THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
MONDAY, January 18,1869.The House met at half-past two o'clock p. m.
The reading of the journals of Friday and Saturday was resumed, and the same having been read and authenticated--
The SPEAKER announced the regular orderorders of the day.
On motion of Mr. NEFF, the regular order was suspended for the presentation of petitions.
PETITIONS.
Mr. NEFF presented the petition of A. J. Bockwell and forty-eight other citizens of Putnam county, on the subject of "the consolidation and combination of Indiana Railroad companies with those of other States," and praying that the Legislature may fix a limit to the unjust discriminations practiced in local freight and passenger business.
It was referred to the Committee on Railroads.
Mr. BUSKIRK presented a petition from J. M. Cumback, Marshall of the Fourth Election District of this State, praying payment for services in collecting the Presidential Election returns of 1868. Amount claimed thirty dollars. For payment of which no provision has been made, and an accompanying letter from the Governor in relation thereto.
It was referred to the Committee on Claims without reading.
REPORTS FROM COMMITTEES.
Mr. COFFROTH, from the Committee on the Judiciary, returned Mr. Mitchel's Court Clerk amendment bill [H. R. 30] and Mr. Barnett's legalizing assessments bill [H.R. 29] recommending their passage.
Mr. OSBORN from the same Committee, returned his Lateral Railroad bill, [H. R.6] recommending its passage, which was ordered to the engrossment.
He also, from the same committee, returned Mr. Long's appraisers and deputy appraisers bill, [H. R. 8] with a substitute, proposing to dispense with deputies, and extending the time of appraiser's reports within one year, instead of requiring them to report in May.
Mr. OSBORN stated that the time is so short in which appraisers are required to do their work by the law as it stands, and as it is desirable that the appraisement be made by one person in place of by deputies, the Committee determined that a law extending the time of appraisers, preferable to that authorizing the appointment of deputies. He asked, that the bill go on the table, and take its place in the calendar.
Mr. WILLIAMS of Knox, insisted upon the reading of the report.
Mr. OSBORN explained that the committee reported simply the old law in lieu of the bill, with the single change of time allowing the appraisers one year's time from the date of his commission in which to report, in place of compelling him to report in May.
Mr. WILLIAMS of Knox, asked Mr. Osborn if any provisions had been made for deputies.
Mr. OSBORN replied that the Committee had left that matter open.
Mr. WILLIAMS of Knox, then said that he should object to the report, as he believed that many of the appraisers who would be found well qualified for appraising farming lands would not be qualified for appraising city property, and for that reason he favored a provision authorizing the appointment of deputies.
page: 129[View Page 129]The substitute having been read by the Clerk--
Mr. McFADIN oppposed the report. This was an important bill considering the brief time we have to give the subject. It was a proposition to extend the wrong of the existing law for a year longer. He saw no particular reason for changing the law. It was well understood all over the State. Appraisers were elected, and in many cases deputies appointed, and the work begun. He saw no cause at all for changing the old order of tilings. Another objection was, that it required the entire labor of the appraisement for a county to be performed by one man. He suggested a difficulty, as, in the case of a former appraiser, not acquainted with the value of town property, and a townsman appraiser, not a good judge of the value of farm land. Besides the work could not be all well done by one man. The provisions of Mr. Long's bill--the original proposition--was much more acceptable to him, as well as more economical. The substitute was more intricate and expensive, and could not be carried out.
Mr. COFFROTH suggested that debate was out of order, and, on his motion, the bill was referred to the Committee on County and Township business.
Mr. DUNN from the Judiciary Committee returned Mr. Osborne's Common Carriers bill [H. R. 38] recommending its passage. It takes its place on the calendar.
Mr. TABER, from the Committee on Education, reported adversely to the resolution of the 15th of January for the uniformity of school books in the district schools.
Also, adversely to the passage of Mr. Admire's bill [H. R. 48] for the same object. The reports were concured in.
The SPEAKER announced the Committee on Engrossed Bills--Messrs. Osborne, McFadin and Chapman.
Mr. RATLIFF, from the Committee on Education, returned Mr. Barnett's bill, H. R. 46] providing for the sale of seminary land in Jasper County, recommending its passage.
Mr. McGREGOR, from the Committee on Fees and Salaries, returned the joint resolution, [S. 2] directing the Auditor of State to prepare a list of the several officers of this State who have filed a statement of their fees, and perquisites, and emoluments in his office, in obedience to the provisions of an act entitled an act, approved June 3, 1861, recommending its passage.
Mr. GORDON, from the same Committee, returned Mr. Underwood's grand jurors' fee bill, [H. R. 35] recommending its passage.
The SPEAKER announced the Committee on Cities and Towns--Messrs. Wilson, Buskirk, Miner, Smith, Taber, Odell and Ghormley.
