THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
FRIDAY, January 8, 1869.The House met at nine o,clock a. m.
The reading of the journal of yesterday was dispensed with.
Mr. COFFROTH, from the special Joint Committee appointed yesterday to wait upon the Governor, reported that his Excellency will deliver his annual message to the Houses, in the Hall of the House of Representatives, this afternoon at two o'clock; and further; that the Rev. Robert Sloss, of the third Presbyterian Church of this city has kindly consented to open the said joint session with prayer.
The report being formally laid on the table--
On motion of Mr. COFFROTH, it was
RESOLVED, That the Senate is hereby invited to meet the House in joint convention, in the Hall of the House, this afternoon at two o'clock, for the purpose of receiving the bienniel message of the Governor.
Mr. H. G. Davis, member elect from the county of Elkhart, now presented his credentials, and was sworn in by the Speaker.
NOTICE OF ELECTION CONTEST.
Mr. PIERCE of Porter, presented the protest of James A. Thornton, of Laporte county.
It was read as follows:
To the Speaker and members of the House of Representatives of the State of Indiana:
James A. Thornton, of the county of Laporte and State of Indiana, respectfully shows to your honorable body that he was the Republican candidate for Representative to the State Legislature in and for the county of Laporte, at the late State election, and that Simon Wile was the Democratic candidate for the same office, and received the certificate of election thereof, and has been sworn in and taken his seat, as one of your body.
Your petitioner objects to said Wile retaining his seat for the following reasons:
That the vote in Cass township, in said county, was counted and allowed by the Board of Canvassers thereof when said vote ought to have been rejected, because the Judges and Inspectors of election in said Cass township adjourned for dinner upon said day of election. Also, after the polls were closed, on said day, in said township, the judges and inspectors of said election, in violation of the law of this State, adjourned from the school house, where the said general election was held, to the village of Wanatah, to count and inspect the ballots or votes, a distance of two miles from said school house. That after their arrival at Wanatah, they commenced and continued counting the votes until they adjourned for supper, after which they completed the counting of said votes.
Your petitioner avers that, by reason of the foregoing action of the judges and inspectors of said election, in said township, the votes ought not to have been received or counted; that said election was wholly void.
And said Thornton further states that he would have been elected by a majority of eighty votes had the votes in Cass township been rejected, as they ought in law to have been.
That the whole number of votes cast in said township was 267, of which said Simon Wile received 203, and said Thornton 64.
That the whole number of votes allowed for said Wile was 2,937, and for said Thornton in the whole of said county.
In consideration of the foregoing, said Thorn-ton asks your honorable body to make due inquiry into matters and things stated in this page: 30[View Page 30] paper, and award him the seat now claimed and occupied by said Wile, if by law he is entitled to the same.
JAMES A. THORNTON.
January 7, 1869.
Mr. PIERCE of Porter, then moved that the protest be referred to the Committee on Elections, and that the contestant [Mr. Thornton] be allowed a seat on the floor.
Mr. COFFROTH showed the irregularity and impropriety of the latter pan of the motion of Mr. Pierce. He said it was irregular to allow the contestant a seat on the floor, especially as there is really no contest in this case, if he was correctly informed of the facts, this being the first intimation of a contest yet made, there must be notice given to the member declared elected within ten days after the returns are made.
Mr. PIERCE of Porter, simply desired to give the contestant the courtesy of the House--the privilege of the floor.
Mr. SLEETH thought the proper time for admitting Mr. Thornton to a seat on the floor, would be when the report of the Committee on Elections was made to the House, for its action, but certainly not now. This has been the case heretofore, and is proper courtesy to the contestant. He moved that that part of the motion of Mr. Pierce which refers to admitting the contestant to a seat on the floor be laid on the table.
The motion was agreed to, and then the protest was referred to the Committee on Elections.
NEW PROPOSITIONS.
Mr. COFFROTH having obtained leave introduced a bill [H. R. 1] for an act to fix the time for holding the courts in the 20th Judicial District, (Adams, Wells, Allen and Huntington counties compose the District,) which was read the first time and referred to a Select Committee composed of members from that district.
Mr. CORY obtaining leave introduced a bill [H. R. 2,] for an act fixing the time of holding Circuit Courts in the counties composing the Fourth Judicial Circuit, and declaring an emergency; (Franklin, Union, Fayette, Rush, Shelby, Decatur and Dearborn counties compose the Circuit;) which was read the first time, and referred to a Select Committee composed of members from the counties therein named.
