THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
FRIDAY, February 12, 1869.The House met at half past nine o'clock a. m.
Mr. WILLIAMS of Knox, and Mr. PALMER obtained leave of absence for next week.
On motion of Mr. UNDERWOOD, it was ordered that when the House adjourns, to-day, it shall be till Monday at two o'clock in the afternoon.
On motion of Mr. BUSKIRK, the reading of the journal was dispensed with.
PETITIONS, ETC.
Messrs. Mock, Williams of Hamilton, Addison, Admire, Higbee and Bowen severally presented petitions on temperance.
Mr. RUDDELL. A claim.
Mr. RATLIFF. On female prison.
Mr. BUSKIRK. The claim of Capt. John Campbell.
REPORTS FROM COMMITTEES.
Mr. BUSKIRK, from the Committee on Ways and Means, returned the Insane Hospital appropriation bill [H. R. 150] with amendments. Also, Mr. Fuller's interest repeal bill, [H. R. 193] recommending indefinite postponement.
The report was concurred in.
Mr. OSBORN, from a majority of the Committee on the Judiciary, returned his void contracts bill [H. R. 103] recommending its passage.
Mr. COFFROTH, from the Committee on the Judiciary, returned the bill, [H. R. 61] to encourage the republication of Blackford's Reports, with amendments, by substitute--to be published by Callaghan and Cockcroft, and so recommending its passage.
Mr. GORDON, from the same committee, returned the bill, [H. R. 37] recommeding indefinite postponement.
It was concurred in.
Mr. STEPHENSON, from the same committee, returned Mr. Johnson of Parke's landlord and tenant amendment bill, [H. R. 234] recommending passage.
Mr. WILSON, from the committee returned Mr. Odell's married woman's bill, [H. R. 208] and the bill, [H. R. 80] recommending passage.
Mr. OVERMYER, from the Committee on the Organization of Courts, returned Mr. Underwood's court bill [H. R. 224] recommending its passage.
Mr. RATLIFF, from the Committee on Education, returned a resolution with reference to furnishing globes, etc., etc., to schools, recommending indefinite postponement.
It was concurred in.
Mr. STEPHENSON, from the Judiciary Committee, returned the bill, [H. R 235] to change the practice in criminal actions, in argument on trial, recommending that it be indefinitely postponed, another bill of the same purport being before the House.
The report was concurred in.
Mr. SHOEMAKER, from the Committee on County and Township Business, returned Mr. Cory's railroad bill, [H. R. 238] with amendments.
Mr. WILSON from the Committee on Cities and Towns, returned Mr. Monroe's street improvement bill, [H. R. 174] recommending indefinite postponement.
Mr. UNDERWOOD, from the Committee on Insurance, returned Mr. Stewart of Ohio's insurance bill, [H. R. 118] recommending indefinite postponement. It was concurred in.
page: 349[View Page 349]Mr. PALMER, from the Committee on Roads, returned Mr. Ruddell's highway bill, [H. R. 55] recommending indefinite postponement.
It was concurred in.
GERMAN IN THE COMMON SCHOOLS.
Mr. Coffroth's German teaching in the common schools bill, [H. R. 62] coining up as a special order, on the third reading, it was passed the final reading in the House of Representatives by yeas 77, nays 7, with an amendment of title.
Mr. BUSKIRK, explaining his affirmative vote said, that a few days since he move to recommit the bill, with instructions to the committee, to bring in a bill providing for the teaching of German in the schools, provided it could be done without extra expense to the people. He had learned, however, since that time, from the friends of the bill, that it will have practical operation in but few counties of the State, less than a dozen perhaps, and then only in townships with a large German population who pay their full share of the taxes, and under the circumstances he would vote for the bill. His before expressed opposition to it was chiefly on the score of its expensiveness.
Mr. SMITH, explaining his special reason for supporting it, was that our young men should thereby be fitted for business and commercial relations with our German population.
So the bill passed the House of Representatives.
REPORTS FROM COMMITTEES.
