THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
THURSDAY, JANUARY 7, 1869.Pursuant to a provision of the State Constitution, the members elect of the House of Representatives of the forty-sixth General Assembly of the State of Indiana met this day in regular session, in the Hall of the House, in the Capitol, in the city of Indianapolis.
At the hour of ten o'clock in the forenoon, the Honorable Cyrus T. Nixon, of Clark county, ascended the dais to the Speaker's chair, and announced his duty under the law to organize the body.
He then proceeded to call the names of members, in connection with the list of Representative districts, as they stand on the Journal of the House.
Members responded and received the qualification of their oath of office at the hand of the Honorable Robert C. Gregory of the Supreme Court, as follows:
- From the county of Posey--M. T. Carnahan.
- From the county of Vanderburg--Leroy Calvert and J. T. Welborn.
- From the county of Warrick--Benoni L. Fuller.
- From the county of Gibson--Austin Hutson.
- From the county of Pike--Robert Logau.
- From the county of Knox--James D. Williams.
- From the county of Daviess--John Hyatt.
- From the counties of Dubois and Martin--Leroy Cave.
- From the county of Spencer--R. F. Kercheval.
- From the county of Perry J. C. Shoemaker.
- From the counties of Crawford and Orange--John L. Bates.
- From the county of Washington--John C. Lawler.
- From the couty of Harrison--Peter H. Zenor.
- From the county of Floyd--James A. Ghormley.
- From the county of Clark--Charles R. McBride.
- From the county of Jefferson--William Monroe.
- From the counties of Jefferson, Scott and Clark--W, D. Hutchings.
- From the counties of Jefferson and Ripley--W. D. Wilson.
- From the counties of Switzerland and Ohio--S. H. Stewart.
- From the county of Dearborn--Warren Tebbs, Jr.
- From the county of Franklin--Calvin R. Cory.
- From the county of Rush--Samuel Green.
- From the county of Decatur--O. P. Gilham.
- From the counties of Rush and Decatur--D. M. Stewart.
- From the county of Jennings--John Overmyer.
- From the county of Bartholomew and Shelby--James M. Sleeth.
- From the county of Bartholomew--S. J. Barritt.
- From the counties of Brown and Jackson--Daniel H. Long.
- From the county of Monroe--Geo. A. Buskirk.
- From the county of Lawrence--Moses F. Dunn.
- From the county of Greene--Thomas Mason.
- From the county of Sullivan--N. D. Miles.
- From the county of Vigo--E. Hamilton and I. N. Pierce.
- From the county of Clay--J. C. McGregor.
- From the county of Owen--Wiley E. Dittemore.
- From the county of Putnam--Willis G. Neff.
- From the county of Hendricks--Allen Furnas.
- From the counties of Putnam and Hendricks--Milton A. Osborn.
- From the county of Morgan--James V. Mitchell.
- From the county of Johnson--Duncan Montgomery.
- From the counties of Morgan and Johnson--W. R. Admire.
- From the county of Marion--F. Beeler, A. P. Stanton, James H. Ruddle and T. J. Vater.
- From the county of Hancock--John Addison.
- From the county of Shelby--Issac Odell.
- From the county of Henry--John E. Milliken.
- From the counties of Fayette and Union B. F. Williams.
- From the county of Wayne--William C. Bowen and John I. Underwood.
- From the county of Randolph--J. T. Vardeman.
- From the county of Delaware--S. V. Jump.
- From the county of Madison--J. F. Mock.
- From the counties of Madison and Henry--G. F. Chittenden.
- From the county of Hamilton--Isaac Williams.
- From the counties of Hamilton and Tipton--E. Stephenson.
- From the county of Clinton--T. H. Palmer.
- From the county of Carroll--Reuben Fairchild.
- From the county of Boone--A. E. Gordon.
- From the counties of Boone and Clinton--John Higgins.
- From the county of Montgomery--James G. Johnson.
- From the county of Parke--J. F. Johnson.
- From the county of Vermillion--William Skidmore.
- From the county of Fountain--D. W. Cunningham.
