THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
TUESDAY, February 9, 1869.The House met at nine o'clock a. m.
The SPEAKER directed the Clerk to read the journal of yesterday; and the same having been read and approved--
On motion of Mr. UNDERWOOD Mr. of Knox took the chair.
On motion of Mr. GORDON, Mr. Barritt obtained leave of absence till next week.
PETITIONS ETC.
Described as follows were presented and referred to appropriate committees:
By Messrs. VATER, Tebbs, Gilham, Bates and Mitchell, on the subject of Railroads.
By Mr. UNDERWOOD from citizens of Fort Wayne, for passage of a certain bill, to authorize building associations.
By Messrs. WILDMAN (5,) Williams of Hamilton, Stewart of Rush, Stephenson, Breckinridge and Shoaff (2) on a prohibitory Temperance law.
By Mr. HALL, on Roads and ditching.
By Mr. BAKER and Mr. Fairchild, for the repeal and amendment of the gravel road law.
By Mr. CARNAHAN. a claim and a petition for change of the registry law.
By Mr. BRITTON, for raising the pay of jurors.
By Mr. STEWART of Rush, for Webster's dictionary in the school-houses.
By Mr. WILE, in regard to German schools.
By Mr. VATER, from the State Temperance Alliance indorsing Senate bill 36.
By Mr. SHOEMAKER, a claim.
By Mr. FAIRCHILD. for reducing the salaries of certain State and county officers.
By Mr. WILSON, for relief of Nicholas Moreback (2.)
REPORTS FROM COMMITTEES.
Mr. GORDON, from the Judiciary Committee, returned Mr. Green's road cost bill, [H. R. 148] recommending its indefinite postponement.
The report was concurred in.
He also returned Mr. Shoemaker's land-tax sale limitation bill [H. R. 152] recommending its passage.
Mr. DUNN, from the same committee, returned Mr. Wilson's justices jurisdiction bill [H. R. 31] with amendments.
Mr. STEPHENSON returned the committee's tax lien bill [H.R. 136] recommending its passage with amendments.
He also reported a recommendation to indefinitely postpone Mr. Mitchell's Court and County Board limitation bill [H. R. 159.]
Mr. MITCHELL explained the object of the bill, and the evils sought to be remedied.
Mr. STEPHENSON expressed the views of the committee on the bill, which were that the provisions of the bill were in conflict with the law.
The House concurred in the report.
He also returned Mr. Ratliff's practice act amendment bill [H. R. 111] recommending its passage.
Mr. WILSON returned Mr. Davis' coroners bill [H. R. 173] recommending that it be indefinitely postponed, which was concurred in.
He also returned Mr. Vardeman's real estate appraisement amendment bill [H.R. 107] in regard to equalization, recommending indefinite postponement.
Mr. WILSON, Mr. WILDMAN, Mr. RATLIFF and others stated that the points page: 308[View Page 308] in this bill were met by legislation already had.
Mr. VARDEMAN could heartily acquiesce in other legislation, but he thought longer time should be given for the Assessors to report to the county Auditors. The main point he was after was to shorten the time in which results might be known.
On his motion, the report was laid on the table.
Mr. KERCHEVAL, from the Committee on Banks, returned his bank shares tax bill [H. R, 170] recommending passage, and he returned the report of the bank of the State, with the report that they know nothing of the facts therein contained, but simply that the report is made according to the form prescribed by law.
Mr. VATER from the Committee on Education, submitted the following report:
Mr. SPEAKER:
Your Committee, to whom was referred a petition of sundry citizens of Warren county, asking for a change in the school law, so as to allow the people of each township their own Congressional fund and distributive share of Common School fund, have had the same under consideration, and respectfully report, that to do so would destroy the uniformity of our Common school system, and prevent our schools from being free and equally open to all, and therefore it is not within the power of the General Assembly to make the change.
These reports were concurred in.
