THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
FRIDAY, January 22, 1869.The House met at ten o'clock a. m.
On the motion of Mr. UNDERWOOD the reading of the journal of yesterday was dispensed with.
Mr. Cotton, Mr. Johnson of Parke, and Mr. Johnson of Marshall, obtained leave of absence till Monday--having paired off as to the Senatorial election.
On the motion of Mr. UNDERWOOD, it was ordered that when the House adjourns to-day, it shall be till Monday half past two o'clock, provided an United States Senator be elected to-day.
REPORTS FROM COMMITTEES.
Mr. OSBORN, Chairman of the Special Committee on Railroads, offered the following resolution, which was adopted:
RESOLVED, That the President and Secretary of the Terre Haute, and Indianapolis Railroad be, and they are hereby, required to furnish a correct statement, under oath of each of them, showing the aggregate amount of dividends declared to this date--the amount of expenditures for the years 1865, 1866, 1867, 1868, with a statement of the account on which they were expended, the amount of receipts for each of years named, the amount of profits, the amount of capital stock at this date.
2d. That they also be required to furnish the amount paid by the State of Indiana for the transportation of troops, munitions of war and provisions during the late rebellion.
3d. That the Clerk of the House cause a copy of these resolutions and requirements to be placed in the hands of said President and Secretary immediately.
CONTESTED ELECTION CASE.
Mr. ZOLLARS, from the Committee on Elections, to whom was referred the matter of the Thornton and Wile contest, reported that as no notice of the contest was given according to law, (within ten days) the committee find that the sitting member, Mr. Wile, is entitled to his seat.
Mr. WILE mobed that Mr. Thornton be allowed mileage and per diem for the time spent by him here in his contest.
Mr. DlTTEMORE moved to lay it on the table, which he subsequently withdrew, and then the resolution was adopted.
Mr. STEPHENSON, from the special committee on the Senate bill [No. 32] returned the same with an amendment recommending its passage.
Mr. COFFROTH presented three petitions, Messrs. Wildman three, Johnson of St. Joseph, Dittemore two, Vardeman, Williams of Union, three, Stewart of Ohio two, McFadin two, Palmer, Osborn, Vater, Britton, Neff, three; Gordon, McGregor, three; Odell, two; Higbee, Mason, Taber, Lawler, McBride, Overmyer, Mock, Johnston of Montgomery, Beeler, two; Williams of Hamilton, Cunningham, Smith, two; Mitchell, three; Weiborn, Stewart of Rush, Zollars and Lamborn, three; severally presented petitions on the subject of extortions of railroad companies, which were referred to the special committee on that matter.
Mr. MONROE presented a communication from the Auditor of State, Mr. McCarty, in reference to payments for police services on the Presidential election day, also, enclosing a bill from the Louisville and Nashville Railroad Company amounting to sixteen dollars
It was referred to the Committee on Claims.
Mr. MILLEKAN presented a petition from sundry citizens of the Slate, praying that a suitable prison for women and a girls reformatory, be established to which young girls arrested in a life of vice can be legally sent.
It was referred to a special committee on that subject.
page: 168[View Page 168]BILLS FOR ACTS.
Were introduced, read the first time, and appropriately referred to Committees, to-wit:
Mr. WELBORN introduced a bill [H. R. 95] releasing the States' title to land to John Ingle and John Ingle Jr.; of Vanderburgh county.
Mr. UNDERWOOD introduced a bill [H. R. 96] authorizing married woman to take policies of Insurance on the lives of their husbands, and exempting them from creditors in cases where the annual premium shall not exceed three hundred dollars.
Mr. SKIDMORE introduced a bill [H. R. 97] authorizing the Auditors of the counties of Laporte and Lake to correct their reports to the Superintendent of Public Instruction.
Mr. BEELER introduced a joint resolution [H. R. 5] instructing and requesting members of Congress from Indiana, to vote for a law to reduce the telegraph to the control of the Post-office Department.
Mr. BARRITT introduced a bill H. R. 98] for a fish protection act.
Mr. DUNN, by request, introduced a bill [H. R. 99] authorizing the appointment of Court reporters.
Mr. BOWEN introduced a bill [H. R. 100] to amend the tenth section of the justice act, approved June 9,1852, (extending jurisdiction to three hundred and five hundred dollars.)