- From the county of Warren--Colbrath Hall.
- From the county of Tippecanoe--Reuben Baker and Robert Breckinridge.
- From the counties of Benton and White--J. Lamborn.
- From the county of Cass--S. L. McFadin.
- From the county of Howard--J. A. Wildman.
- From the county of Miami--Jonathan D. Cox.
- From the county of Wabash--A. W. Smith.
- From the counties of Miami and Wabash--Robert Miller.
- From the county of Grant--John Ratliff.
- From the counties of Blackford and Jay--Samuel A. Shoaff.
- From the counties of Wells and Adams--J. R. Bobo.
- From the county of Huntington--John R. Coffroth.
- From the county of Allen--Allen Zollars and B. D. Miner.
- From the county of Whitley--John S. Cotton.
- From the county of Kosciusko--E. S. Higbee.
- From the counties of Kosciusko and Fulton--S. Davidson.
- From the county of Noble--Freeman Tabor.
- From the county of DeKalb--L. D. Britten
- From the county of Steuben--S. C. Sabin.
- From the county of Lagrange--Timnothy Field.
- From the county of Elkhart--H. G. Davis.
- From the counties of Elkhart and Noble--George W. Chapman.
- From the county of Marshall--Daniel McDonald.
- From the county of St. Joseph--James C. Williams.
- From the counties of St. Joseph and Marshall--Amasa Johnson.
- From the county of Laporte--Simon Wile.
- From the counties of Laporte and Starke--J. C. Pealle.
- From the counties of Pulaski, Jasker and Newton--J. P. Barnett.
- From the county of Porter--Gilbert A Pierce.
- From the county of Lake--E. C. Field.
- From the county of Ripley--T. W. Sunman.
ELECTION OF SPEAKER.
On motion of Mr. HAMILTON, it was
Ordered, that the house proceed at once to the election of Speaker, and that the election be taken by a viva voce vote.
Mr. BUSKIRK nominated Hon. A. P. Stanton, of Marion county.
Mr. CORY nominated the Hon. John E Coffroth, of Huntington county.
The vote having been taken was announced by the clerk, to-wit:
Mr. Stanton received 54 votes.
Mr. Coffroth received 44 votes.
The ballot is as follows:
Those who voted for Mr. A. P. Stanton, Representative from Marion county, were,
Messrs. Baker, Barnett, Beeler, Bowen, Breckinridge, Buskirk, Chapman, Chittenden, Coffroth, Davidson, Dunn, Fairchild, Field of Lake, Field of
page: 23[View Page 23]Lagrange, Furnas, Gilham, Gordon, Greene, Hall, Hamilton, Higbee, Higgins, Hutson, Johnson of Parke 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 Rash, Taber. Underwood, Vardeman, Vater, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union and Wilson--54.
Those who voted for Mr. John R. Coffroth, of Huntington, were,
Messrs. Addison, Admire, Barrett, Bates, Britton, Calvert, Carnahan, Cave, Cory, Cox, Cunningham, Dittemore, Fuller, Ghormley, Hutchings, Hyatt, Johnston of Montgomery, Lawler, Logan, Long, McBride, McDonald, McFadin, McGregor, Miles, Miner Mock, Montgomery, Neff, Odell, Palmer, Pealle, Shoaff, Shoemaker, Sleeth, Stanton, Sunman, Tebbs, Welborn, Wile, Williams of Knox, Zenor and Zollars-- 44.
Whereupon the election of Mr. Stanton was formally announced, and Messrs. Buskirk and Coffroth, being requested to do so, conducted the Speaker to the Chair.
The Speaker then, addressing the House, said:
GENTLEMEN:--In entering upon the discharge of my important and arduous duties this morning, I desire first to return to you my hartfelt and sincere thanks for the high and distinguished honor which you in your kindness have conferred upon me. I wish also to assure you in advance of the fact, and I regret such is the fact, that I have neither the Legislative experience, nor that familiar acquaintance with parliamentary usages and customs which will enable me to preside over your deliberations with that ease, promptness and freedom from error which I so much desire. But relying upon your generosity, and asking your cordial aid and co-operation I promise you an earnest and faithful endeavor upon my part to impartially and satisfactorily discharge the duties of my position.
