THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
FRIDAY, February 5, 1869.The journal of yesterday having been read and authenticated
Mr. Sabin, Mr. McGregor, Mr. McBride,Mr. Williams of St. Joseph, and Mr. Miles obtained leave of abscence till Tuesday, Wednesday, etc.
ACCOUNTS OF THE STATE PRINTER.
The SPEAKER [Mr. Williams, of Knox, in the Chair] announced the consideration of the orders for the day.
On the motion of Mr. HAMILTON, the orders were suspended for his report from the special committee to investigate the accounts of the State Printer. Each charge against the State Printer was examined by competent witnesses, and the committee came to the conclusion that the charges for work done by that officer have been in accordance with the law governing the State printing.
Mr. VATER, understanding that the work was measured according to printers' custom, insisted that measurement was not accordint to the law, therefore, he could not vote to concnr report.
Mr. HAMlLTON said the measurement was according to the law governing the State printing.
Mr. PIERCE of Vigo, moved that the report be referred to a special committee of five.
Mr. MILES and Mr. HAMILTON called for the reading of the testimony submitted in the report.
Mr. McFADIN preferred the reference to another committee,because of intimations about whitewashing this matter.
Mr. MILES said the report was according to the testimony, which did not support the current rumors against the State printer. He was willing that the action of the special committee should be strictly scrutinized.
On motion of Mr. WILDMAN, Mr. Pierce's motion was laid on the table.
Mr. WELBORN moved concurrence in the report.
The evidence reported was then read.
Mr. VATER explained the vote he should give. The measurement was not according to law. These witnesses had been, some of them, somehow connected with the public printing. The questions as to measurement were not: Have you measured this work according to law? The printers' usage measurement would enable the State Printer to charge two or three prices for rule work and rule and figure work,. Printers tell him that the public work has little or no profit in it, if measured according to law. He objected that the State work being measured according to custom, and charged according to law. He reviewed the testimony of several of the witnesses, not one of them testifying that the measurement is according to law. He referred, with exceptions, to the manner of putting questions to the witnesses, so as not to impugn the State Printer or their own honesty. He could not vote to concur in the report.
Mr. RUDDELL recited the proceedings in this matter, insisting on the entire fairness of the report.
Mr. WELBORN also indorsed the committee, and replied to Mr. Vater, insisting on the maxim, that all men are presumed to be honest, till the contrary is proved.
Mr. JOHNSON of Marshall, demanded the previous question, which was seconded by the House, and under its force the report was concurred in.
page: 286[View Page 286]THE SPANISH FEVER.
On motion of Mr. SHOEMAKER, the Texas or Spanish cattle fever prevention bill [S. 144] was taken up, and passed the first reading.
On motion of Mr. CORY--the constitutiontional restriction being suspended for the purpose--the bill was read the second time by title, and then again the third time by sections. The bill was then passed the final reading without amendment in the House of Representatives, by yeas 93, nays 0.
On Mr. SHOEMAKER'S motion the bill [S. 145] to prevent the spread or importation of the Texas or Spanish cattle fever, and providing for the recovery of damages for such spread of it, by civil actions was read the first time.
Mr. ZOLLARS said these bills were both about the same.
Mr. BEELER and Mr. McFADIN explained that one made the offense a criminal act, and the other provided for damages to the sufferers to be recovered by civil actions.
On motion of Mr. McFADINthe constitutional restriction having been suspended for the purpose--the bill was read the second time by title, and then again the third time by sections. The bill was then passed the final reading in the House of Representatives, without amendment--yeas 85, nays 0.
JUDGE BERKSHIRE'S CIRCUIT.
On motion of Mr. BUSKIRK, the bill, [S. 178] to amend section one of the act fixing the times of holding courts in the several counties, was taken up, and under the pressure of a similar vote, it was read three times and passed the House of Representatives, yeas 86, nays 0, with an amendment submitted by Mr. Wilson.
On motion of Mr. VATER, his twelve thousand dollar appropriation bill, [H. R. 150] for the Hospital for the Insane, was taken up and considered on the third reading.
On motion of Mr. OSBORN, the bill was referred to the Committee on Ways and Means, with instructions to inquire into the expediency of the appropriation proposed.