Mr. ODELL, from the Committee on Cities and Towns, returned Mr. Vater's bank tax bill [H. R. 219] with amendments.
He also returned Mr. Wile's taxation bill, [H. R. 153] with amendments.
Mr. McDONALD, from the special committee thereon, returned his Marshall County Common Pleas Court bill, [H. R. 205] recommending its passage.
Mr. BRITTON, from the Judiciary Committee returned the bill, [H. R. 209] recommending passage.
TERRE HAUTE AND RICHMOND RAILROAD AND THE COMMON SCHOOL FUND.
Mr. OSBORN, from the special committee thereon, submitted the following report:
To the Honorable Speaker and House of Representatives:
GENTLEMEN: The Special Railroad Committee who were charged with the investigation of the management and conduct of the railroads of the State, submit the following report of their proceedings, and facts learned in regard to the management of the Terre Haute and Indianpaolis Railroad. At the last General Assembly, a committee appointed by that body required the officers of that road to answer this question:
"Has the Terre Haute and Indianapolis Railroad Company any surplus earnings belonging to the School Fund?"
The question has been frequently asked, not only by committees, but by the people, who desire to know the fact, and no satisfactory answer has as yet been obtained, and your committee understanding the necessity of an answer, and the importance of the work assigned them, commenced their investigation by endeavoring to ascertain how far said company had complied with the twenty-third section of their charter, which reads as follows, viz:
"SEC. 23. That when the aggregate amount of dividends declared shall amount to the full sum invested, and ten per cent, per annum thereon, the Legislature may so regulate the tolls and freights that not more than fifiteen per centum per annum shall be divided on the capital employed, and the surplus profits, if any, after paying the expenses and receiving such proportion as may be necessary for future contingencies, shall be paid over to the Treasurer of the State, for the use of the Common Schools; but the corporation shall not be compelled, by law to reduce the toils and freights so that a dividend of fifieen per centum per annum cannot be made. And it shall be the duty of the corporation to furnish the Legislature, if required, with a correct statement of the amount of expenditures, and the amount of profits after deducting all expenses, which statement shall be made under the oath of the officer whose duty it shall be to make the same."
The question as to compliance with this section involves a question of interpretation of the statute, The committee have been advised that the company construe this section in such a way that by it the School Fund is entitled to nothing at their hands until the Legislature of the State shall have first ascertained that the aggregate amount of dividends declared shall amount to the full sum invested in the road, and ten per centum thereon, and then, have declared the amount due. The committee are of the opinion that this interpretation is erroneous, and that the statute simply means that the Legislature might, on a contingency, regulate the tolls. And if they thought it better, in the interest of the people, to reduce the freights and tolls, than to thus increase the School Fund, they might do so.
The Committee believe the clear intention of the trainers of the law was to give to the common schools the benefits of all profits arising from the road, over and above the fifteen per centum annually on the actual legitimate investments in this particular road.
But the committee regard this question as one more appropriate for the judiciary than for them to decide, and they do not see proper to present it further.
It has been ascertained that put of the eight hundred thousand dollars of capital stock originally subscribed to this road, but six hundred and thirty-ty-three thousand three hundred and eighty-seven dollars ten cents thereof has ever become an investment in the road. Before the road could be completed more money was needed, and the company issued her motgaged bonds to the amount of six hundred thousand dollars at seven per centum interest, and sixty-three thousand dollars at six per cent, interest, and by selling them raised money sufficient to advance the road to completion. On the 16th day of February, 1852, the first engine passed over the road, and business along the entire line comemnced. In 1853, the first dividend in January, denominated dividend No. 1, was twenty-five thousand two hundred and ninety-four dollars, twenty-four cents, as per the official report of the company attached hereto. And in the report of 1854, it will be seen that the sum of one hundred and forty-four thousand dollars of the seven per centum bonds was paid by the earnings of the road, and one thousand two hundred dollars of the six per centum bonds were paid in the same way, and certificates of stock issued to the stockholders therefor. The same year twenty-seven thousand four page: 350[View Page 350] hundred dollars of the surplus earnings of the road were paid on said bonds, for which it seems no certificates were issued. These bonds were gradually disposed of in this way out of the earnings of the road, and the capital stock thus apparently increased, as will be seen by reference to the official reports appended hereto.
