THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 20, 1869.The House met at ten o'clock a. m.
Mr. HAMILTON of Vigo, made an ineffectual motion to dispense with the reading of the journal of yesterday; and the journal having been read--
PETITIONS.
Mr. UNDERWOOD presented the memorial of the Indiana Meeting of Friends for amendment of the Constitution so as to provide for equality of races before the law, and especially with respect to the benefits of the common schools, [see page 145.]
It was referred to the Committee on Education.
Mr. VATER presented a similar memorial on the same subject, from the Representative Meeting of Friends.
Mr. MILLIGAN and Mr. HIGGINS presented petitions with reference to separate female prisons.
They were referred to the Committee on Prisons.
Mr. MONROE, Mr. VATER and Mr. GREEN presented petitions for legislation in reference to gravel roads, which were referred, one to the Committee on Corporations, and the other to the Committee on Roads.
Mr. VATER presented the memorial of the State Temperance Alliance.
It was referred to the Committee on Temperance.
Mr. LOGAN presented a petition in relation to religious worship in the common schools.
It was referred to the Committee on Education.
Mr. HALL presented a petition for protection from cattle fever.
It was referred to the Committee on Texas Cattle.
Mr. VATER presented a petition from a public meeting of German citizens of Indianapolis, praying for an amendment to the school law providing for the employment of German teachers in certain cases.
It was referred to the Committee on Education.
Mr. STEWART, of Rush, presented a petition from sundry citizens of Rush county, praying for the Legislature to interpose, by authority, such legislation as to remove the evil growing out of the combination complained of, and fixing a limit to the unjust discrimination practiced in local freight and passenger business.
It was referred to the Committee on Railroads.
Mr. ODELL presented the petition of John K. Smith et al, to regulate railroad and passenger freight tariffs.
It was referred to the Committee on Railroads.
REPORTS FROM COMMITTEES.
Mr. RATLIFF from the committee on Education, returned his bill [H. R. 84] with reference to compensation to the State Board of Education with an amendment, recommending its passage.
Mr. OSBORNE from the committee on the Judiciary, returned Mr. Buskirk's Road bill [H. R. 22] recommending its passage.
Mr. MITCHELL from the committee on Fees and Salaries, returned Mr. Gordon's bill [H. R. 21] regulating certain docket Fees, with amendments recommending its passage.
page: 153[View Page 153]Mr. FAIRCRILD from the committee on County and Township business, returned Mr. Long's deputy appraises bill [H. R. 8] recommending the passage of the bill, and the indefinite postponement of the substitute reported by the committee to which it was first referred.
Mr. SMITH from the committee on mileage and Accounts, reported the mileage to the several members of the House.
Mr. KERCHEVAL from the Special Committee on Mr. Ratliff's appraisement bill, [H. R. 12] returned the same with amendments, filling blanks, which were concurred in.
Mr. OSBORN, from the Special Committee on Railroads, reported a resolution for a clerk for said committee to be paid for the time employed.
It was concurred in.
RESOLUTIONS.
The deferred resolution for changing the session hours coming up--
It was rejected.
The resolution laid over from yesterday looking to the amendment of the rules, so that the second reading of House bills shall follow the third reading of Senate bills, was called up and rejected by the House.
Mr. STEWART of Bush, submitted a resolution for a joint special committee--three on the part of the House and two on the part of the Senate--to visit the Soldiers' and Sailors' home, examine into the condition thereof, and report to the General Assembly.
Mr. PIERCE of Porter, said shat the investigation proposed by the resolution was provided for already in another shape, and he moved to lay the resolution on the table.
The motion was agreed to.
DEPUTY APPRAISERS.
On motion of Mr. McFADIN the House took up Mr. Long's bill [H. H. 8] authorizing deputy appraisers, etc., with the report thereon from the Committee on Township Business, recommending the passage of the bill, and the indennite postponement of the committee substitute, heretofore reported.