Assemblying as we do under the most favorable auspices, let us in all our acts, as the Representatives of the noble people of our great State, continually bear in mind that in our doing right, we will do well. As we all know, the great and mighty struggle through which we have recently passed in disarming treason, and enforcing law, has entailed upon the nation a large and oppressive financial burden, and after generously providing for the comfort of those unfortunate persons who are the recipients of the bounty of the State, and for the comfort and wants of those noble and brave men who have been disabled while gloriously battling in our defense, let us guard well in all things the expenditures and disbursements from the treasury of the State. The labors to be performed are great, the time in which they are to be done is short, and bringing to their performance, as I am sure you will, an integrity of purpose that is above corruption, and an energy and determination that know no tiring. I trust and believe that you gentlemen will make a record of which you and yours may justly be proud, and with which your constituents will be well be satisfied, and now with pleasure I announce that the House is ready for further business.
Mr. J. S. Cotton, a member from the county of Whitley, presented his credentials, and was sworn in by the Speaker.
ELECTION OF CLERKS AND DOORKEEPER.
Upon the adoption of a journal order for the election of Principal Clerk of the House of Representative--
Mr. McFADIN nominated Frank Cunningham, Esq., of Marion county.
Mr. RATLIFF nominated W. M. Mervin, Esq., of Putnam county.
Mr. WILLIAMS proposed to amend the order for the election by adding these words "whose salary, including all necessary assistants, shall be $1,500. He was proceeding to state and defend his amendment, until--
Mr. OSBORN submitted the point of order that the amendment was not germane to the original proposition.
The SPEAKER sustained the point of order and the election proceeded.
Mr. Merwin received 55 votes.
Mr. Cunningham received 43 votes.
Mr. Merwin was declared to be elected, and received the oath at the hands of the Speaker.
A message from the Senate by O. M. Wilson, their Clerk, announced the organization of that body.
Mr. SHOAFF moved the order which was adopted, for the election of Assistant Clerk, and nominated Captain John Hansel of Putnam County.
Mr. CHITTENDEN nominated Mr. John O. Hardesty, of Madison county.
Mr. Hardesty received 54 votes.
Mr. Hansel received 44 votes.
Mr. Hardesty was declared to be elected, and sworn in by the Speaker.
Mr. HAMILTON moved the order which was adopted, for the election of Doorkeeper.
Mr. DITTEMORE nominated Mr. W. H. Jennings, of Johnson county.
Mr. DUNN nominated Mr. McConn, of Wa-aash county.
Mr. McConn received 54 votes.
Mr. Jennings received 44 votes.
Mr. McConn was declared elected and qualified by the Speaker.
On motion of Mr. RATLIFF, it was ordered that the Clerk inform the Senate of the organization of the House.
RESOLUTIONS.
Wr. WILDMAN offered the following resolution:
RESOLVED, That the rules of the last Legislature, be the rules of this house until others are adopted,
page: 24[View Page 24]and that a Committee of five be appointed for the purpose of revising the rules for the government of this house and make a report on Monday morning.
Mr. PIERCE, of Porter, moved that the time be extended till Monday morning.
Mr. WILDMAN accepted.
Mr. OSBORN proposed to amend by adding that the Librarian be requested to furnish members with copies of the rules of the last House.
Mr. COFFROTH objected to the amendment, as it would be an order for printing the rules.
Mr. OSBORN modified his amendment so as to request the Librarian to distribute such copies of the rules of the last House as he may now have on hand.
Mr. WILDMAN accepted, and so the resolution was adopted.
Mr. SKIDMORE offered the following:
Resolved, That a Committee of five be appointed, who, with the Speaker, principal and Assistant Clerks and Doorkeeper, shall have a general supervision of all the employes of the house, and fix the number to be employed; and that they report their doings to this house.
Mr. RATLIFF moved an amendment that no employe receive pay unless confirmed by this committee.
