THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
MONDAY, February 15,1869.The House met at two o'clock p. m., pursu- to adjournment.
THE CALENDAR.
The bill (S. 56) to amend sections on hundred and thirty-three and one hundred and thirty-four of the act of June 17, 1852, for the settlement of decendents' estates coming up on the calendar--
The bill (S. 67) to amend section five of the township business act of February 18, 1859--
The bill (S. 138) to amend the second section of the Common Please court term bill--
The joint resolution (S. 7) to promote the repeal of the National Tenue-of-office law; were severally passed the first reading.
The Senate concurrent resolution requiring of the Auditor of State to report the amount of Federal taxation, was adopted.
The Senate concurrent resolution giving copies of the Adjutant General's Report to Union soldiers and sailors employees of the General Assembly, coming up--
Mr. McFADIN proposed to amend so as to include officers and employes of the General Assembly.
Mr. PIERCE of Porter, proposed further to amend so as to require an equal distribution among the counties of the State.
Mr. DITTEMORE moved ineffectually, to lay the resolution and amendments on the table.
Mr. PIERCE of Porter's amendment was rejected.
Mr. McFADIN's amendment was rejected.
Mr. GORDON said there was appropriation last session for the distribution of one copy of this report to the members and employes.
The resolution as amended, then adopted.
The join resolution (S. 10) for Congressional instruction to oppose a reduction of the national currency, etc., was read the first time.
The Senate concurrent resolution for relief of the widow of Mr. Skinner, late moral instructor of the Northern Prison, was adopted.
The joint resolution, (S. 9) for the creation of another District Court of the United States, to be held at Evansville, in the Southern part of the State of Indiana, was read the first time.
The Senate amendments to Mr. Welborn's decedents' estates bill, (H. R. 10) were concurred in.
The bill (S. 77) to amend the general town corporation law of 1852, (for dissolution)--
The Senate bill (S. 73) to amend section three hundred and fifty-two of the practice act--
The water course banks protection bill (S. 48)--
The joint resolution (S. 12) for Congressional instruction for the relief of Mary Burr--
The bill (S. 94) touching railroad consolidations, (surrender of special charter)--
The bill (S. 123) to amend the seventeenth section of the County Boards act, (Commissioners may borrow money)
The bill (S. 81) to legalize real estate appraisements for 1864--
The bill (S. 115) to amend the forty-ninth section of the road law of March 9, 1861--
The bill (S. 116) to prevent County Commissioners from doing business under ordinances of their own--
The Fourth Common Pleas District bill (S. 119)--
The bill (S. 27) authorizing the Bristol Hydraulic Company to build a bridge across the St. Joseph river--
The bill (S. 96) to prohibit Judges and Clerks from practicing law--
The bill (S. 142) to amend the County Surveyor's act.
The bill (S. 222) to legalize municipal as- page: 358[View Page 358] sessments of taxes for 1868, were severally read the first time.
The Senate concurrent resolution of thanks to the citizens of Terre Haute was adopted.
On motion of Mr. UNDEBWOOD, his Common Pleas Court bill, (H. R. 244) was taken up and read the second time.
Mr. UNDERWOOD explained that it was to authorize the Courts for Wayne County, to be held two weeks later in April, and one week later in January.
Mr. COFFROTH made, and upon objection withdrew, a motion to suspend the constitutional restriction.
Mr. Mitchell's bill, (H. R. 30) to amend the ninth section of the act to provide for the election of Clerks of the Circuit Courts, coming up on the third reading was finally passed the House of Representatives--yeas 68, nays 0.
CITY ASSESSMENTS FOR 1868.
Mr. Barnett's bill, (H. R. 29) to legalize certain city tax assessments for 1868, coming up, (assessments in question by reason of failure of Common Councils to provide assessment rules)--
Mr. BUSKIRK said the law was too plain in this matter to admit of mistakes of this kind. He would hold Common Councils to the strict letter of the law.
Mr. McBRIDE, as he understood it--to legalize assessment within city limits--was in favor of the bill.
Mr. WELBORN said it was to legalize assessments for 1868. It would meet the views of the people of Evansville.
The bill failed in the House of Representatives--yeas 44, nays 23--for want of a constitutional majority of 51.
JURORS' FEES AND MILEAGE.
Mr. Underwood's jurors' fees and mileage bill (H. R. 35) coming up on the third reading (two dollars and a half a day, and five cents mileage)
Mr. UNDERWOOD supported the proposition, as demanded by petitions presented here.
Mr. RATLIFF and Mr. PIERCE of Porter. These petitions came only from counties having Criminal Courts. It would increase the expenses of the State immensely.
Mr. GORDON was in favor of rejecting this bill, and passing the bill raising the pay to two dollars a day.