Mr. SHOEMAKER proposed an amendment, by adding a section that all acts of appraisers and county commiisioners herein authorized be legalized.
It was adopted.
Mr. VATER moved to amend by making the pay of assessors four dollars a day, leaving the per diem of deputies at the figure reported in the bill, viz, three dollars. He thought there should be some difference in the pay, and that the difference should be in favor of the one who bears all the responsibility.
The amendment was laid upon the table.
Mr. JOHNLON of Parke, proposed to make the assessors pay three dollars and a half a day, instead of three.
There was no second.
It was laid on the table.
The bill was then ordered to the engrossment, considered as engrossed, and passed the final reading in the House--yeas 87, nays 8--with an amendment of title, so as to embrace Mr. Shoemaker's amendment.
BILLS FOR ACTS.
On motion of Mr. WELBORN, the orders of the day were suspended for the introduction of resolutions and bills.
Mr. PIERCE of Porter, introduced a bill [H. R. 89] to provide for changes of venue, etc., and to prevent abuses from such applications, etc.
It was referred to the Committee on the Judiciary.
Mr. WELBOBN introduced a bill, [H. R. 90] creating the -- Judicial Circuit, providing, etc. [Establishing a Criminal Circuit Court for the county of Vanderburgh.]
It was referred to the Committee on Organization of Courts of Justice.
Mr. BUDDELL introduced a bill [H. R. 91] to authorize Boards of County Commissioners to make allowance to Common Pleas Judges in certain cases, (not exceeding one thousand dollars annually.)
It was referred to the Committee on Fees and Salaries.
Mr. FURNAS introduced a bill [H. R. 92] to amend section seven of the House of Befuge act, of March 8, 1867, changing the name to "Indiana State Reform School."
It was referred to the Committee on House of Refuge.
Mr. MILES introduced a bill [H. R. 93] to amend section fifteen of the act of December 20, 1865, to create a State Normal School.
It was referred to the Committee on Education:
Mr. DUNN introduced a bill [H. R. 94] to amend section thirty-nine of an act defining felonies, and prescribing punishments therefor, approved June 10, 1852.
It was referred to the Committee on the Judiciary.
RESOLUTIONS.
Mr. ZOLLARS submitted the following, which was adopted:
RESOLVED, That a committee be appointed, to examine a late decision of the Supreme Court of this State, reported in 28th Indiana, and report to this House, whether or not, it is necessary in amending a law or section thereof, to set out the old law or section or whether it is not sufficient to set out the amended law or section only.
Whereupon--
The SPEAKER appointed Messrs. Zollars, Buskirk and Coffroth.
page: 154[View Page 154]Mr. OVERMYER submitted a resolution, which was adopted, that the Committee on Elections changed with the Beatty and Peale contest, report to the House as soon as possible on the constitutional eligibility of James R. Peale to a seat in this House.
Mr. DITTEMORE submitted ineffectually, an order to print one hundred and fifty copies of the report of the officers of the Bank of the State.
At forty-five minutes after eleven o'clock, on motion of Mr. OS BORN, the House took a recess of ten minutes, to prepare for the joint convention tor the pending United States Senatorial election--
The SPEAKER resumed at fifty-eight minutes after eleven o'clock, a. m., and on motion a call of the roll was ordered.
The result discovered 98 members present and answering to their names--Mr. Williams of Union, and Mr. Mock absentees--Mr. Williams being absent on leave, and Mr. Mock, it was announced, would soon be in his seat.
JOINT CONVENTION.
The President pro tempore of the Senate presiding on the right of the Speaker of the House of Representatives.
The PRESIDENT pro tempore of the Senate: Gentlemen of the Senate and House of Representatives: you have met to-day in joint assembly in compliance with the act of Congress of July, 1866, providing the time and mode of election of United Slates Senator; you have assembled for the purpose of taking such notion as the rending of the journals of the two Houses will indicate to you.