Mr. HIGGINS, from the Committee on Agriculture, returned Mr. Wilson's weights and I measures bill [H. R. 109] recommending passage.
Mr. BEELER returned Mr. Barnett's geological bill [H. R. 165] with amendments, etc.
Mr. FULLER, from the Committee on Federal Relations, returned the joint resolution [H. R. 5] in relation to finance with an amendment.
Mr. MILLIKAN, from the Roads Committee, returned Mr. Buskirk's road extention bill [H. R. 22] with amendments, etc.
Mr. PALMER, from the same committee, returned a resolution requesting the Committee to report a bill authorizing Township Trustees to distribute the road tax in the road district wherein the real estate is situated, &c., and in obedience to the request reported "a bill to amend section twenty, of an act entitled an act providing for the election or appointment of Supervisors of Highways, and prescribing certain of their duties, and those of County and Township officers in relation thereto approved March 5, 1859."
Mr. UNDERWOOD, from the Committee on Insurance returned his married woman's insurance bill [H. R. 96] authorizing married women to take policies of Insurance on the lives of their hunbands, in case the premium on said policy does not exceed three hundred dollars per annum, with amendments, which, he said are satisfactory to all parties.
Mr. BARNETT, from the special committee thereon, returned two bills (Mr. Neff's No. 156, and Mr. Lamborn's No. 151,) to prevent the spread of the Spanish cattle fever, recommending indefinite postponement.
These reports were concurred in.
Mr. STEWART of Rush, from the special committee on a separate female prison, reported a bill [H. R. 176] to provide for a reformatory institution for girls and women, which was read the first time. (It appropriates fifty thousand dollars for a building site, etc. It is identical with the printed bill on that subject heretofore introduced into the Senate and printed.)
On motion of Mr. CORY, it was referred back to the committee reporting it.
FEMALE SUFFRAGE.
Mr. WELBORN (by consent) submitted a concurrent resolution, reciting the pending Congressional Constitutional amendment, to give the ballot to the negro, and resolving for Congressional instruction for female suffrage, by constitutional amendment.
Mr. UNDERWOOD moved that it be indefinitely postponed.
Mr. WILSON objected to the resolution.
Mr. WELBORN moved to make the concurrent resolution the special order for Wednesday.
On motion of Mr. RATLIFF, the motion to make it the special order was laid on the table--yeas 49, nays 30.
BILLS FOR ACTS
Were introduced, read the first time, and appropriately referred to Committees unless otherwise stated:
Mr. ADMIRE, [H. R. 175] to amend section 30 of the common school law[with reference to the compensation of school directors.]
Mr. BAKER, a joint resolution, [H. R. 8] for Congressional instruction for removal of disabilities from soldiers who left their commands without leave after April, 1865.
The Committee on Election bill [H. R. 178] to amend the 5th section of the Township Trustees act.
The same Committees bill [H. R. 179] to repeal and amend section 1 of the general Constable act.
Mr. BEELER, [H. R. 180] defining the crime of grand and pettit larceny, and repealing the conflicting clauses, sections 19 and 20, of the act of June 14, 1852.
Mr. BRITTON, [H. R. 181] authorizing incorporated towns and civil townships to subcribe for railroad stock, running through said townships, etc.
Mr. BRECKINRIDGE, [H. R. 182] prescribing certain duties, as the services of Prosecuting Attorneys, in Criminal Courts, to be paid by the counties, (by salary.)
page: 309[View Page 309]Mr. BUSKIRK, [H.R.183] supplemental to the act to authorize the trustees of townships, of incorporated towns, and the proper officers of the cities, to leavy taxes for school purposes.
On motion of Mr. WILLIAMS, of Knox, (at eleven o'clock,) the regular order of business was suspended for bills, etc.
Mr. CAVE, [H. R. 184] to amend section 160 of the common school law of March 6, 1865.