The Committee do not question the right of stockholders to thus appropriate their proportion of the legitimate dividends, but they submit the question, can they thus swell the basis upon which dividends must be made, and thus force the reduction of the per centum in the same proportion that they increased the basis? It will be seen by the report of the Secretary of the company for the year 1855, that the entire cost of the road, including all appurtenances, and interest in the Union Depot and track at Indianapolis up to December 31, 1854, was one million, four hundred and sixty-five thousand, three hundred and twenty-one dollars, ninety-one cents, and it will also be seen that this amount, except the sum of six hundred and thirty-three thousand dollars of subscribed stock, before named, comes from the actual earnings of the road. If this were in fact investments in the road, according to the meaning of the term, as used in section twenty-three, then it would be the proper basis upon which to make dividends, and the reports of the company would inform us when the contingency would arise to authorize the Legislature to regulate the tolls, and the company when to commence the payment to common schools. The aggregate of dividends, if made on this basis, would amount to the full sum of the investments, and ten per centum per annum thereon, about the time of the dividends in 1863, as per reports of dividends appended hereto.
The committee find that large investments, outside of this road, have been made out of the surplus earnings of the road, as follows, viz::
| In 1855, Evansviile and Crawfordsville Railroad................ | $ 9,250 00 |
| In 1860, Extension of Evansville and Crawfordsvilie Railroad..... ........ | 94,552 00 |
| In 1863, United States 5.20 bonds.............................. | 100,000 00 |
| In 1805, stock in Cincinnati and Indianapolis Road............. | 50,000 00 |
| In 1865, stock in E. H. and Nashville Railroad, by taking city of Evansviile bonds................................. | 55,000 00 |
| In 1866, expended on St. Louis and Vandalia and Terre Haute Railroad.. ............................... | 191,258 47 |
| In 1866, North Branch Road..................................... | 8,517 08 |
| In 1866, Union Star Line....................................... | 2,500 00 |
| Aggregate............................... | $ 511,077 85 |
In the year 1856, a stock dividend was made of two hundred and sixteen thousand, five hundred and seventy dollars; and in 1863, another was declared of three hundred and seventy-six thousand, seven hundred dollars; in addition to the regular dividends. There was also an extra dividend made in 1865, of ninety-five thousand, seven dollars, fifty cents. In 1867, the Board of Directors, in order to prevent a projected consolidation of their road with other roads took out of the surplus earnings of the road the sum of five hundred and twenty-two thousand, nine humdred dollars, and though Mr. McKeen, the present President of the road, bought stock of their own road and placed it in the hands of Chauncy Rose, Esq., as trustee for the railroad company, thus securing to themselves a controlling power over the road, and the company now make dividends on this stock to themselves.
The committee has not been able to decide why it is that the stock of the road has been increased to the extraordinary amount of about three million dollars, by surplus of the earnings of the road, and then the purchase of that stock began by the road herself out of the net earnings by an expenditure in a year of five hundred and twenty-two thousand nine hundred dollars if there has been in fact no annual dividend exceeding fifteen per cent. While the officers of the road so construe the 23rd section before referred to, that there is nothing due the common school fund, yet they endeavor to show that their dividends have not exceeded fifteen per cent. If the capital stock has been thus increased from six hundred and thirty-two thousand dollars to the large sum of three million dollars, certainly more than fifteen per cent has been made, and all the net profits over fifteen per cent. on the legitimate investments, after allowing the stockholders the full sum invested, and ten per cent. per annum thereon, would belong to the School Fund of the State.
To ascertain the exact amount due the Common School Fund, it will be necessary to review all the dividends, and to give explanatory evidence, which the committee do not now submit for obvious reasons.