Mr. MONROE. When the pay of jurors shall be raised so that a farmer can afford to serve without paying his own expenses, we should have less annoyance from "professional jurors."
Mr. BBITTON was instructed by petitions for raising the pay of jurors.
Mr. STEW ART of Rush, also considered that this relief was demanded.
Mr. DAVIDSON and Mr. HIGGINS, considered that this "relief" for jurors would be too burdensome to the people. He would give better fees; but was unwilling to double the pay at this time.
Mr. BUSKIRK demanded the previous question, and under its pressure the House was brought to the final vote; and the bill was rejected, yeas 36, nays 36.
BOARD OF EDUCATION.
Mr. Ratliff's bill, (H. R. 84) to give the State Board of Education, (exclusive of the State officers thereon) five dollars a day; and, instead of mileage, the cost of traveling expenses, was taken up on the final reading, and passed the House of Representatives--yeas 54, nays 13.
PROSECUTING AND DISTRICT ATTORNEYS.
Mr. Gordon's bill, (H. R. 21) regulating the docket fees of prosecuting and district attorneys; their docket fees before justices of the peace; their salary, and increasing fees in cases of felony, misdemeanors and forfeited recognizance, coming up on the third reading--
Mr. OSBORN opposed so large an increase of the pay of prosecuting attorneys. It provides the prosecutor an annual salary of three hundred dollars, which would probably be construed so as to give him three hundred dollars out of each county in the district.
Mr. GORDON. The bill increases the fees, but it affords only the salary of the district attorneys, raising it from one hundred dollars to three hundred dollars, and the language of the bill was copied from the existing statute. He described the provisions of the bill for fees as amended by the committee.
Mr. ZOLLARS was opposed to that part of the bill for fees before justices of the peace. He was totally opposed to these district attorneys being called before justices of the peace, especially so long as the "provoke law" shall be in force. He moved that the bill be recommitted with instructions to strike out all relating to the district attorneys.
Mr. GORDON opposed the motion bya plea that since there was no difference between the labors and qualifications of the district and the prosecuting attorneys, there should not be any difference in their compensation.
On motion of Mr. ODELL, the motion was laid on the table.
Mr. COFFROTH thought the State ought to be willing to pay a compensation that would command at least the second order of talent in the profession, and he supported the bill upon a rehersal of its details. Liberality was not extravagance.
Mr. McFADIN. Who ever heard of a staid lawyer seeking the place of District Attorney? At a time when petitions were coming up for page: 359[View Page 359] retrenchment, there was no propriety, and he thought no demand, for increasing the fees of these young beginners in the practice of law. He opposed the bill. The existing law was sufficient.
Mr. VATER demanded the previous question, and under its force, the House was brought to the final vote on the bill, resulting yeas 20, nays 52.So the bill was rejected.
FUNERAL OF GEN. GEO. D. WAGNER
Mr. HALL submitted a concurrent resolution, which was adopted, reciting the death of Brigadier General George D. Wagner, at the Bates House last Saturday, and that his remains will be conveyed home for interment in Warren county, to-morrow; therefore,
RESOLVED, (The Senate concurring,) That the two Houses of the General Assembly will adjourn to-morrow at half-past ten o'clock, and, in a body accompany the remains to the Union Depot.
SPITLER AND STACKHOUSE
Mr. Barnett's bill, (H. R. 46) to legalize the sale of certain Seminary lands in Jasper county to Spitler and Stackhouse, coming up on the third reading, it was finally passed the House of Representatives--yeas 69, nays 1.
Mr. Ratliff's bill (H. R. 12) to amend section five of the act of 1852, to provide for equalizing the appraisement of real estate, (prescribing the place where the district roads shall meet,) was taken up on the third reading.
Mr. UNDERWOOD moved to recommit, with instructions to amend so as to make Connersville the place of the meeting of the Board in the Fourth Congressional district.
Mr. RATLIFF said the bill was only to make the Board meetings to conform to the new Congressional districts.
Mr. COFFROTH proposed Kendallville for the place in his district.
These amendments were agreed to by consent.
The House refused to recommit, on the motion of Mr. ZOLLARS, to fix the time of the meeting of the Boards.
The bill, as amended, was finally passed the House of Representatives--yeas 74, nays 1.
Mr. Osborn's bill (H. R. 38) declaring certain contracts made by or with common carriers void, coming up on the third reading, was finally passed the House of Representatives--yeas 68, nays 0.
Mr. McFADIN submitted the following:
RESOLVED, That inasmuch as this 15th day of February, 1869, is the 35th anniversary of the birth of our honorable Speaker, this House will now adjourn out of respect to the day. [Laughter.]
The SPEAKER did not entertain the resolution but--
On motion the House adjourned till to-morrow morning nine o'clock a. m.