The SPEAKER here announced the following Committee on Location of the Agricultural College:
| First District-- | Mr. Calvert. |
| Second District-- | Mr. Long, of Jackson. |
| Third District-- | Mr. Gilham. |
| Fourth District | Mr. Cory. |
| Fifth District-- | Mr. Beeler. |
| Sixth District-- | Mr. Buskirk. |
| Seventh District-- | Mr. Breckinridge. |
| Eighth District-- | Mr. Ratliff. |
| Ninth District-- | Mr. Shoaff. |
| Tenth District-- | Mr. Coffroth. |
| Eleventh District-- | Mr. Davidson. |
Mr. CHITTENDEN, [H. R. 185] providing that all legal notices authorized by law, including the delinquent tax lists, to be published in two papers of the county, representing the two different political parties.
Mr. COFFROTH, [H. R. 186] providing for supplemental executions and records of justices of the peace, being supplemantal to the justices' act of June 9, 1852.
Mr. CORY, [II. R. 187] to repeal the act to authorize road assessment of May 12,1822, and March 12, 1867.
Mr. COTTON submitted a resolution, that Mr. Coffroth's German school bill [H. R. 62] providing for teaching German in common schools, be made the special order for Wednesday 10 o'clock A. M.
Mr. JOHNSON, of St. Joseph, moved, ineffectually, that the resolution be laid on the table--yeas 37, nays 47.The resolution was then adopted.
Mr. COX, [H. R. 188] prescribing who shall be compenent witnesses in the several courts of this State.
Mr. DAVIDSON submitted a resolution for instructing the Committee on Organization of Courts to have leave of absence for the consideration of the matter of redistricting the State for judicial purposes.
Mr. WILSON said the committee had already considered, and reported the opioion that it is best not at this time to redistrict the Stat, nor the terms, nor to change the terms, nor create new districts, except where they are demanded.
Mr. DAVIDSON recounted some of the reasons calling for a thorough revision of the judicial districts.
Mr. WELBORN stated the opinion that redistricting is impracticable. The committee had reported for an order to refer this question to a special committee, which had not yet been done by the House.
The resolution was rejected.
On motion of Mr. BUSKIRK, the Committee on Ways and Means obtained leave of absenc- till two o' oclock; for the purpose of destroying cancelled bonds, to the extent of two millions of dollars at the Auditor's office.
Mr. BOBO, [H. R. 189] to amend the road act of 1852.
Mr. DAVIS, [H. R. 190] to amend section one of the act requiring recorders to certify to the record of deeds, mortgages, etc.
Mr. DUNN, [H. R. 191] amending the act regulating the fees of certain officers, (County Commisioners $4. a day.)
Mr. FAIRCHILD, [H. R. 192] to amend section 4 of the act appointing commissioners to sell certain real estate, and out of the proceeds to erect a suitable residence for Governor, and appropriating for house rent for the Governor $1500, per year in lieu of $5000. Referred to the Commmittee on Fees and Salaries.
Mr. FULLER, [H. R. 193] concerning interest on money, and repealing all laws inconsistent therewith--(7 per cent.)
Mr. FURNAS, [H. R. 194] to provide for the publication and distribution of the State Agricultural and Horticultural Reports, fixing the number of the former at 6,000 copies of 700 pages, and of the latter at 1,000 copies of 300 pages, of the style of binding of the reports of 1868.
Mr. GORDON, H. R [195] making it a penal offense to fell or destroy any tree without the consent of the owner.
Mr. GREEN, [H. R. 196] to amend section 4 of the liquor law of 1859.
Mr. HALL, [H. R. 197] to legalize the acts of Boards of Trustees of towns in this State in certain cases.
Mr. HUTCHINGS, [H. R. 198] to amend section 19 of the felony act of June 10, 1852.
Mr. JOHNSON, of Montgomery, [H. R. 199] to prevent the spread of distemper among horses, and prescribing punishment therefor.
Mr. JOHNSTON, of Parke, [H. R. 200] prescribing the county court terms in the eighth Judicial circuit.