The thirteenth section of the charter reads as follows, viz:
"The State, in times of war, shall have the right to transport troops, munitions of war and provisions free of toll, on said road."
The company have a construction for this section also. They say that, under this section the State cannot claim a benefit, because the State has not been involved in war.
The section evidently means that no charge shall be made by this road in time of war (that is any kind of war that causes the State to ask for transportation of troops, &c.,) against the State.
During the late war the State was required by the general Government to raise a large number of troops, to engage in a defense, not only of her own citizens and soil, but of the whole country; and for the purpose it was necessary for the State to ask for transportation of troops, &c. It was not for this company to decide what kind of war they were to be engaged in, but it is enough for them to know that a war existed, and that the State asked for transportation of troops, &c.
A large sum of money has been paid this road for the transportation of troops, munitions of war, and provisions during the war, and if this section means any thing, it is that the State should have such transportation free of toll.
The managers of this road have displayed great ability in its financial business, and have made it a superior road. But they have had the benefits of a charter unequaled by that of any other for liberal terms; and while officers of the corporation complain that unjust investigations are made as to the conduct and management thereof, and legislation unfriendly to the interest of the road proposed, they cannot consistently deny the great liberality of the Legislature in enacting such laws as they asked, and repealed such parts of their charter as did not suit them.
While the committee commend the liberality extended to this and other railroads by the Legislature, they would suggest that a corresponding sense of justice and liberality ought to shown the people of the State on the part of corporations created and fostered by their law makers.
The officers of the road have kindly aided the committee in obtaining the facts here reported, and have promptly complied with every request made, and the committee have to thank them for their generous assistance, which has so much facilitated the labor of these investigations. The object of the committee in this investigation has been to ascertain the facts fully, and they have not investigated to their entire satisfaction all the law questions which might arise in litigation, and while they believe the spirit of the act and the intention of its authors were to give to the Common School Fund all over fifteen per cent, of the net earnings of the road, they admit the question is not entirely free from doubt, and that the twenty-third section is somewhat ambiguous.
They therefore recommend that a committee of three be appointed by the Chair further investigate, with power to send for persons and papers, and to administer oaths, and upon consultation with the Attorney General and the Governor of the State, to institute any proceedings necessary to insure a just settlement of all questions of liability of said page: 351[View Page 351] railroad company to the State, and recommend the adoption of a resolution providing for the appointment of such a committee appended hereto:
MILTON A. OSBORN,
A. E. GORDON,
GEO.
A. BUSKIRK,
S. L. McFADIN,
R. T. KERCHEVAL,
WILLIS G. NEFF,
J. R. COFFROTH.
RESOLVED, That a committee of three be appointed by the Speaker to further investigate the question involved in the special charter of the Terre Haute and Indianapolis Railroad Company, with power to send for persons and papers, and to administer oaths, and upon consultation with the Attorney General and Governor of the State, to institute and proceedings necessary to insure a just settlements of all questions of liability of said road to the State.
The report was concurred in, and the resolution was adopted.
The committee thereon returned the Medical Profession bill, [H. R. 24] with amendments.
Mr. WELBORN from the Judiciary committee, returned Mr. Osborn's Mob felony bill, [H. R. 209] recommending its passage.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committees:
Mr. BAKER [H. R. 249] to amend sections twenty and thirty-three of the supervisor's act of December 26, 1865.
Mr. BEELE [H. R. 250] to allow homestead of one thousand dollars to each householder who is head of a family.
Mr. BRITTON submitted a resolution fixing the hours for meeting and adjourning till the close of the session, which lies over one day.
Mr. CHITTENDEN, [H. R. 251] to legalize the assessment of taxes for the State debt, the State Debt Sinking Fund, [the tax of twenty cents on each one hundred dollars 1867, 1868, and of five cents for 1869 for State Debt Sinking Fund purposes.]
Mr. COFFROTH submitted a resolution directing the Committee on Prisons to inquire into the expediency of providing by law, that the same Board of Trustees shall examine and control both the Northern and Southern Prisons.
