
Mr. McFADIN thought Mr. Johnson of Parke had made a good argument in favor of the resolution. He wanted the appraisement fixed upon a firm basis, and thought the gold basis the only safe one upon which the appraisement should be made. He would vote in favor of the resolution.
Mr. WILLSON thought that we should have no difficulty in making appraisements, whether upon one basis or the other, provided the basis be the same for all kinds of property thus making taxation equal. He saw no reason why the real estate should not be appraised on the greenback basis, since real estate values are regulated by the currency. Lands are bought and sold on the greenback basis almost altogether, and this kind of property is least affected by the fluctuations in the currency. The fluctuations in the currency would not affect the basis of appraisement any more, if that basis were the greenback, than if it were the gold.
Mr. VATER proposed to amend by striking out all after the word "resolved" and inserting these words: "That the Auditor of State be instructed to withdraw his former instructions to appraisers and instruct appraisers to fix the value by the standard of lawful money,"
Mr. LONG thought it mattered not as to the basis adopted. What the State needed was an uniform appraisement. He would vote for the resolution of the member from Franklin, [Mr. Cory,] not that he prefered the gold to the greenback basis, but in order to secure an uniform system of appraisement. He thought the Auditor of State had no right to give instructions, but he felt sure that appraisers throughout the State, would observe directions from the Legislature, or, in other words, a law of the people's representatives. The instructions of the Auditor were not regarded in all the counties. In some counties appraisements would continue to be made on a gold basis.
Mr. FIELD of Lake also desired the adoption of the resolution, to obtain uniformity in this matter.
Mr. BUSKIRK suggested the want of uniformity of assessments of real and personal property under this resolution as an insufferable objection. Its effect would be to make personal property pay an undue proportion of taxes. He didn't care which basis was adopted for appraisement of property, but he objected to unfair discriminations.
Mr. NEFF, supported the original resolution, and reminded the House that the appraisement to be made was to stand for five years, and that such was the unsteady character of a currency basis of appraisement, that he hoped the resolution which fixed a firm one would prevail.
Mr. OVERMYER proposed to amend the amendment so as to prescribe that all property shall be appraised for taxation on a gold basis.
Mr. VATER expressed regret that this subject should have been up so early in the session. It is one, he said, "which requires a thorough canvassing, and a much more careful consideration than the House would be able, at this time, to give it." He made the point that all assessments for taxation should be made in lawful money. The objection against a gold basis assessment for five years would be as well as against an assessment in currency. He was opposed to the adoption of the amendment to the amendment. There were other interests beside those of the holders of real estate. No man could be compelled to pay a debt save in the lawful money of the country. No taxes can be assessed that may not be paid in lawful money, and he could not see that appraisements should be made upon any money basis, different from that upon which the busi- page: 103[View Page 103] ness of the country is conducted, or that taxes should be assessed upon the value of money other than that in which the taxes are paid.
Mr. OVERMYER spoke in support of his amendment to the amendment, claiming that its effect would be to do justice to both classes of property holders--real and personal.
Mr. BARRETT supported the amendment to the amendment and strongly advocated the gold basis, saying that gold has a fixed value, that it never fluctuates, and that upon such a basis should our appraisement be conducted. He was informed that a decision of the Sn-preme Court had made appraisement on any other than a gold basis as illegal.
Mr. COX also supported the amendment of Mr. Overmyer.
Mr. PIERCE of Porter called for the regular order of business, and the bill was passed over till to-morrow.
BILLS FROM THE SENATE.
The bill [S. 11] to repeal the seventeenth section of the charter of the Firemens' and Mechanics' Insurance Company was passed the first reading.
The special appropriation bill [S. 13] for Legislative expenses was also read the first time.
The joint resolution [S. 2] regarding official fees for the 1867 and 1868, directory to the Auditor of State, was read the first time.
Mr. Coffroth's foreign guardian bill [H. R. 7] was read the second time. It was ordered to the engrossment and third reading.
RAILROADS.
A message was now received from the Governor communicating the names of the railroad commissioners of 1867, which was referred to the Committee on Railroads.