Mr. JUMP, [H. R. 201] to amend section 3 of the act of March 9, 1865, providing for the inspection of illuminating oils; and repealing, etc.
On motion of Mr. FURNAS, the Committee on the House of Refuge had leave of absence for this afternoon.
Mr. KERCHEVAL, [H. R. 202] making certain appropriation therein amed. [Purchase money of the House of Refuge site.]
page: 310[View Page 310]NEWSPAPER CHARGE--FREE PASSES.
Mr. LAWLER, submitted a resolution for a committee to investigate charges against Mr. Beatty, representative forom the counties of Laporte and Starke, preferred by a writer in the Starke County Ledger.
The extract referred to, to the effect that Mr. Beatty had made improper proposals to railroads for passes, representing himself as a member of the General Assembly, etc. was read for the information of the House.
Mr. BEATTY denied the charge in the paper (that he had applied for railroad passes, proposing probable consideration to the railroad interest, etc.,) as false without qualification. He denied the charge in toto. He said that he had not only not made the proposals he is charged with having made, but he has absolutely not written a letter of any character to any President, Superintendent, or any managers of any of the railroads of the State. He said the publication was inspired by malice, and being totally groundless and false, he desired, if the House should not deem it too expensive, to have the matter thoroughly investigated by a committee.
Mr. RATLIFF said that unless the charges found indorsement by some member on the floor, so that there may appear some reasonable hope of effecting something by such investigation, he would oppose the resolution.
Mr. PIERCE, of Porter, and Mr. McFADIN, regard the resolution as unworthy of no-notice here.
Mr. BEATTY made a statement still inviting investigation, and denying in detail the whole story, pronouncing it a wicked and baseless fabrication.
Mr. JOHNSON of Parke, willing to take the gentlman's word, moved that the resolution be laid on the table.
It was tabled accordingly.
Mr. LAMBORN submitted a resolution for a special committee, to report a bill against Prize Fighting in this State.
Mr. STEPHENSON, stating that there was pending a stringent bill in relation to that matter--
Mr. LAMBORN asked and obtained leave to withdraw his resolution.
The House then took a recess till two o'clock p.m.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at two o'clock p. m., and announced the consideration of the special order, viz: Mr. Bobo's common pleas judges' salary bill [H. R. 9.]
COMMON PLEAS JUDGES' SALARY.
A call of the House determined seventy-seven members present.
Mr. VATER said that the bill had been debated fully he thought, and believing that the House would sustain him in that view, moved the previous question.
Mr. BOBO asked that the motion be withdrawn to admit of remarks.
Mr. VATER insisted upon his demand for the previous question, and there was a second, and the main question was ordered.
The SPEAKER stated the first question to be on the amendment to strike out and insert the words "two thousand dollars."
The amendment was rejected, and the question recurred on the engrossment, which was decided in the negative.
Mr. BUSKIRK moved to reconsider the vote just taken, rejecting the engrossment of Mr. Bobo's bill.
On motion of Mr. OSBORN this motion to reconsider was laid on the table.
On the motion of Mr. McFADIN the orders of the day were suspended for the call of the roll for bills and resolutions.
BILLS FOR ACTS
Were introduced, read the first time and referred as follows:
Mr. DITTEMORE, not being present this morning when his name was called, was permitted to introduce a bill [H. R. 203] fixing the times of holding circuit courts in the several counties composing the sixth judicial circuit, etc.
Mr. MASON, [H, R. 204] to amend section seven of the act regulating of the granting divorces, nullification of marriages, and decrees and orders of court incident thereto, of May 13, 1852, (causes of divorce.)
Mr. MCDONALD, [H. R. 205] to fix the time and length of term of the Common Pleas Court in the county of Marshall.
Mr. McFADIN, [H. R, 206] to repeal the registry act of March 11, 1867.
Mr. 'MILES, [H. R. 207] defining the duty of county commissioners, and providing for the safety of funds belonging to the county.