It was adopted.
Mr. CORY submitted a resolution, that no leave of absence shall be granted after this week except for special causes shown, and by a vote of the House.
Mr. GORDON proposed to amend so that leave of absence shall not be granted without unanimous consent.
Mr. BUSKIRK moved to lay the subject on the table.
The SPEAKER decided the resolution only declaratory of a rule of the House already adopted, and therefore out of order.
Mr. COTTON, [H. R, 252] to provide a board of trustees of, for, and to locate the Indiana Agricultural College; to provide for its endowment, employ teachers, etc., [accepting the donation of lands, etc., tendered by citizens of Hancock county, and locating the institution near Greenfield, in said county.
ORDERS OF THE DAY.
Mr. Dunn's bill, [H. R. 87] authorizing county commissioners to issue bonds to build school houses and pay debts, [to the extent of twenty thousand dollars; provided they shall not be sold for less than ninety-four cents on the hundred dollars,] coming up--
The committee amendments were adopted, and the bill was ordered to the engrossment.
Mr. Miles' Normal School appropriation bill, [H. R. 35]--five thousand dollars semi-annually out of the treasury of the State, instead of out of the school fund--was ordered to the engrossmeni.
Mr. Kercheval's cities and towns' Common School Trustee election bill, (H. R. 114) coming up--
Mr. KERCHEVAL said it was proposed by this bill to so change the law that the Board of Trustees shall be appointed by the new city or town council, instead of the old outgoing city or town council.
It was ordered to the engrossment.
Mr. Odell's first gravel road law repeal bill, (H. R. 43) coming up on the engrossment, with the committee's amendment, reserving powers and rights acquired under that act--
Mr. PIERCE of Porter, said the bill would cut off the power of the State to change or alter those rights.
The amendment was rejected, and then the bill was rejected.
Mr. Tebb's Aurora and Laugherty turnpike amendment bill, (H. R. 42)--regulating tolls was ordered to the engrossment.
Mr. Johnson of St. Joseph's, animals at large bill, (H. R. 143) was ordered to the engrossment.
Mr. Fuller's game law amendment bill (H. R. 82)--including quails--was ordered to the engrossment.
Mr. Palmer's certain idots provision bill, (H. R. 147) coming up, he proposed an amendment tor fees for services rendered under it.
The amendment was agreed to, and so the bill was ordered to the engrossment.
TAXATION OF PERSONAL PROPERTY.
Mr. Miles' personal property assessment bill (H. R. 141) corning up, with the committee's amendment--this act shall take effect July 1, 1870--which was adopted.
Mr. RATLIFF set forth objections to the bill, as applying to real estate.
page: 352[View Page 352]Mr. JOHNSON of St. Joseph, stated that the bill had respect only to personal property.
Mr. OSBORN was opposed to it, because it proposes to except the personal property of persons in debt. The debtor still has the use and benefit of his property. He thought the bill embodied a wrong principle. It would result, he said, in exempting such a large amount of personal property from taxation, so as to shift to the real estate an undue amount of the taxes. He illustrated his position by citing various hypothetical cases.
Mr. MILES replied, explaining the object of the bill as follows: A farmer buys a farm, for which he is to pay two thousand dollars. He pays cash one thousand dollars, and gives his note for one thousand dollars. He is compelled to have cattle and horses, and personal property of other kinds, to stock his farm, and he invests one thousand dollars in the purchase of this species of property. He is taxed on his farm for its full value, two thousand dollars, upon which he owes one thousand dollars. He is also taxed to the full value of his personal property. The object of the bill is to relieve the farmer of his indebtedness by deducting the amount thereof from his personal estate, thus making him pay tax only on what he really owns. Should the law compel taxes to be paid on property, which the tax payers does not own? The object was to screen farmers indebted for real estate. The owners of their notes pay taxes on them.