Mr. BOBO obtaining leave introduced a bill [H. E. 3] for an act providing for the appointment of suitable persons to hold Common Pleas Courts during the absence of Common Pleas Judges, for any part of any term of their said courts, and prescribing certain duties of Clerks and Sheriffs in relation to said Common Pleas Courts. (Any attorney of respectable character can be appointed Judge pro tempore by the regular Judge, and is to be qualified the same as the Judge proper,) which was read the first time and referred to the Committee on Judiciary.
EMPLOYEES, NEWSPAPERS, STATIONERY AND STAMPS.
Mr. SKIDMORE, from the Special Committee on Employees of the House, reported in favor of allowing the appointment of the following number of employees:
By the Hon. A. P. Stanton, Speaker, four Floor Pages, one Speaker Page, and one Speaker Clerk.
By William M. Mervin, Chief Clerk, one Page, one Reading Clerk, one Registry Clerk, one File Clerk, four Engrossing Clerks, and two Enrolling Clerks.
By John O. Hardesty, Assistant Clerk, one Minute Clerk and six Journal Clerks.
By Thomas C. McConn, Doorkeeper, three Assistant Doorkeepers, one Keeper of Cloak Room, one Announcing Messenger, one Mail Carrier, two Firemen, two Water Carriers, one Sweeper, one Spittoon Cleaner, one Privy Cleaner, one Post Master, one Assistant Post Master, and four Paper Folders and Carriers.
Mr. WILLIAMS of Knox, moved that the report be laid on the table, and that one hundred and fifty copies thereof be printed for the use of the House. He wanted not only every member in the House, but also everybody in the State, to know the extravagance growing up in the House at their expense.
Mr. OVERMYER stated that the Committee had canvassed the subject thoroughly, and the number of employees was no less than at the session of 1867. After printing it is not probable that the number would be reduced, and then we would have the expense of printing for nothing.
On the motion of Mr. MASON Mr. Williams' motion was laid on the table--yeas 51, nays 49.
Mr. HAMILTON moved that the report of the committee be concurred in.
Mr. COFFROTH It is, of course, the purpose of all of us to allow a sufficient number of employees. His impression was that, in this report, a larger number is proposed than were employed two years ago. For the purpose of enabling the House to understand the matter by looking at it with more leisure, he moved that it be laid on the table and made the special order for Monday.
Mr. HAMILTON proposed Tuesday at ten o'clock.
Mr. COFFROTH accepted, and so the report was made the special order for Tuesday.
Mr. CHITTENDEN, from the Committee on employees and stationery, reported and recommended the adoption of the following resolution:
RESOLVED, That the Doorkeeper be requested to
page: 31[View Page 31]contract for and deliver to each member and each elective officer of the House three copies each of the following papers to-wit: Daily Journal, Daily Sentinel, Daily Evening Commercial, and Daily Evening Mirror--two copies wrapped and stamped, and one open; also two copies each of the Daily Telegraph, Weekly Volksblatt, and Die Zukunft, wrapped and stamped. That the Librarian be requested to furnish each member of the House with a copy of Wilson's Digest of Parliamentary Law, (provided the same can be purchased at wholesale prices,) That the chairman of each of the standing committees be permitted to draw from the State Librarian ten dollars worth of Stationery for the use of his committee. That each member of the House be authorized to draw from the State Librarian fifty dollars worth of Stationery and stamps. And that the Chief Clerk of the House be authorized to draw from the State Librarian such stationery in kind as may be necessary in the discharge of his duties, and in amount not exceeding one hundred dollars in value. That the Assistant Clerk of the House be authorized to draw from the State Librarian such stationery in kind as may be necessary in the discharge of his duties and in amount not exceeding one hundred and fifty dollars in value. And that the doorkeeper be allowed to draw from the State Librarian such stationery as may be necessary in the discharge of his duties, and in amount not exceeding ten dollars in value. Provided, That all such shall be purchased at the lowest wholesale prices.
Mr. HAMILTON. According to his figures, this report would give just twenty-one hundred papers each day for the House, and that multiplied by sixty would give an enormous aggregate. Then two-thirds of these papers were to be wrapped and stamped. He would be ashamed to go before his constituents and acknowledge that he had voted for such an expenditure here. He would go on the record as decidedly opposed to this thing; and advised the House to take time to consider the subject.