Mr. ODELL, (H. R. 208) to legalize conveyances of real estate made by married women, where they have joined their husbands by deed, etc.
Mr. OSBORN, (H. R. 209) to define certain offenses, therein mentioned, and prescribing punishment therefor(acts committed by conspirators declared to be felonies, etc.)
Mr. OVERMYER, (H. R. 210) to compel witnesses in civil actions to testify to all matters in the issue(without regard to self-crimination.)
Mr. PIERCE of Porter, submitted a resolution for five additional copies of the weekly Zukauft. It goes to the Committee on Stationery.
Mr. PIERCE of Vigo, (H. R. 211) to pre page: 311[View Page 311] vent dogs from running at large in the night time, and other matters connected therewith.
Mr. RATLIFF, [H. R. 212] to amend section one of the act fixing the pay of members of the General Assembly, of March 4, 1865.
Mr. SHOAFF submitted a resolution, which was adopted, for information from the Governor, in regard to females in the House of Refuge.
Mr. SHOEMAKER, [H. R 213] prescribing the duties of county Auditors in relation to cancel led county orders, and Assessor's lists, etc.
Mr. SLEETH [H. R. 214] to amend the mental to the act supplemental to the act of March 5, 1859, authorizing the purchasers of rail or turnpike roads, to organize as incorporated companies, etc., approved February 1, 1867.
Mr. STEPHENSON, [H. R. 215] to amend the act of authorizing the assessment of land within one and one-half miles of any plank, macadam or gravel road, etc., and repealing the act on the same subject, approved March 1, 1867.
Mr. STEWART of Rush, [H. R. 216] to amend the act (section thirteen) to enable owners of lands to drain and reclaim them, when the same can be done without affecting the rights of others, etc., approved March 11, 1847.
Mr. UNDERWOOD, [H. R. 217] to provide for the government and discipline of the State prisons, and for the oversight of county jails, and to repeal all laws inconsistent, etc.
Mr. VARDEMAN, [H. R. 218] providing for the education in the common schools of the State of disabled soldiers over twenty-one years of age, etc.
Mr. VATER, [H. R. 219] to amend section nine of the act providing for the assessment and collection of taxes on shares of stock in banks and banking associations.
Mr. WELBORN [H. R. 220] to authorize the amendment of bills of exceptions in certain cases therein mentioned.
Mr. WILDMAN, [H. R. 221] to provide for a uniform system of book keeping in the offices of county Treasurers and county Auditors--(Selden's system.)
Mr. WILLIAMS of Hamilton, [H. R 222] to entitle persons accused of crimes and misdemeanors to give their own evidence in the courts.
Mr. WILLIAMS of Knox, submitted the following:
WHEREAS, the printing done by the State Printer, for the past few years has cost the people of the State a very large sum ot money; therefore,
RESOLVED, That the members of the House of Representatives are in favor of abolishing the office of State Printer, and let all priniing by contract to the lowest responsible bidder.
Mr. WILLIAMS stated some of the facts as to the extravagant amounts of money paid by the State for sundry jobs, and compared prices of work by contract and by the State Printer--coming to the conclusion that by the contract system the State would save thirty three and a third per cent. of the gross amount paid. He introduced the agricultural reports of 1867 and 1868, the former done by contract being let to the lowest bidder, and the latter by the State Printer. He said that three thousand copies of the report of 1867, which contains almost two hundred more pages than that of 1868, cost three thousand dollars, whereas, but two thousand five hundred copies of the report of 1868, not as large by two hundred pages, the State had to pay the State Printer the same amount for. He argued from, this that the State Printer was charging exhorbitant prices, and thought it high time that we take some steps at reformation in this matter of public printing.
Mr. WILSON moved to refer the resolution to the Committee on Printing.
Mr. WILLIAMS moved, unsuccessfully, to lay the motion to refer on the table--yeas 38, nays 46--and the question recurred.
Mr. WILLIAMS appealed to the House to decide this question at once, without reference to the committee.