It is as follows:
EXECUTIVE DEPARTMENT,
INDIANAPOLIS, Jan. 14 1868.Gentlemen of the House of Representatives:
In compliance with the resolution of the House just received, requesting to be informed who were appointed Commissioners under the resolution of the House of Representatives of 1867, to investigate as to the payment of taxes by railroad companies, &c., I beg leave to say that I appointed Hon. James B. Belford, Hon. F. H. C. Honneus, and Gen. John T. Wilder, and that the Commissioners have made tome a majority and minority report, which reports, with all the accompanying papers delivered to me by the Commissioners, are herewith respectfully transmitted to the House of Representatives.
TWENTY-FIRST AND TWENTY-SECOND JUDICIAL DISTRICTS.
Mr. Coffroth's bill [H. R. 11] creating the twenty-first and twenty-second Judicial Circuits, was read the second time--it having been recommended by the Judiciary Committee.
Mr. COFFROTH asked that the bill be ordered engrossed and to a third reading tomorrow.
Mr. WILLIAMS of Knox moved its reference to the Committee on the Organization of Courts.
Mr. COFFROTH explained to the House the necessity of early action on the bill; saying, in support of his plea, that so difficult was it to perform the business crowding upon the courts, that persons had been known to lie in jail a whole year, because their cases could not be sooner reached; and judgment on a promissory note could not be obtained in his circuit, as the courts were now arranged, short of three years.
Mr. STEWART, of Rush, opposed hasty action in the matter, and wanted the bill committed to the Committee on the Organization of Courts, for the reason that be desired to have a general revision of the Judicial system, and did not want special action in favor of any one section, for fear that in the general reconstruction, the House might find that such special action might conflict with the general plan, and thus retard business.
Mr. COX also asked for delay.
Mr. OSBORN remarked that the bill had been examined carefully by the Committee on the Judiciary, and he hoped that its recommendation would induce the House to adopt it. If the recommendations of committees who examine into subjects of this character closely, and report advisedly in regard to the propriety of passing bills, were to go for nothing, he thought committees would be doing a great deal of work that would prove of little value.
Mr. VATER hoped that the matter would be referred to the Committee on the Organization of Courts, as it was the desire and intention to revise the whole system of holding Courts throughout the several Judicial Districts of the State, and he hoped that no special action would be hastily taken that would embarrass that work.
Mr. WELBORN hoped to see the matter referred to the committee on the Organization of Courts.
Mr. COFFROTH again earnestly advocated the early passage of the bill.
Mr. PIERCE of Porter preferred, and gave considerations in favor of immediate action by the House on the bill.
After debate by Mr. JOHNSTON of Parke, Mr. BUSKIRK, Mr. DAVIDSON, Mr. COFFROTH, Mr. JOHNSON of St. Joseph, and Mr. WILLIAMS of Knox
The bill was referred to the Committee on the Organization of Courts.
The bill [H. R. 10] in relation to the settlement of decedents estates, coming up--it was passed the second reading and ordered to the engrossment.
page: 104[View Page 104]The court bill [S. 2] was read the first time.
On the motion of Mr. McFADIN it was referred to the Committee on the Organization of Courts.
Mr. Barrett's proposition to so amend the rules as to restrict members to the introduction of two resolutions and two bills on the same day, without consent of the House, coming up--
After an ineffectual motion to lay it on the table,--
Mr. LONG proposed to amend by making it read, "not more than one resolution and one bill on the same day." etc.
On the motion of Mr. PIERCE of Porter, the amendment was laid on the table.
And then the resolution to amend the rules was adopted.
The House then took a recess till two o'clock p. m.
AFTERNOON SESSION.
Mr. RUDDELL, from the special committee to investigate alleged official abuses in the Blind Asylum, reported that the complaints against the Superintendent and Board are without foundation.
Mr. KERCHEVAL submitted a resolution which was adopted against smoking in the Hall.
RAILROADS.
Mr. STEWART, of Rush, submitted a resolution, to wit:
RESOLVED, That the Secretary of State be, and he is hereby directed to furnish, without unnecessary delay, for the use of the Standing Committee on Railroads, a list of all Railroad Companies that have filed articles, or certified copies of association, or otherwise accepted the benefits and provisions of the act entitled, "an act to provide for the incorporation of Railroad Companies," approved, May 11, 1852. And also, a copy of all reports received from said Railroad Companies for the year ending January 1st, 1869, as is required by section 35 of the act aforesaid.