Mr. UNDERWOOD, from the Committee on Insurance, returned the firemens' and mechanics' insurance bill, [S. 11] recommending it passage.
Mr. BUSKIRK, from the Committee on Ways and Means, returned Mr. Wildman's gold basis appraisement resolution, and reported by bill. [See H. R. 58 hereafter.]
RESOLUTIONS.
Mr. COFFROTH submitted the following:
WHEREAS, By the 23d section of an act entitled "An act to incorporate the Terre Haute and Richmond Railroad Company," approved January 26, A. D., 1847, it is provided: That when the aggregate amount of dividends declared shall amount to the full sum invested, and ten per centum per annum thereof, the Legislature may so regulate the tolls and freights so that not more than fifteen per centum per annum shall be divided on the capital employed, and the surplus profits, if any, after paying the expenses and receiving such proportion as may be necessary for future contingencies, shall be paid over to the Treasurer of State for the use of Common Schools; but the corporation shall not be compelled by law to reduce the tolls and freights so that a dividend of fifteen per cent, per annum cannot be made; and it shall be the duty of the corporation to furnish the Legislature, if required, with a correct statement of the amount of expenditures and the amount of profits, after deducting all expenses, which shall be made under the oaths of the officers whose duty it shall be to make the same; therefore,
RESOLVED, That the Committee on Railroads be, and they are hereby instructed to inquire into said subject matter, and to ascertain what amount, if any, is so due from said corporation to the Common School Fund, and to report by bill or otherwise.
RESOLVED, That for the purpose of said investigation, the said Committee are hereby invested with power to send for persons and papers.
Mr. COFFROTH said it had been represented that, perhaps, over half a million of dollars were now due from this company to the school fund.
Mr. OSBORN, from the special Committee on Railroads, informed Mr. Coffroth and the House, that the special Committee had already taken steps to investigate said subject, whereupon--
The resolution was referred to the special Committee on Railroads.
Mr. MONROE submitted a resolution, which was adopted, that a special committee of three be appointed on the House of Refuge. Whereupon--
The SPEAKER appointed Messrs. Monroe, Miner, and Furnas.
Mr. HAMILTON of Vigo, submitted a resolution, which was adopted by consent, that a committee of three be appointed to wait on the clergymen of this city and invite them by turn, to open the sessions of this body by prayer.
Mr. McDONALD submitted the following:
RESOLVED, That the Committee on Printing be directed to take into consideration the expediency of publishing in the different counties of the State, in two of the county papers representing the two political parties, such of the laws passed by the General Assembly at its preseat session as may affect the local interest of the inhabitants for whose
page: 130[View Page 130]benefit laws may be passed, and report by bill or otherwise; if by bill, providing for the payment of such advertising out of the county funds of the county in which such laws are published.
It was referred to the Committee, on Printing.
Mr. McFADIN submitted a resolution, which was adopted, requiring the Committee on Roads to report a bill authorizing the township trustees to take the road tax that has been collected from real estate, and distribute the same in the road districts where said tax was collected, instead of the whole township, as the law requires at present.
Mr. McGREGOR submitted the following:
RESOLVED, That this House concur in the appropriation of such an amount of funds as may be necessary, for the purpose of making a thorough and scientific geological survey of the State.
It was referred to the Committee on Agriculture.
Mr. BUSKIRK submitted an order, which was adopted, that Hon. John E. Coffroth be added to the special Committee on Railroads.
Mr. RATLIFF submitted a resolution, which was adopted, directing the Committee on the Judiciary to inquire into the expediency of so amending the divorce law as to require a longer residence in the State, to make the law more stringent in general, and report, etc.
Mr. VATER submitted a resolution, that the second reading of House bills shall follow the order for the consideration of Senate bills on the second reading.
It lies over under the rules.
Mr. McBRIDE submitted a resolution, which was adopted, that the Committee on Prisons have power to send for persons and papers in their investigation of the affairs of the Southern prison.
ACCOUNTS OF EMPLOYEES.
The SPEAKER remarked that he had been handed accounts of Clerks for his certificate, and as he was not informed as to the practice of the presiding officer on the subject of certifying from the beginning of the session, or for the time the Clerk had been engaged, asked the direction of the House.
Mr. STEWART of Rush, stated that the practice at the last session was for the Committee on Employes of the House to report to the House the dates on which the several laborers entered upon their respective duties.
The resolution for an amendment to Rule 53, introduced on Friday last, requiring the calling of the roll alphabetically, in order to give members an equal chance to offer bills and papers, coming up--
Mr. NEFF, moved to lay the resolution on the table.
At the request of Mr. WILLIAMS of Knox, the motion was withdrawn, to allow a few remarks on the amendment. Mr. W. appealed to the House in support of the amendment, and asked a favorable consideration for the sake of the younger and timid members who were too bashful, or as the gentleman had it, not impudent enough to scramble for the attention of the Chair. He thought we might get along satisfactorily with this modification. He was willing to try it.