Mr. COFFROTH introduced a bill [H. R. 101] to repeal the liquor law of March 5,1859.
Mr. BEELER introduced a bill (H. R. 102) to amend section sixteen, of the act regulating the fees of officers, approved March 2, 1865. (Jurors two dollars a day, mileage five cents. Before Justice of the Peace, one dollar a day, etc.)
Mr. BARRITT introduced a joint resolution (H. R. 6) that our Senators in Congress be instructed, and our Representatives requested to use their official influence to defeat any measure looking to an immediate resumption of specie payments.
Mr. OSBORN introduced a bill [H. R.103] declaring certain contracts to pay attorney fees void. [When in note.]
Mr. PALMER introduced a bill [H. R. 104] to amend the three hundred and ninety-seventh section of the civil procedure and practice act, of January 18, 1852.
Mr. CUNNINGHAM submitted a resolution requesting the Superintendent of Public Instruction to furnish a statement of the amount per centum of school taxation on each one hundred dollars, and a statement of the amount of school funds in the several States of the Union.
It was adopted.
The hour of eleven having arrived.
Mr. McFADDIN called up the gold basis appropriation bill, which was yesterday made the special order for this hour.
Mr. DITTEMORE moved to suspend the special order for the introduction of bills. The bill spoken of, he thought, was one that would elicit a general debate, and as its merits could not be discussed in the hour appointed for its consideration, he thought the House would prefer to suspend the special order, and take up the appraisement bill at some other time.
The motion was adopted.
Mr. STEWART, of Bush, introduced a bill [H. R. 105] in relation to the price of transportation of way freight on railroads in this State, [it being the enrolled act, No. 19, of the last House of Representatives,] defeated by the veto of the Governor.
On the motion of Mr. OSBORN, the constitutional restriction was suspended, yeas 56, nays 28, and the bill was read the second time by title (to regulate and make uniform the prices charged by railroads between stations in this State.)
On motion of Mr. STEWART it was referred to the Committee on Railroads.
Mr. PIERCE, of Porter's, resolution of yesterday, for a special committee of five to inquire whether the doorkeeper shall have additional assistants, was taken up and adopted.
The SPEAKER appointed Messrs. Pierce, of Porter, Ratliff, Mason, Williams, of Knox and McFadin, said Committee.
Mr. LONG introduced a bill [H. R. 106] to repeal the act of March 9, 1867, repealing statutes not in conformity with the decisions of the Supreme Courts in the case of Langdon vs. Applegate, etc.
Mr. VARDEMAN introduced a bill [H. B. 107] to amend sections thirteen, fourteen, fifteen, twenty-five, eight and eleven of the act for the appointment of appraisers of real estate, and prescribing, etc., approved December, 21, 1858.
Mr. VATER introduced a bill [H. R. 108] fixing the time of holding the general elections throughout the State; and repealing, etc. (Only biennially--second Tuesday in October.)
Mr. WILDMAN introduced a bill [H. R. 109] to amend the third section of the act regulating weights and measures, approved June 9, 1852.
Mr. CAVE introduced a bill [H. R. 110] to amend section forty-seven of the general road law, of June 17, 1852.
Mr. RATLIFF introduced a bill [H. R. 111] to amend section seventy-eight of the practice act.
The House then took a recess for ten minutes, to prepare for the joint convention for the election of United States Senator.
The SPEAKER resumed at fifty-eight minutes after eleven a.m.
page: 169[View Page 169]Mr. STEWART, of Ohio, obtained leave of absence till Tuesday.
The SPEAKER directed a call of the roll, which discovered a full House, excepting Messrs. Chapman, Cotton, Chittenden, Ghormley and Johnson, of Parke, absent on leave and paired off.
Mr. GORY announced that he had paired off with some member who had obtained leave.
Mr. GHORMLEY was absent on sick leave.
IN JOINT CONVENTION.
Senators were received by the House of Representatives--members rising--Senators on the right--the Lieutenant Governor presiding.
The LIEUTENANT GOVERNOR. Gentlemen of the joint convention, we have met again in compliance with the law of Congress, to elect by ballot a Senator to represent the State of Indiana in the Senate of the United States for six years from and after the 4th of March next.
A call of the Senate roll discovered forty-nine Senators present.
Mr. Senator JOHNSON, of Montgomery, it was announced, had paired off with a member of the House.