The journals were then read.
The PRESIDENT pro tem. of the Senate now directed the Clerk to read the act of Congress referred to.
The Clerk read as follows:
Each House shall openly, by viva voce vote of each member present, name "one person for Senator in Congress from said State, and the name of the person voted for, who shall have a majority in the whole number of votes east in each House, shall be entered in the journal of each House by the Clerk or Secretary thereof; but if either House shall fail to give a majority for any person on said day, that shall be entered on the journal. At twelve o'clock, meridian on the day following that on which proceedings are required to take place as aforesaid, the members of the two Houses shall convene in joint assembly, and the journal of each House shall then be read, and if the same person shall have received a majority of all the votes in each House, such person shall be declared duly elected Senator to represent said State in the Congress of the United States, but if the same person shall not have received a majority of the votes in the House or if either House shall have failed to take proceeding required by this act, the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for the purpose aforesaid, and the person having a majority of all the votes of said joint assembly, a majority of all the members elected to both Houses being present and voting, shall be declared duly elected; and in case no person shall receive such majority on the first day, the joint assembly shall meet at twelve o'clock, meridian, of each succeeding day during the session of the Legislature, and take at least one vote until i Senator shall be elected.
SECTION 2. And be it further enacted, That whenever, on the meeting of the Legislature of any State, a vacancy shall exist in the representation of such State in the Senate of the United States, said Legislature shall proceed on the second Tuesday after the commencement and organization of its session to elect a person to fill such vacancy in the manner herein prescribed for the election of a Senator for a full term, or, if a vacancy shall occur during the session of the Legislature, then, on the second Tuesday after the Legislature shall have been organized, and shall have notice of such vacancy.
SECTION 3. And be it further enacted, flint :t shall be the duty of the Governor of the State;' which any Senator shall have been chosen, as said, to certify his election, under the seal of the State, to the President of the United States, v certificate shall be countersigned by the Sec; of State of said State.
Approved July 25, 1866.
On motion of Senator HANNA a call of the Senate was ordered.
The roll call discovered a full Senate.
The PRESIDENT pro tempore then stated the order for nominations.
Senator HANNA nominated the Honorabk Thomas A. Hendricks.
Senator GRAY nominated the Honorable Will. Cumback.
Senator HUGHES nominated the Honorable K. W. Thompson.
Representative CHAPMAN nominated the Honorable James Frazier.
Representative DAVIS nominated Honorable Erastus W. H. Ellis.
Senator STEIN nominated Honorable Godlove S. Orth.
There being no further nominations, the Secretary called the roll of the Senate, the vote resulting as follows:
Those who voted for Mr. Cumback were--
Messrs. Andrews, Armstrong, Bellamy, Case, Cavin, Church, Colley, Elliot, Fisher, Gray, Green, Hadley, Hamilton, Hess, Houghton, Jaquess, Johnson of Spencer, Rice, Reynolds, Robinson of Madison, Robinson of Decatur and Wood--22.
Those who voted for Mr. Hendricks were--
Messrs. Bird, Bradley, Carson, Denbo, Gifford, Hanna, Ilenderson, Howk, Huey, Huffman, Humphreys, Johnston of Montgomery, Lasselle, Lee, Morgan, Sherrod, Smith, Taggart and Turner--19.
Messrs. Beardsley and Hooper voted for E. W. H. Ellis.
Mr. Cravens voted for Cyrus M. Allen.
Messrs. Fosdick and Wolcott voted for James Frazier.
Messrs. Hughes and Scott voted for Richard W, Thompson.
Messrs. Kinley and Stein voted for Godlove S. Orth.