CONSIDERATION OF THE GOVERNOR'S BIENNIAL MESSAGE.
On motion of Mr. STEWART of Rush, the House resolved itself into Committee of the Whole--Mr. Stewart in the Chair--and took up the consideration of the Governor's Biennial Message.
Mr. BUSKIRK moved the formal resolution, distributing the several subjects of recommendation in the Message to the committees appropriate for their consideration, which was concurred in.
Mr. RUDDELL, made an ineffectual motion to amend the resolution by referring the subject of the "Soldiers' and Seamen's Home," to the Committee on Millitary Affairs.
On the motion of Mr. COFFROTH, the committee then rose, and the Chairman reported the resolution to the House.
The report from the Committee of the Whole was concurred in
GERMAN LANGUAGE IN THE COMMON SCHOOL
Mr. COFFROTH, [by unanimous consent,] from the Committee on Education, returned his bill [H. R. 62] for German teaching in the common schools, with amendment be substitute.
Mr. HIGBEE, from the Committee on County and Township Business, return Mr. Cory's bill [H. R. 146] requiring Trustees to examine Justices' dockets, with amendments, which, on a subsequent motion, was made the specific order for Monday next at two o'clock p. m.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees, except as otherwise stated.
Mr. CORY [H. R. 172] creating, establishing and locating and providing for the maintenance of the Indiana College of Agriculture and Mechanical Arts; and providing, etc.
Mr. DAVIS [H. R. 173] to amend sections four and six of the act prescribing the powers and duties of coroners, approved May 27, 1867.
Mr. MONROE, [H. R. 174] providing for the improvement of streets in corporated towns and villages.
Mr. MCDONALD, [H. R. 175] to provide for special terms of the courts of this State, to settle issues, hear motions, grant orders, etc.
On motion of Mr. PIERCE of Vigo, Mr. Shoemaker was added to the Committee on Elections.
RULES AND ORDERS.
On motion of Mr. ZOLLARS, the order of business was suspended, and the House took up his resolution for amendment of the rules so as to require the names of members to be called alphabetically for the introduction of new propositions.
Mr. OVERMYER proposed to amend by prescribing that each member be confined to one bill and two resolutions in one day.
Mr. WILSON moved to lay the whole subject on the table.
Mr. ZOLLARS demanded a division of the question so as to make the first question on tabling the amendment.
Mr. Overmyer's amendment was laid on the table; but the House refused to table the original resolution.
Mr. Zollar's resolution, as heretofore amended, was then adopted.
On motion of Mr. BUSKIRK, the house page: 287[View Page 287] now took up the concurrent resolution, from the Senate, fora joint convention of the two Houses this afternoon at two and a half o'clock, for the election of State Printer and other officers.
Mr. CORY and Mr. VATER would prefer a postponement of these elections until the committees appointed to examine into the charges of frauds and corruptions in the prison management shall have reported.
Messrs. JOHNSON of Park, and BUSKIRK, opposed the postponement, saying that the investigation into charges against incumbents could not affect the candidates to be presented.
Mr. WILLIAMS of Knox, proposed to amend by striking out "State Printer."
Mr. BUSKIRK moved to lay the amendment on the table.
Mr. WILLIAMS demanded the yeas and nays--resulting--yeas, 45 nays 34.
So the amendment was laid on the table.
Mr. WILDMAN demanded the previous question.
Mr. CORY stated again that delay in these elections might result in saving thousands to the State, and in breaking up rings for corruption.
Under the pressure of the previous question, the concurrent resolution was then adopted.
The House then took a recess till two o'clock
AFTERNOON SESSION.
The House met at two o'clock p. m., pursuant to the adjournment.
On the motion of Mr. RATLIFF, his colored school bill [H. R. 113] was taken up and made the special order for Thursday two o'clock.
Mr. OVERMYER (by consent) submitted a resolution, which was agreed to, that when the House shall adjourn to-day, it shall be till Monday two o'clock p. m.
Mr. VARDEMAN obtained leave of abscence till Tuesday.
Mr. CALVERT obtained leave of abscence till Wednesday.
JOINT CONVENTION FOR THE ELECTION OF PRISON DIRECTORS.