Mr. WILDMAN admitted that there might be injustice in the law, but he considered that this bill would make it worse, and he gave instances where millions of property, would escape taxation under its provisions.
Mr. FURNAS thought it a good bill. It was not the object to exempt the property from taxation. He gave instances of relief which the bill would afford.
Mr. CARNAHAN had knowledge of cases where the same personal property was taxed four times. Poor men should not be taxed on property for which they are indebted.
Mr. PIERCE of Vigo, and Mr. KERCHEVAL pointed out objections to the bill.
Mr. OSBORN showed a constitutional objection--an uniform rate of taxation.
Mr. JOHNSON of Parke, moved to recommit to Committee of Ways and Means.
Mr. WILLIAMS said the case was too plain to go to a committee. The law now admits the injustice of taxation,beyond which the taxpayer is worth.
Mr. PIERCE of Vigo, admitted that there were hardships suffered under the law, but this bill would open a wide door for fraud.
Mr. WILSON said the principle of the bill is right, and he submitted an illustration. No law could be passed not liable to objection. He replied to some of the objections submitted here.
Mr. JOHNSON of Parke, showed that the bill would throw a heavier burden on real estate.
Mr. STEPHENSON suggested the constitutional objection, requiring uniform rates of assessment. A man pays taxes, not more for the possession of property, but for the protection he receives on it.
Mr. MONROE said his conviction was that, under this bill, the real estate tax would have to be advanced fifty per cent. It would be of advantage, chiefly to speculators.
Mr. RATLIFF demanded the previous question, and under its pressure, the bill was recommitted to the Committee on Ways and Means.
The SPEAKER announced the special committee to continue the investigations of the Terre Haute and Richmond Railroad, viz: Messrs. Osborn, Buskirk and Coffroth.
The SPEAKER also laid before the House a communication from the Superintendent of Public Instruction, in relation to the schools of other States.
Mr. WILLIAMS of Knox, and Mr. RUDDELL obtained leave to present petitions as to a female prison.
And then--
The House took a recess till two o'clock p. m.
AFTERNOON SESSION.
The House met at two o'clock p. m., pursuant to adjournment.
Mr. RATLIFF corrected the Journal newspaper statement of his position as to the exemption and taxation of the property of negroes for schools.
Mr. JOHNSON of St. Joseph, obtained leave of absence till Tuesday.
Mr. STEPHENSON moved, ineffectually, that his county officers salary bill (H. R. 78) be taken up and made the special order for Tuesday at two o'clock.
The SPEAKER determining on the division, that no quorum is present, ordered a call of the House, which proceeded, and the Clerk reported sixty-seven members answering to their names.
Mr. COFFROTH, stating that exorbitance of the compensation of certain county officers--about 1,600,000 dollars annually to Clerks, Treasurers, Auditors and Sheriffs--he demanded in behalf of the people of the State, that Mr. Stevenson's bill, (H. R. 78) to reduce this compensation be advanced on the calender, and he moved that it be taken up and made the special order for Tuesday at two o'clock p. m.
Mr. RUDDELL moved to lay the motion page: 353[View Page 353] on the table, which was decided in the affirmative--yeas 36, nays 35--as follows:
YEAS--Messrs. Admire, Baker, Chittenden, Davis, Dunn, Fairchild, Field of Lagrange, Fuller, Furnas, Gilham, Green, Hall, Hamilton, Hutson, Johnson of St. Joseph, Jump, Kercheval, Lawler, Lamborn, Mason, Mock, Monroe, Overmyer, Ruddell, Sabin, Shoemaker, Skidmore, Smith, Stewart of Rush, Tabor, Underwood, Vardeman, Williams of St. Joseph,= Williams of Union, Wilson and Mr. Speaker--36.
NAYS--Messrs. Addison, Beeler, Bobo, Bowen, Britton, Carnahan, Cave, Coffroth, Cory, Cunningham, Davis, Gordon, Higgins, Hutchings, Hyatt, Logan, McBride, McDonald, McFadin, MeGregor, Miles, Montgomery, Neff, Odell, Osborn, Palmer, Ratliff, Shoaff, Sleeth, Stephenson, Tebbs, Welborn, Wildman, Williams of Knox and Zenor--35.