The Clerk of the House called the roll of the House, the vote resulting as follows:
Those who voted for Mr. Cumback were--
Messrs. Barnett, Beeler, Bowen, Breckinridge, Buskirk, Chittenden, Davidson, Dunn, Fairchild, Field of Lake, Field of Lagrange, Furnhas, Gordon, Greene, Hall, Hamilton, Higgins, Hutson, Johnson of Parke, Johnson of St. Joseph, Jump, Kercheval, Lamborn, Mason, Mlllekan, Mil
page: 155[View Page 155]Osborn, Overmyer, Pierce of Porter, Ratliff, Ruddell, Sabin, Skidmore, Smith, Stephenson, etewart of Ohio, Stewart of Rash, Underwood, Varderman, Vater, Wildman, Williams of Hamilton, Williams of St. Joseph, Wilson and Mr. Speaker--46.
Those who voted for Mr. Hendricks were--
Messrs. Addison, Admire, Barret, Bates, Bobo, Britton, Calvert, Carnahan, Cave, Coffroth, Cory, Cotton, Cox, Cunningham, fuller, Ghormley, Hutchings, Hyatt, Johnston of Montgomery, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregory, Miles, Minder, Mock, Montgomery, Neff, Odell, Palmer, Pealle, Shoaff, Shoemaker, Sleeth, Sunman, Tebbs, Welborn, Wile, Williams of Knox, Zenor and Zollars--44.
For Mr. Thompso--nMessrs. Baker, Monroe and Pierce of Vigo--3.
For Mr. Ellis--Mr. Davis--1.
For Mr. Frazier--Messrs. Chapman, Higbee and Taber--3.
For Mr. Hughes--Mr. Mitchel1--1.
Messrs. Dittemore of Owen, and Williams of Union paired off.
Total vote of both Houses cast 148.
| For Mr. Cumback.................................................. | 68 |
| For Mr. Hendricks................................................ | 63 |
| For Mr. Thompson................................................. | 5 |
| For Mr. Frazier.................................................. | 5 |
| For Mr. Ellis.................................................... | 3 |
| For Mr. Orth..................................................... | 2 |
| For Mr. Allen.................................................... | 1 |
| For Mr. Hughes................................................... | 1 |
| Total............................................................ | 148 |
The President pro tem. announced that there was no election, and directed the Secretary to take another bellot.
Representative PIERCE of Porter, moved to adjourn.
The PRESIDENT pro tem. held that the putting of a motion to adjourn, on an occasion like the present, was entirely optional with the Chair. In other words should the Chair determine that the putting of a motion to adjourn would thwart or embarrass the work of the session, he might properly refuse to entertain it. He would, at any rate hold to that ruling unless the sense of the House was clearly against him.
Senator GRAY questioned the correctness of of the decision, and on an appeal from the ruling, the decision of the Chair was sustained, and it stands as the judgment of the convention.
The PRESIDENT pro tem. then stated that it was his intention before taking the Chair, to insist upon three ballots. He would call for a second, and should no choice result, the House might determine for itself upon the propriety of taking a third.
The second ballot was reported--the whole number of votes being 148--necessary to a choice 75.
The second ballot resulted as follows:
| Cumback........................................................ | 67 |
| Hendricks...................................................... | 63 |
| Ellis.......................................................... | 3 |
| Orth........................................................... | 2 |
| Frazier........................................................ | 6 |
| Hughes......................................................... | 1 |
| Thompson....................................................... | 5 |
| Allen.......................................................... | 1 |
The changes from the original separate ballot of yesterday are as follows:
Mr. Williams of Union, republican absent and pared with Mr. Dittemore, democrat.
Mr. Monroe--voting for Cumback yesterday--today voted for Thompson on both ballots. Mr. Davidson voted for Cumback on the first of the foregoing ballots, and on the second changed to Frazier.
After the announcement of the vote--
Mr. JOHNSON of Parke, after reading the law of Congress under which the joint session was acting authorizing an adjournment after one ballot shall have been taken, moved an adjournment until tomorrow at 12 m.
The motion was agreed to.
The SPEAKER called the House to order.
And then--
The House adjourned till to morrow morning at ten o'clock.