The resolution was adopted.
DAILY EVENING MIRROR.
Mr. VATER submitted a resolution reciting that the Daily Evening Mirror has no reporter on this floor, and does not give any reports of the proceedings of this House, therefore
RESOLVED, That it be no longer taken by this House.
Mr. DITTEMOEE moved to lay the resolution on the table.
The motion was agreed to.
Mr. MILES submitted a resolution, that this House concur with the Governor, in that portion of his message which refers to a geological survey of the State, and that it be referred, etc., which he subsequently withdrew.
THE MORGAN RAID.
Mr. OVERMYER submitted a resolution which was adopted, for printing two hundred copies of the report of Hon. J. I. Morrison and those with him appointed two years ago on the Morgan Raid Commission, for the use of members of this House.
AMENDMENT TO THE RULES.
Mr. PALMER filed an order, which lies over, to amend rule forty by adding, "and a Committee on Public Printing."
COMMITTEE CLERKS.
Mr. DUNN submitted a resolution allowing to the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Fees and Salaries, each one Clerk, and that their compensation commence January 14th.
Mr. OSBORN proposed to amend by adding a Clerk to the special Committee on Railroads which he subsequently withheld.
Mr. VATER proposed to amend by adding Provided they shall be paid only for time actually employed.
Mr. WILSON moved, ineffectually, to lay it on the table.
Mr. RATLIFF made a statement as to the work required at the last session, of the Clerk of the Committee on Education, by which it appears that he performed not more than an hours work in two days of the week, and advised against giving clerks this session to committees, the work of which might just as well be done by the members whose constituent sent them here with the expectation that they would do some work themselves, and not hire clerk's at the State's expense, to do it for them. He, however, thought that many of the committees deserved clerks, and should have them, whenever asked for.
Mr. HUTCHINGS opposed the amendment, saying that even if the clerks were not all the while employed, they were required to be on hand all the while, and in readiness to do work in case their services may be needed.
Mr. BARRETT thought that the people who sent Representatives here, expected them to do some of their own writing, and he therefore opposed the original motion and the amendment.
Mr. OVERMYER said, that the gentleman from Bartholomew [Mr. Barrett] who had doubtless during the late campaign, talked much of economy and promised the practice of it, began, he thought in the wrong place to make a record, by making war upon pages and committee clerks. He was one of the number of whom it is said "he saves at the spigot, but fails to watch the bung."
page: 105[View Page 105]After a debate by Messrs. DUNN, OSBORN, MONROE, GORDON and others--
Mr. FIELD, of Lake, proposed an amendment to the amendment for allowing Clerks only to the Committee on the Judiciary, the Committee on the organization of Courts, and the Committee on Ways and Means.
Mr. McFADIN, spoke of his experience with clerks of Committees, and thought it unjust that clerks should recieve $5 per day, for doing one hour's work per day on an average, while members of the House recieved but that amount for working every day of the session, and all day at that.
Mr. DUNN made an appeal in favor of the original proposition, which, he said, had been dictated by experience, precedent, and the needs of the Committees named.
Mr. LONG thought that some of the Committees should have Clerks, and he hoped that the House would not begin to economize by lining to furnish Clerks to such Committees and thus retard the business of the session.
Mr. JOHNSON of Parke, was opposed to reducing the pay of Clerks of Committees as to drive off competent young men who came from distant counties to apply for such positions, and thus yielding all the offices of the House Marion county.
After further debate by Mr. SABIN--
Mr. McDONALD moved to lay the whole subject on the table.
The SPEAKER did not entertain the motion.
Mr. OVERMYER proposed to amend the amendment by adding: "And they shall at all times hold themselves in readiness to perform wishes of the Committeess and their Chairman, and the proper business of those Committees, and the work of such other Committees as may not be allowed a Clerk."
On motion of Mr. MONROE, the amendments were laid on the table.