Mr. PIERCE said we have a bill for something like the object of the gentleman.
Mr. OYERMYER demanded the previous question, which was seconded, and under its force the resolution was referred to the Committee on printing--yeas 48, nays 36.
Mr. WILLIAMS of Union, submitted a resolution, which was adopted, for inquiring by the Committee on Education into the expediency of opening school houses to religious worship and Sunday schools.
Mr. WILSON, [H. R. 223] to repeal sections 445, 446, 447, 448, 449, 450, 451,455 and 456, and to amend section 453 of the general practice and procedure act. (In relations to executions.)
Mr. ZENOR, [H. R. 224] to amend section two of the act of March 2, 1865, to discourage the keeping of useless and sheep-killing dogs.
Mr. BOWEN submitted a resolution, which was adopted, for instruction to amend the law so that no man shall vote for supervisor out of his own district.
Mr. MCDONALD, [H. R. 225] fixing the terms of Common Pleas in Laporte and Marshall counties.
Mr. BEELER, (by consent) introduced a bill [H. R. 226] to prohibit clerks of courts from certifying the declaration of an alien to become a citizen of the United States, except in cases therein named.
On motion of Mr. COFFROTH the orders page: 312[View Page 312] of the day were suspended for bills and resolutions.
Mr. DAVIS, [H. R. 227] to amend section nine of the act providing for the election of supervisors of highways, etc., of March 5, 1859.
Mr. BAKER, (H. R, 228) to amend section three, of the amendatory act for the regulation of measures, approved June 9, 1852.
Mr. BRECKINRIDGE, (H. R. 229) to prevent the destruction of wild, harmless birds, etc., in this State, and fixing penalty, etc.
Mr. CAVE, (H. R. 230) to abolish the office of prosecuting attorney for the Court of Common Pleas, and transferring all criminal business to the Circuit Courts, etc.
Mr. COFFROTH, (H. H. 231) defining a crime or misdemeanor, and the punishment therefor. (Issuing a bill of lading without the article shipped, etc.)
Mr. DITTEMORE, (H. R. 232) allowing an increased rate of toll on plank, macadamized or gravel roads in certain cases, (where on account of public improvements the road has been damaged, etc.)
Mr. DUNN, (H. R. 233) amending section nine of the act regulating the fees of officers, and repealing former acts, approved March 2, 1865(fees of surveyors, etc.)
Mr. FULLER submitted a resolution, which was adopted, that the Committee on Ways and Means inquire what legislation is necessary to enable county Auditors and county Treasurers to collect delinquent taxes.
Mr. GREEN submitted a resolution for an order for two night sessions each week during the remainder of the session, commencing at seven and a half o'clock, p. m.
Mr. McFADIN opposed the resolution from the fact of bad ventilation and bad colds.
Mr. ODELL proposed to amend by fixing the night sessions for Tuesdays and Thursdays, which was accepted.
Mr. LAMBORN said he did not believe the Legislature has power to require him and other members to sit here day and night.
Mr. HIGBEE said that he lived too far away to be able to visit his home every week and return in time, and hence had to remain here all the time, and during one-fifth of the time in which the Legislature should have worked, although here and ready to respond to his name, he has been obliged to loaf around the city because the Legislature was doing nothing. Until members showed a disposition to work in the day time, he would not vote for night sessions.
Mr. MITCHELL also opposed the resolution.
Mr. SHOAFF would be in favor of night sessions for specific objects.
Mr. DAVIDSON. Until gentlemen show a disposition to occupy the day time, he should oppose night sessions.
Mr. McDONALD moved to lay the resolution on the table.
The motion was agreed to--yeas 50, nays 33.
Mr. HAMILTON submitted a resolution, which was adopted, requesting the Auditor of State to furnish a statement of the number of insurance companies doing business in the State, and also the number of agents employed by them.
Mr. HUTSON submitted a resolution, which was adopted, tendering the thanks of the House to Messrs. Brockway and Coffin, for their prison reform addresses in this Hall.