Mr. LAMBORN moved to reconsider the vote of this morning concurring in the Senate resolution, for the elections at two and a half o'clock. Rather than do anything to perpetuate the abuses of our prison system, he would lose his right arm.
Mr. RUDDELL said no charge of abuse of the prison management effected either of the candidates to be voted for this afternoon; and their election would not affect the question of the right of the Genaral Assembly to change the system and vacate the prison offices.
Mr. BUSKIRK said while it was a settled question, that the General Assembly could not vacate constitutional offices, it was clear that they could vacate offices created by law, by exercising the repealing power.
Mr. CORY, in his remarks, this morning, simply meant to say that by delay, and change of system, we might get rid of corrupt practices. He referred to the constitutional provision that no office can be vacated which is created by law, etc.
Mr. RUDDELL. Suppose the General Assembly repeal the law creating the office, what becomes of the officer? He moved to lay the motion to reconsider on the table.
The yeas and nays thereon resulted--yeas 45, nays 40, as follows:
YEAS--Messrs. Baker, Barnett* Beeler, Beatty, Bowen, Breckinridge, Buskirk, Chapman, Davidson, Davis, Fairchild, Field of Lagrange, Gilham, Gordon, Green, Hall, Hamiton, Higgins, Hutson, Johnston of Montgomery, Kercheval, Mason, Millekan, Miller, Mitchell, Monroe, Osborn, Overmyer, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Skidmore, Smith, Stephenson, Stewart of Ohio, Stewart of Rush, Tabor, Underwood, Vardeman, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union, and Mr. Speaker,--45.
NAYS--Messrs. Addison, Admire, Barrett, * Bates, Bobo, Britton, Calvert, Carnahan, Cave, Coffroth, Cory, Cotton, Cox, Cunningham, Dittemore, Fuller, Hutchings, Hyatt, Johnson of St. Joseph, Lawler, Lamborn, Logan, Long, McDonald, McFadin, McGregor, Miles, Mock, Montgomery, Neff, Odell, Shoaff, Shoemaker, Sleeth, Tebbs, Vater, Wile, Williams of Knox, Zenor and Zollars--40.
So the motion to reconsider was laid on the table.
Mr. WILDMAN demanded a call of the roll and all the members answered excepting those absent on leave.
AGRICULTURAL COLLEGE.
The SPEAKER laid before the House a message from the Governor, communicating a copy of the records of the Commissioners of Monroe county, proposing a donation of fifty thousand dollars in county bonds for the location of the Agricultural College with the State University.
On motion of Mr. BUSKIRK, it was referred to the select committee of one from each Congressional District, to be appointed on that subject.
Mr. PIERCE of Vigo, from the committee on Elections, reported two bills, which go to the file by unanimous consent.
IN JOINT CONVENTION.
The LIEUTENANT GOVERNOR called the convention to order and announced its object under the concurrent order adopted this morning.
On motion of Mr. McFADIN, it was order-
*The clerk's journal omits Mr. Barritt's vote and records Mr. Barnett on both sides.
page: 288[View Page 288] ed that the convention proceed to the election of State Printer.Senator GRAY nominated A. H. Conner.
Representative WELBORN nominated R. J. Bright.
The vote was then order and taken.
Mr. Conner received 76 votes.
Mr. Bright receiven 54 votes.
Mr. Conner having received a majority of the votes cast, was declared to be elected State Printer for the term of two years from the expiration of his present legal term.
On motion of Representative RATLIFF, the order was adopted for the election of State Agent.
Senator FISHER nominated Walter Q. Gresham.
Senator DENBO nominated Lewis Jordan.
Mr. Gresham received 76 votes.
Mr. Jordan received 54 votes.
Mr. Gresham having received a majority, was declared to be elected State Agent for the legal term of two years from and after the expiration of the present term.
On motion of Representative VATER, the order was adopted for the election of State Librarian.
Senator JOHNSON of Spencer, nominated M. G. McLean.
Representative SHOEMAKER nominated Gustave Goffstyner.
Mr. McLean received 72 votes.
Mr. Goffstyner received 51 votes.
Mr. McLean having received a majority, was declared to be elected State Librarian for the legal term of that office--two years from April 1, 1869.