Mr. SHOAF proposed to amend Mr. Dunn's resolution by striking out the order for a clerk the Committee on Fees and Salaries.
Mr. RUDDELL spoke in favor of the original resolution.
Mr. STEWART, of Ohio, demanded the previous question, and there was a second, and the main question was ordered.
Mr. DUNN asked and obtained unanimous consent to accept Mr. Shoaff's amendment to his resolution; and so his resolution was adopted.
Mr. McDONALD submitted an order, that the publishers of the daily morning papers taken by the House be requested to deliver their papers by eight o'clock in the morning.
Mr. UNDERWOOD proposed seven o'clock which was accepted; and so the order was adopted by consent.
Mr. MONROE submitted a resolution for allowing a Clerk to the Committee on Claims.
Mr. OSBORN proposed to amend by adding a Clerk to the Special Committee on Railroads.
Mr. UNDERWOOD made the point that the matter of the amendment is not german.
The SPEAKER sustained the point.
Mr. MONROE'S order was then adopted.
Mr. OSBORN now submitted his as an original proposition.
Mr. DITTEMORE moved to lay it on the table.
The motion was agreed to.
Mr. OVERMYER moved for an order, which was rejected, to allow a Clerk to the Committee on the Organization of Courts.
Mr. OSBORN moved to reconsider the vote allowing Clerks to Committee on the Judiciary and the Committee on Ways and Means.
On the motion of Mr. BARRETT, this motion was laid on the table.
BILLS FOR ACTS.
Mr. WELBORN introduced a bill[H. R. 40] to enable County Commissioners to demand, sue for, recover and recieve any bounty fund which remains unexpended and unaccounted for.
It was referred to the Committee on the Judiciary.
Mr. LONG introduced a bill [H. R. 41] to repeal the act to discourage the keeping of sheep-killing dogs; also repealing the act liceusing dogs, etc.--[excepting 8th section of the latter.]
It was referred to the Committee on the Judiciary.
Mr. TEBBS introduced a bill [H. R. 42] to amend the twenty-first section of the act to authorize a company to construct the Aurora and Laughery Turnpike, approved February 15th 1848.
It was referred to the Committee on Roads.
Mr. ODELL introduced a bill [H. R. 43] to repeal the act allowing county commissioners to organize turnpike companies, where three-fifths petition, etc.
It was referred to the Committee on Roads.
Mr. STEWART of Rush introduced a bill [H. R. 44] to amend the third section of the act for the protection of wild game, and defining the time in which the same may be taken or killed, etc. Approved March 11, 1867.It was referred to the Committee on Rights and Privileges.
Mr. RATLIFF introduced a bill [H. R. 45] to amend sections one and fourteen of the common school act of March 6, 1865, and to provide for the education of the colored children of the State.
It was referred to the Committee on Education.
Mr. BARNETT introduced a bill [H. B. 46] to legalize the sale of Seminary lands in page: 106[View Page 106] Jasper county, to Marion L. Spitler and Margaret Stackhouse.
It was referred to the Committee on Education.
Mr. CAVE introduced a bill [H. R. 47] to amend section five of the act to provide for a more uniform mode of doing township business, etc,, approved February 18, 1859.
It was referred to the Committee on County and Township business.
Mr. ADMIRE introduced a bill [H. R. 48] | authorizing the State Board of Education to adopt a uniformity of books to be used in the district schools.
It was referred to the Committee on Education.
Mr. MASON introduced a bill [H. E. 49] ; to amend section two of the act to provide for the registry of voters, etc., approved March 11, 1867.
It was referred to the Committee on Elections.
Mr. UNDERWOOD introduced a bill [H. E. 50] to amend sections one and three of the act to repeal all general laws now in force for the incorporation of cities, etc., approved March 14, 1867.
It was referred to the Committee on Cities and Towns.
Mr. CUNNINGHAM introduced a bill [H R. 51] to amend section one of the act to provide for township elections of June 15, 1852.
It was referred to the Committee on County and Township Business.
The SPEAKER then appointed the standing committee on mileage and accounts--Messrs. Smith, Hutson, Stewart of Ohio, Hyatt, Overmyer, O'Dell and Cox.
The House then adjourned.