So the motion to lay on the table prevailed.
Mr. COFFROTH then said that the bill referred to, was one looking to the reduction of the enormous profits now accruing to county officers, thus saving the State almost two hundred thousand dollars yearly, and he felt satisfied that people demand the reduction. He wanted the bill brought squarely before the Legislature, and if the opposition--the majority--would stave the matter off, the people would hold them responsible therefor.
ORDERS OF THE DAY.
Mr. Breckinridge's supplemental life insurance companies bill, (H. R. 60) coming up on reading, the committee's amendment, by way of substitute, was read--requiring a paid up capital of one hundred thousand dollars, etc.
Mr. UNDERWOOD said this bill, as proposed to be amended, embodied the best provisions of the New York and Massachusetts life insurance laws. On his motion the amendment was adopted, and so the bill was ordered to the engrossment.
COUNTY OFFICERS' SALARIES.
Mr. Stephenson's county officers' salary bill (H. R. 78) coming up on the second reading--with an amendment by the Judiciary Committee--a penalty of fine not exceeding one thousand dollars.
The amendment was adopted.
Mr. COFFROTH proposed to amend, by striking out and inserting new matter--one thousand two hundred dollars salary for all Clerks, Auditors, Treasurers and Sheriffs, with allowances for clerk hire in proportion to county population.
Mr. WELBORN moved that the further consideration of the subject be postponed till Tuesday.
Mr. COFFROTH said his amendment was to the bill pending in the Senate. Mr. Stephenson's bill graduated the salary according to which was liable to a constitutional objections in the courts, which objection did not lie against graduating clerk-hire or the basis of population, as provided in the Senate bill.
On motion by Mr. STEWART of Rush, the subject was made the special order for Tuesday at eleven o'clock.
Mr. Cox's township trustees examination of justices' dockets bill, [H. R. 146] coming up, it was read and ordered to the engrosement.
The joint resolution [H. R. 7] for instruction for Congressional legislation, to grant land warrants to all the soldiers of the Federal army for the suppression of the rebellion, and to the heirs of those who are no more, coming up
The committee amendment was agreed to; and so it was ordered to the engrossment.
The committee's township trustees' election amendment bill, [H. R. 179] coming up--
Mr. PIERCE of Vigo, said it respected the change of the time of election of those officers.
It was ordered to the engrossment.
The committee's constable election amendment bill, [H. R. 178] was ordered to the engrossment.
LIFE INSURANCE.
Mr. Underwood's married woman's insurance policy bill, [H. R. 96] coming up, with the committee amendment to allow the wife to insure the husband.
Mr. UNDERWOOD said the amendment protects all policies from the benefit of third parties. It exempts them from the attachment of creditors.
Mr. COFFROTH submitted an objection to the bill. He stated a case of wife poisoning to get the proceeds of a policy, etc. Where the policy is taken for an individual, it should be taken for the benefit of his family. But he could not well understand it. He moved its indefinite postponement.
Mr. CHITTENDEN said this was no new law; it was in force in many States. But in our State it is not certain that the polices are exempt to the extent of a three hundred dollar investment per annum.
Mr. MITCHELL would much prefer that the bill should provide that the individual should not take out a paid up policy--that in no event shall more than three hundred dollars be paid out for a policy at one time.
Mr. NEFF said we have no law regulating life insurance, and a policy in a foreign company must be countersigned by the local agent. Now, if I have a policy and die, my creditors can attach it. He understood the object of the bill to be to prevent such to a limited extent. If he did not fully comprehend the bill, still, thinking well of the principle involved, he did not want to see it indefinitely postponed.
Mr. STEWART of Rush, and Mr. JOHNSON of St. Joseph, said the husband's policy now was not subject to creditors.
Mr. UNDERWOOD. It was to settle that.