In the order for nominations--
Mr. Senator HANNA nominated the Hon. Thomas A. Hendricks.
Mr. Senator ROBINSON, of Madison, nominated the Hon. Daniel D. Pratt, of Cass county.
The Clerks having recorded the viva voce vote and passed the record to the Chair--
The LIEUTENANT GOVERNOR announced the result as follows:
| For Pratt.................................................. | 83 |
| For Hendricks.............................................. | 60 |
| Whole number of votes cast................................. | 143 |
| Necessary to a choice...................................... | 73 |
The Senate record of the eighth ballot is as follows:
Those voting for Mr. Pratt were--
Messrs. Andrews, Armstrong, Beardsley, Bellamy, Case, Caven, Church, Colley, Cravens Elliot, Fisher, Fosdick, Gray, Green, Hadley, Hamilton, Hoss, Hooper, Houghton, Hushes, Jaquess, Johnson of Spencer, Kinley, Rice, Reynolds, Robinson of Madison, Robinson of Decatur, Scott, Stein, Wolcott and Wood--31.
Those voting for Mr. Hendricks were--
Messrs. Bird, Bradley, Carson, Denbo, Gifford, Hanna. Henderson, Howk, Huey, Huffman, Humphreys, Lasselle, Lee, Morgan, Sherrod, Smith, Taggart and Turner--18.
Mr. HUGHES, when his name was called, said: Mr. President: In casting my vote I desire to say a word by way of explanation. And in the first place I beg leave to offer my sincere thanks to the Senators and Representatives who on yesterday did me honor to cast their votes for me for United States Senator. I desire to say that I appreciate the compliment, and under any circumstances where it can be done without the compromise of principle, it will afford me great pleasure to reciprocate their kindness, and to them both collectively or individually I owe a debt of gratitude which I hope to repay. With reference to the distinguished gentleman in nomination by the republican party, I desire to say that I did not participate in the caucus which presented his name, and I am entirely free to vote the dictates of my own judgment. Circumstances not necessary to be recapitulated, had placed me in a position where I could not cast my vote for the first nominee of the Republican party. In that matter I was contending for a principle, and that contest being over it is unnecessary to refer to it. In casting my vote for Mr. Pratt, I give him one independent, untrammelled Republican vote, and a vote that is entirely approved by my judgment and my feelings. I believe him eminently qualified to fill the office of Senator with honor to himself and benefit to the State. I cast my vote for Daniel D. Pratt.
The House record of the eight ballot is as follows:
Those voting for Mr. Pratt were--
Messrs. Baker, Barnett, Beeler, Bowen, Breckinridge, Buskirk, Davidson, Davis, Dunn, Fairchild, Field of Lake, * Field of Lagrange, Furnas, Gilham, Gordon, Greene, Hill, Hamilton, Higbee, Higgins, Hutson, Johnson of St. Joseph, Jump, Kercheval, Lamborn, Mason, Millekan, Miller, Mitchell, Monroe Osborn, Overmyer, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Sabin, Skidmore, Smith, Stephenson, Stewart of Ohio, Stewart of Rush, Tabor, Underwood, Vardeman, Vater, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union, Wilson and Mr. Speaker 52.
Those who voted for Mr. Hendricks were--
Messrs. Addison, Admire, Barrett, Bates, Bobo, Britton, Calvert, Carnahan, Cave, Coffroth, Cox, Cnnningham, Dittemore, Fuller, Hatchings, Hyatt, Johnston of Montgomery, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregor. Miles, Miner, Mock, Montgomery, Neff, Odell, Palmer, Pealle, Shoaff, Shoemaker, Sleeth, Sunman, Tebbs, Welborn, Wile, Williams of Knox, Zenor and Zollars--12.
Whereupon Daniel D. Pratt was declared duly elected United States Senator.
The LIEUTENANT GOVERNOR then adjourned the Convention, and--
The Speaker resumed the Chair.
On motion of Mr. McFADIN, the vote that when the House adjourn to-day, it shall be till Monday, was reconsidered.
Mr. COFFROTH moved to amend the motion so as to make it adjourn from to-day until Tuesday.
Mr. GORDON demanded the yeas and nays--the demand being seconded by ten members--the motion was agreed to--yeas 50, nays 45.
The House then adjourned till Tueday at ten o'clock.
* The clerk's journal omits this vote.