On motion of Representative BUSKIRK, of Monroe the order was adopted for the election of the directors of the Northern Prison; and he thereon nominated A. D. Hamrick, Willis Blanch and I. N. Hart.
Representative WELBORN nominated John W. Davis, Jesse Niblack and Henry Walker.
Mr. Hamrick received 70 votes.
Mr. Blanch received 70 votes.
Mr. Hart received 70 votes.
Mr. Davis received 51 votes.
Mr. Niblack received 51 votes.
Mr. Walker received 51 votes.
Messrs. A. D. Hamrick, Willis Blanch, and I. N. Hart each receiving a majority, were declared to be elected for the legal term of directors for the Northern Prison.
On motion of Representative McFADIN, the order for the election of one director for the Southern Prison was adopted; and thereupon, he nominated William K. Henderson.
Senator HADLEY nominated W. W. Curry.
Mr. Curry received 71 votes.
Mr. Henderson received 50 votes.
Mr. W. W. Curry having received a majority, was declared to be elected director for the Southern Prison, for the legal term of that office.
On motion of Representative STEWART of Rush, the order was adopted for the election of Trustee of the Soldiers' and Sailors' Home; and thereupon he nominated Mr. Henry B. Hill.
Representative CORY nominated the Hon. A. B. Line, of Franklin county.
Mr. Hill received 68 votes.
Mr. Line received 46 votes.
Mr. Hill having received a majority, was declared to be elected Trustee for the Soldiers' and Seamen's Home, for the legal term to succeed on the expiration of his present term in that office.
The convention was then adjourned by the Lieutenant Governor, and the Senators retired.
PRESIDENT AND TRUSTEES OF THE BENEVOLENT INSTITUTIONS.
The SPEAKER resumed the chair at 3:35 p. m.
Mr. MONROE moved that five hundred copies of the report of the Superintendent of the House of Refuge, which was not printed with the Governor's message as was ordered be printed.
It was so ordered.
Mr. VATER moved that three hundred copies of the supplemental report of the Trustees of Indiana State University be printed for the use of the House.
It was so ordered.
Mr. PIERCE of Porter, submitted a concurrent resolution, which was adopted for the immediate election of President and Trustees of the benevolent institutions of the State, by separate ballot of the two Houses.
Mr. HUTSON, (by leave) from the Committee on Federal Relations, reported two bills, which go to the files.
On motion of Mr. PIERCE of Porter, the order was adopted for the election of President of the Board of Trustees of the several benevolent institutions of the State.
Mr. STEWART of Rush, nominated Dr P. H Jameson, of Marion county.
Mr. WELBORN nominated Dr. George E. Walker, of Vanderburgh county.
Dr. Jameson received 44 votes.
Dr. Walker received 33 votes.
Dr. Jameson having received a majority, was declared to be elected, on the part of the House of Representatives.
On motion of Mr. STEWART of Rush, the order was adopted for the election of Trustee for the Hospital for the Insane, and thereupon, he nominated Dr. Woodburn.
Mr. ZOLLARS nominated Dr. Athon.
Dr. Woodburn received 44 votes.
Dr. Athon received 32 votes.
Dr. Woodburn having a majority, was de- page: 289[View Page 289] clared to be elected Trustee of said institution, on the part of the House of Representatives.
For Trustee of the Institution for the Educattion of the Blind, Mr. OVERMYER nominated John Beard.
Mr. CORY nominated Dr. R. H. Tarleton.
Mr. Beard received 44 votes.Dr. Tarleton received 33 votes.
Mr. J. Beard receiving a majority, was declared to be elected on the part of the House of Representativss.
For trustee of the Institution for the Education of the Deaf and Dumb, Mr. STEWART nominated Dr. John M. Kitchen.
Mr. McDONALD nominated Dr. David McClure.
Kitchen received 46 votes.
McClure received 34 votes.
Dr. Kitchen, receiving a majority, was declared to be elected on the part of the House of Representative.
Mr. FULLER submitted a resolution for an order for stationery for Samuel Beatty, Representative from Laporte and Starke.
Mr. McFADIN made the point that, as a member of the House of Representatives Mr. Beatty was entitled to that respect as other members.
The SPEAKER held that the point was taken well, and the resolution was withdrawn.
And then--
The House adjourned, till Monday two o'clock p. m.