It was accepted, and so the resolution was adopted.
A message from the Senate announced a Joint Committee on the part of the Chamber to wait on the Governor. Subsequently--
On motion of Mr. Hamilton the Senate mes-age was concurred in and Messrs. Buskirk, Coffroth and Pierce of Porter appointed on the part of the House.
Mr. CHITTENDEN offered the following, which was adopted.
Resolved, That a Special Committee of seven be appointed, who shall fix the amounts that shall be allowed to each member and officer of the house, for stationery and postage stamps, and the number of papers to be furnished by the house, and that said Committee be requested to report by to-morrow morning, and that all resolutions on the subject of stationery or papers be referred to said Committee without debate.
Mr. VATER offered the following:
Resolved, That the Doorkeeper be instructed to procure and place upon the desks of members two in wrappers and one open, three copies each of the Indianapolis Morning Journal, Sentinel, Telegraph, Evening Commercial and Weekly Volksblatt,
Mr. RUDDELL proposed the Evening Mirror.
The Speaker said these orders would go to the committee.
Mr. PIERCE submitted an order; that the Speaker be authorized to appoint the Pages.
After some discussion between Messrs. Johnson and Shoaff, McFadin and Coffroth, the order was adopted.
Mr. SLEETH moved ineffectually for an order to supply members with copies of Gavin and Hord.
Mr. McFADIN offered the following which was adopted:
Resolved, That until further ordered, th Doorkeeper be requested to obtain the letters and other mail matter from the Post Office and distribute the same to the members of the Honse.
Mr. PIERCE offered the following which was adopted:
Resolved, That the Speaker be and is here by authorized to appoint as many Pages as may be necessary for the transaction of the business of the House.
DISTRIBUTION OF SEATS.
Mr. COFFROTH offered the following:
Resolved, That the seats in this Hall shall be awarded to the members by lot. And to that end, the Clerk is hereby instructed to prepare ballots or cards on all of which shall be written the name of a member; that the names of such members as belong to the party in the majority shall be placed in a box, and the names of such members as belong to the minority shall be placed in another box. That on Friday morning, the 8th inst, at 10 o'clock, the Clerk shall draw alternately one hallo from each box, and as each name is thus drawn such member shall select a seat. Provided, That the members of the majority shall select from the seats from that half of the Hall which is to the right of the Speaker, so long as any seats remain vacant on that side, and members of the minority shall in like manner select seats from the other side of the Hall.
Mr. SMITH made an ineffectual motion to lay the resolution on the table--yeas 45, nays 52.
So the motion to lay on the table did not prevail.
Pending its discussion--
The House took a recess till two o'clock p. m.
AFTERNOON SESSION.
The Speaker resumed at two o'clock, and the House returned to the consideration of Mr Coffroth's resolution to distribute the seats by lot, prescribe the manner of distribution, etc.
Mr. HAMILTON moved that the resolution be indefinitely postponed. He hoped the resolution would not pass Another "deal" of the seats would create as much dissatisfaction as now exists. Besides he did not want to be separated from his Democratic brethren. He wanted to sing with them and do them good He moved an indefinite postponement of the whole matter.
Mr. McFADIN was satified with his seat but he must differ with the gentleman from page: 25[View Page 25] Vigo. When a division is made fairly, and a party is beaten fairly, every body is satisfied. Let us have a fair division by lots. He would be happy to sit with Republicans, but for the benefit of business it would be better that the parties should be separate. Besides, the plan would relieve the Librarian of a great trouble and responsibility.
Mr. OVERMYER moved to amend by striking out all of the resolution after the word "lot," in the second line.
Mr. HAMILTON made the point that a motion to amend could not be made pending a motion to indefinitely postpone.
Mr. COFFROTH stated the order--the motion to amend was in order.
Mr. OVERMYER explained that the effect of his amendment would be, to simply strike out the manner of seating members--to strike out all in the resolution of Mr. Coffroth referring to the seats being chosen upon the right and left sides of the House. Let the question be determined upon the simple proposition whether the House wants a change in the distribution of the seats, if at all. The motion was in the nature of an amendment to the original proposition, and took precedence of Mr. Hamilton's proposition.