Mr. JOHNSON of Parke, (H. R. 234) declaring the meaning of sections fourteen and sixteen of the act containing several provisions regulating landlord and tenant, lessor ad lessee, approved March 20, 1852.
Mr. KERCHEVAL, (H. R.235) to change the practice in criminal actions, respecting the argument in the case on trial.
Mr. LAMBORN, (H. R. 236) to repeal all laws or parts of laws in relation to shooting or trapping prairie hens or chickens.
Mr. MCDONALD, (H. R. 237) in relation to practice in the courts of this State,and the entry of judgment, filing answers, etc.
Mr. McFADIN submitted a resolution, which was adopted, that hereafter, this House shall meet at half-past nine o'clock in the morning, for the purpose of giving the different committees time to act on the propositions referred to them; and that this rule be in force for the balance of this week.
Mr. CORY, (H.R. 238) authorizing county commissioners to make appropriations of money and issue bonds in certain cases--(aiding railroads--bridges.)
Mr. MOCK (H. R. 239) defining who shall elect supervisors of roads, and repealing, etc.
Mr. OSBORN, (H. R 240) to amend section three of the act providing for the redemption of real estate or any interest therein, sold on execution, etc., approved June 4, 1861.
Mr. PALMER, (H. R. 241) defining certain misdemeanors and prescribing punishment therefor. (Adultery.)
Mr. PIERCE of Porter, (H. R. 242) to repeal section 18 of the act providing for settlement of decedents estates, and to amend so as to relieve the estates of infants from the useless expense of advertisements, etc.
Mr. SHOEMAKER, (H. R. 243) fixing the time when personal estates shall be listed, and defining the duties of Assessors, boards of county Commissioners, and boards of Assessors in relation thereto.
Mr. SLEETH submitted a resolution, which was adopted that the Committee on Roads inquire into the expediency of so amending the page: 313[View Page 313] law as to exempt all persons in districts where the roads are graveled, macadamized or piked.
Mr. STEWART of Rush, submitted a resolution directing the Committee on Ways and Means to incorporate an allowance of thirty collars each, to James C. Graham, and other marshals for collecting Presidential election returns by appointment of the Government.
It was referred to the said Committee.
Mr. UNDERWOOD, (H.R.244) to amend section six of the act to fix the times of holding the Common Pleas Courts in the several counties of this State, etc.
Mr. VATER, (H. R. 245) to amend section three of the act authorizing the construction of plank, macadamized and gravel roads, etc., (in relation to tolls.)
Mr. WELBORN, (H. R. 246) to enable rail road companies to issue bonds to cities, towns and counties and to authorize cities, towns and counties to issue bonds, and to buy the bonds of railroad companies, etc.
Mr. WILLIAMS of Hamilton, (H. R. 247) to amend section one and one hundred and twenty-two of the act approved March 11,1861, and define who are liable to pay poll tax, etc.
Mr. WILLIAMS of Knox, submitted a resolution declaring that the members of the House of Representatives are opposed to the amendment of the Constitution of the United States, so as to allow negro suffrage in the United States.
Mr. LAMBORN moved to lay the resolution on the table.
The yeas and nays thereon were demanded and ordered; and in process thereof--
Mr. BUSKIRK asked to be excused from voting.
The SPEAKER decided that it is too late for excuse after the roll call had been commenced.
Mr. BUSKIRK formally appealed from the decision of the Chair, and--
The decision of the Chair was sustained as the decision of the House by yeas 69, nays 1.
Mr. BUSKIRK having voted in the affirmative, moved a reconsideration, which motion was seconded.
Mr. RUDDELL moved to lay the motion on the table.
Mr. BUSKIRK demanded the yeas and nays.
Other questions of order becoming involved, and another vote by yeas and nays discovering no quorum present--
The SPEAKER cut the knot and prorogued the session without notice.
And then--
The House adjourned till to-morrow at half-past nine o'clock, a. m.