Mr. NEFF followed in opposition to the amendment, and thought the younger and bashful members sufficiently protected in the rule already adopted, prohibiting any member from offering more than two bills or resolutions on the same day.
He renewed his motion to lay the amendment on the table.
The motion was rejected on a divisionaffirmative 33, negative 41.
Mr. BUSKIRK opposed the amendment of the rule for the consideration that it would not facilitate, but rather retard business.
Mr. PIERCE of Vigo, Mr. GORDON, Mr. UNDERWOOD and Mr. BRECKINRIDGE also opposed this amendment of the rules.
The proposition was rejected.
The former order requiring the counties when called alphabetically for business, was laid on the table without a division.
The resolution offered last Friday for letting the public printing of the State to the lowest responsible bidder, was taken up, and referred to the Committee on Printing.
RESOLUTIONS.
Mr. WILLIAMS of Hamilton, submitted a resolution, which was adopted, directing the Committee on the Affairs of the City of Indianapolis to inquire into the expediency of a building for the reception and preparation of fire wood for the State Librarian.
Mr. WILLIAMS of Knox, submitted an order, which was adopted, directing that the committees set forth the title as well as the number of bills reported by them to the House.
Mr. McFADIN submitted a resolution, which was adopted, directing the Committee on Fees and Salaries, to inquire into the expediency of a bill for repeal of the act of June 3, 1861, fixing fees of county and other offices.
The regular order was now suspended, for a motion, which was agreed to, taking up the seventeenth judicial Circuit Court bill [S. 32] reading it the first time and referring it to a committee.
Mr. OVERMYER submitted a resolution, which was adopted, directing the Committee on County and Township Business to inquire into the expediency of so amending the bill in their hands relating to real estate appraisement as to allow the real estate appraiser to appoint and have one deputy, and no more.
page: 131[View Page 131]Mr. WELBORN introduced a concurrent resolution for a joint special committee of seven, five on the part of the House and two on the part of the Senate, to inquire into the expediency of establishing a reformatory prison for females and report, etc., which was adopted.
Mr. McGREGOR introduced a joint resolution [H. R. 3] requesting our Senators and Representatives in Congress to use their influence to procure the passage of a law to tax all bonds of the United States as other property.
It was referred to the Committee on Federal Relations.
BILLS FOR ACTS.
Mr. MILLEKAN introduced a bill [H. R. 52] authorizing the assessment of lands for plank, McAdamized and gravel road purposes, and prescribing the manner of assessment and collection of the same; and repealing the law on that subject, approved March 11, 1867.
It was referred to the Committee on Roads.
Mr. FULLER introduced a bill [H. R. 53] regulating the mileage of Sheriffs conveying convicts to the State prisons; and repealing conflicting laws.
It was laid on the table.
Mr. DUNN introduced a bill [H. R. 54] to amend section five hundred and thirty-one of the civil procedure and practice act of June 18, 1852. [Recognizances shall bind the principal and surety from the time they are taken.]
Mr. COFFROTH, by unanimous consent, submitted a resolution, that rule fifty three shall be construed, so that after the reports from committees shall have been received and disposed of, it shall be in order for members to introduce bills, joint resolutions and resolutions, and that the whole shall be considered as an order of business.
The resolution was adopted.
Mr. RUDDELL, introduced a bill [H. R.55] to amend section fifteen of the act to provide for the opening, vacating or changing of highways, approved March 9, 1867.
It was referred to the Committee on Roads.
Mr. VATER introduced a bill [H. R. 56] authorizing the publication of legal and official advertisements in papers of a foreign language.
It was referred to the Committee on Rights and Privileges.
Mr. COTTON introduced a bill [H. R. 57] to amend section four hundred and forty-five of the civil proceedure and practice act of June 18, 1852. [So that no property shall be sold on execution or order of Court for less than two-thirds its appraised value, except in judgments on actions of Court, unless otherwise provided by law.]
Mr. BUSKIRK, who reported the appraisement bill from the Committee on Ways and Means, called for the reading of the bill, which came up as a bill [H. R. 58] for the government of appraisers of real estate and assessors of personal property. [Appraisements and assessments on a gold basis.]
Mr. HIGBEE introduced a bill [H. R. 59] to fix the time of holding Circuit Courts in the counties of Kosciusko and Nobie.
It was referred to the Committee on the Organization of Courts.
Mr. BRECKINRIDGE introduced a bill [H. R. 60] supplemental to the supplemental act for the incorporation of Life Insurance Companies of June 17, 1852, and December 2, 1862.
It was referred to the Committee on Insurance.
Mr. OSBORN introduced a bill [H. R. 61] to encourage the republication of Blackford's Reports, and appropriating money for the same.
It was referred to the Committee on Education.
The House then adjourned.