Mr. BOBO wanted the original resolution of Mr. Coffroth. The gentleman from Vigo, (Mr. Hamilton) who wants to get with the Democrats, can be accommodated after the right side of the hall is filled up, by selecting a seat on the left with his friends of the minority.
Mr. DITTEMORE moved to lay amendment on the table.
The vote resulted in a division; affirmative 61, negative not counted.
So the amendment was laid on the table.
Mr. NEFF moved to postpone the further consideration of the subject for one week.
On motion by Mr. Williams of Knox the motion to postpone was laid on the table.
Mr. SABIN moved to refer the resolution to the Committee on Stationery.
Mr. COFFROTH moved the previous question, but withdrew for--
Mr. RATLIFF, who offered the resolution, and objected to the arrangement because the Republican majority would be separated from the fifty members of the same party on the right side, with the Democratic minority between in a body. If the line of the division were made in some other place than in the main aisle, so as to accommodate the Republican majority, he would have no objection to the proposition.
Mr. COFEROTH answered objections and gave considerations in favor of his resolution. He closed by renewing his demand for the previous question. But he withdrew the demand for--
Mr. GORDON, who agreed to renew it when he had submitted views against the proposition. He agreed with the gentleman from Vigo, [Mr. Hamilton] in regard to the probable disaffection of another reseating. He was in favor of remaining where the members were, unless private compromises could be made. He did not like the idea of the Republican majority being set off by themselves with the Democracy, where the minority would have an advantage over them.
The demand for the previous question was further withheld, for--
Mr. JOHNSTON, of Parke, who raised other objections to the resolution, especially because it proposes to distribute the seats with respect to parties--Republicans on the right and Democrats on the left. He agreed with the the Republicans who had spoken. He could see no good to result from a change. If members have been dilatory in seeking for seats and got bad ones, they should not complain of their own want of vigilance. Besides, he thought it better that the members of the different parties be thrown together. The Legislature was assembled to legislate for the whole State, and not for parties. When political questions arise the parties can act together just as well where the seats now are, as were they seated together.
The demand was further withheld for--
Mr. PIERCE, of Porter, who was well enough satisfied with the resolution. A proposition was made by Mr. Coffroth, on behalf of the minority, that the majority could take seats on the left side of the Speaker, and after they had been filled, then take the number of seats necessary at the rear and front of the first tier, to accommodate the majority left over.
Mr. COFFROTH was proceeding to answer objections, until a point of order against his right to speak the third time on the same question was made by Mr. Osborn, and sustained by the chair. He then demanded the previous question, but the House refused to sustain the demand.
The question then recurred on the motion to refer the resolution to the committee of Seven on Stationery.
Mr. McFADIN opposed the motion to refer. The question was well understood here now. He desired to take away the advantage of members living near the capital for obtaining eligible seats. All the minority wanted was fair play. When the Committee report on the subject the same debate will have to be gone over. Besides, it is a polite way of burying the proposition.
Mr. HAMILTON wanted a direct vote. The House was ready to vote now on the subject, and it should do it to-day and immediately. He was distinctly opposed to the reso- page: 26[View Page 26] lution. It was not worth the time of the House. He moved to lay the motion to refer on the table but there being no second to the motion--
Mr. OSBORN took the floor in opposition to the resolution. It would work hardship to the republican members. He was in favor of reference. He could not see that the House would be any better satisfied with a redistribution than they are at present. He was opposed to the idea of massing the Democracy and dividing the Republican. Too much talk was made on a subject of no importance. Our talk costs the State $500 or $600 a day, and the importance of the subject does not pay.
The vote was taken on the motion to refer, which the Speaker decided to be in the affirmative. A division was called for, which resulted in the defeat of the motion.
The vote was then taken on the motion to indefinitely postpone.
It was agreed to; so the resolution was lost.
SPECIAL COMMITTEES.