Mr. COFFROTH modified his motion so page: 354[View Page 354] as to recommit the bill to the Committee on Insurance, with instruction to perfect its phraseology.
This motion was agreed to.
On motion of Mr. McFADIN, Mr. Bowen's bill, [H. R. 100] extending Justices a certain jurisdiction to three and five hundred dollars was taken up; the question being on Mr. Williams', of Knox's amendment, to give the Justice "exclusive" jurisdiction of three hundred dollars--
Mr. McFADDIN moved that the amendment be indefinitely postponed.
Mr. WILLIAMS of Knox, obtained leave to withdraw the amendment.
STATE GEOLOGIST.
Mr. Beeler's bill (H. R. 165) to provide for a geological survey of the State, and for the appointment of a Slate Geologist, with a salary of one thousand eight hundred dollars, etc., coming up, (it proposes an annual appropriation of five thousand dollars) with a Committee amendment, which was adopted.
Mr. RATLIFF and Mr. NEFF reluctantly opposed the bill. The latter looked at the four hundred thousand dollars in Morgan raid claims, the one hundred thousand dollars for the Normal School, the thirty thousand dollars for Pension agent in Washington city, the thousands of money for the Governor's house, and other matters, which were to be provided, beyond the ordinary expenses of the State, and hesitated.
Mr. McFADIN also gave his voice against the bill, as creating a new office, and involving an expenditure of thousands that were better saved. He spoke in a vein provoking laughter.
Mr. WILLIAMS of Knox, said these professions of economy were like watching the spigot and leaving open the bunghole. How soon would the undiscovered, undeveloped mineral wealth of the State repay this paltry appropriation for a corps of scientific men to make these much needed investigations?
Mr. WELBORN supported the bill. Not merely five thousand dollars, but one hundred thousand dollars perhaps could not be more wisely or economically invested in any direction. Dr. Owen and Prof. Cox tell us that we know comparatively little of the mineral wealth of the State. He hoped members would be slow in making up their minds to vote against this bill.
Mr. PIERCE of Vigo, followed on the same side. He could imagine nothing that would advance us in material wealth so much as a thorough scientific exploration of the hidden mines of iron and coal in the State.
Mr. JOHNSON of Parke, objected, that the bill makes an annual appropriation of five thousand dollars. He might vote that sum for a single geological survey.
Mr. FURNAS said it was partly through the Owen geological survey that the mineral wealth of the gentleman's county was developed. He referred to the failure of this State to send a delegate to the Paris Exposition of 1867, and to that which was done by the delegate from the State of Illinois with an appropriation of seven thousand dollars--the result having been an hundred fold of advantage to the State. It was a wise policy to invite capitalists to our State.
Mr. RUDDELL considered that this would be the most profitable investment that might be made this session. He would be ashamed to see his constituents again if he voted against this bill.
Mr. LAMBORN thought the bill ought to pass. The United States was too notorious all over the world for a want of public interest in scientific matters. He would like to see the State of Indiana relieved from this notoriety. He supported the bill as a measure of true economy.
Mr. RATLIFF in his remarks indicated that probably Dr. Cox would be the geologist; and the appropriation having been asked for by the State Board of Agriculture; he was therefore ready to vote for the bill.
Mr. BEELER regarded the proposed survey as a means of inviting and securing immigration; a policy not overlooked by many of the surrounding States. He indicated the previous questions, but withdrew it for--
Mr. McFADIN, who, after hearing this debate, confessed that he did not know but his mind would yet so far relent as to allow him to vote for the bill.
The bill was then ordered to the engrossment.
PROPOSITIONS FROM THE SENATE
On motion of Mr. CORY, the order of business was suspended, and the House took up the consideration of messages from the Senate.
The Senate concurrent resolution for an address from the Reverend Superintendent R. C. Hobbs in this hall next Monday evening was adopted.
The patent right bill (S. 17) was taken up and passed the first reading.
And then--
The House adjourned, till Monday two o'clock p. m.