The Speaker announced the following committees to act under resolutions adopted this day:
Special Committee on Employes--Messrs, Skidmore, McFadin, Dunn, Neff and Stewart, of Rush.
Special Committee on Rules--Messrs. Wildman, Buskirk, Coffroth, Carnahan and Gordon.
OFFICERS AND EMPLOYES.
Mr. VATER submitted a resolution to-wit:
Resolved, That any elected or appointed officer of this house who shall be guilty of intoxication during the session of this body, shall immediately forfeit his position and all compensation whatever thereafter; and that any page who shall be guilty of using tobacco, intoxicating drinks or profane language, shall be dismissed by the Speaker and forfeit all compensation thereafter.
Mr. HAMILTON proposed to amend by striking out so much as refers to the use of tobacco.
Mr. VATER had offered the resolution in good faith. A boy that uses tobacco was not fit to be a page of this House.
Mr. HAMILTON. It was an unsettled question whether it is right or wrong to use tobacco. It was a question that could hardly be settled even by the ecclesiastical courts, and it was wholly out of place here. But, considering, that the tobacco clause refers only to the pages, and that the pages have not yet been appointed, he would withdraw his amendment and objection to the resolution.
Mr. SHOAFF said: He feared that, in this resolution, we might be requiring of others that which we are not willing to bow down to ourselves. Acts that constitute moral character should be spontaneous. To show themselves worthy, men should act without constraint--from an innate impulse. Whilst he approved the sentiment and the object, he co did not approve of the means proposed to bring them about.
Mr. McFADIN objected to the resolution, because, under its operation, it might be difficult to get officers. Besides the resolution was in the line of special legislation. It was to apply to a partiular set of men. It was also a reflection upon the officers of the House whom we have elected to-day, that we should propose to place a bridle upon them, or control their appetites. He was opposed to all evasive motions--preferred a direct vote--to vote the resolution down.
The resolution was adopted upon a division.
RESOLUTIONS.
Mr. PIERCE of Porter, offered the following, which was adopted:
Resolved, That the Committee appointed on the part of the house and the senate to wait upon the Governor, be requested to secure the services of some suitable clergyman to open the session of the Legislature with prayer, immediately preceding the delivery of the Governor's Message.
Mr. DITTEMORE offered the following which was adopted:
RESOLVED, That the daily meetings of this House be at 9 o'clock a. m., until otherwise ordered.
Mr. McDONALD offered the following which was adopted by consent:
RESOLVED, That newspaper reporters be allowed seats inside the bar for the purpose of reporting the proceedings of this House.
Mr. STEWART of Rush, offered the following:
RESOLVED, That the Librarian be directed to procure a copy of Gavin and Herd's Revised Statutes for the use of each member of this House.
He said these Statutes were necessary in our business here. The Senate had just ordered copies for the use of Senators; and the Senate was a more permanent body than this, and if they were necessary in that body they were necessary here. He accepted an amendment to include the acts of 1867.
Mr. COTTON moved to amend by adding the following: "and they shall be returned to the Librarian at the close of the session for the use of future Legislatures."
But there was no second to the motion.
Mr. MASON moved ineffectually, to lay the subject on the table.
The resolution was then adopted.
Mr. PIERCE of Porter, moved to reconsider the vote by which the resolution was adopted, and then moved to lay that motion on the table.
The latter motion was agreed to.
Mr. SHOAFF moved to reconsider the order for the Statutes. On inquiry he found that they cost about twelve dollars a set.
page: 27[View Page 27]Mr. OSBORN made the point of order, that, by the adoption of the latter motion just made by the gentleman from Porter, this question for procuring the statutes was carried beyond the power of the House to reconsider.
The SPEAKER sustained the point of order so Mr. Shoaff's motion to reconsider was not entertained.
The Speaker announced the following special committee under a resolution adopted this day.
Special Committee on Stationery and newspapers--Messrs. Chittenden, Pierce, of Porter, Ruddell, Neff, Dittemore, Vater and Tabor.
On motion the House adjourned till to-morrow morning at nine o'clock.