There was too many papers and too much stationery allowed. Not ten members would use more than three dollars worth of stamps and stationery. We have already ordered a copy of Gavin & Hord's statutes, which will cost not less than one thousand five hundred dollars. The allowances provided for by the Committee will cost enormously.
Mr. McFADIN advocated the report, especially that part referring to the papers, and the papers Were needed and expected by the constituencies of the members, especially those living in the county. The allowance for stationery was not too large. The stationery and stamps is not for our own private use, but for the benefit of the State and of the people. Members do not receive enough salary to pay their electioneering expenses. The house is not an expensive body as compared with other deliberative bodies. Thousands of dollars can be saved in other directions, and not cut off a few dollars in the way of papers and stamps. It was wasting time to discuss these needful expenditures of the House. This class of expenditures was light here compared with other bodies--as the Congress of the United States. He could get along without the statutes and the newspapers. He had promised to his constituents the information these papers would afford. They would carry into the country an influence that would save thousands to the treasury. The pay of members was too meagre to furnish their own stamps and stationery in the public service.
Mr. RATLIFF supposed every member was elected knowing that his salary was five dollars per day, and if stationery was to be voted to make up salary deficiency we could vote any amount we pleased. Last session forty dollars was voted, which was found to be more than enough. He proposed to amend the resolution by striking out "50" and inserting "30" in lieu.
Mr. OVERMYER preferred $40.
Mr. GORDON gave considerations which would influence him to vote for the amendment though he would prefer an amendment to make the amount of stationery twenty dollars worth. He would, however, support Mr. Ratliff's amendment. The stationery he received last session was nearly three times more than he needed, which was forty dollars' worth. He wanted the matter laid on the table until the members could satisfy themselves on this question.
Mr. COTTON concurred in the suggestion of Mr. Gordon. The members understood when they elected what their salary was, and the Constitution did not presume that members could make up their salaries by voting fees in the shape of stationery. The precedents of former houses were bad, and he did not propose to follow them.
Mr. OVERMYER submitted his amendment to Mr. Ratliff's amendment in writing.
Mr. CHITTENDEN replied to objections, and gave reasons sustaining the resolution. It was by no means intended to force upon any member the least expense of the public money which might not be found necessary in the discharge of his legislative business. If the resolution proposed too much, the committee would be very glad for the House to cut it down.
Mr. BUSKIRK opposed the whole thing. The object was to furnish what was necessary, but the discussion convinced him that the amount recommended was more than necessary. Under this the stationery and postage would amount to five thousand dollars. This subject should go again to the Committee. We should not attempt to increase our pay by any indirection. He was in favor of the members having just such stationery as they could use, if it cost one hundred dollars and no more. This was an attempt as the debate shows, to raise our salary, and he recognized a principle of law that we could not do indirectly what could not be done directly.
Mr. JOHNSTON, of Parke, concurred with page: 32[View Page 32] Mr. Buskirk. He moved to postpone the further consideration of the subject till Monday at two o'clock.
Mr. McFADIN deprecated the consumption of time by any long discussion of this matter.
Mr. BARRITT urged concurrence in the report and the adoption of the resolution. He wanted no postponement. It cost the State more to debate the question hour by hour than it would to vote the stationery. He was ready to vote now, to sustain what the Committee had decided upon.
Mr. LONG moved indefinite postponement.
Mr. PIERCE, of Porter, moved to adjourn, but withdrew in order that the Speaker might present a communication from the Secretary of State.
BEATTY AND PEALLE CONTEST.
The SPEAKER (by unanimous consent,) laid before the House a letter from the Secretary of State, communicating the depositions and papers in the matter of the contest between Samuel Beatty and James A. Pealle for a seat as Representative from the counties of Laporte and Starke.
On the motion of Mr. PIERCE, of Vigo, it was laid on the table.
The SPEAKER laid before the House a letter from the Secretary of State, communicating and returning again to the House the enrolled act of the last House of Representatives, No. 19, entitled: "An act to regulate and make uniform the prices charged by railroad companies for transporting goods, merchandize and material to and from stations in this State," passed at the last session and returned with the Governor's objections, which were filed in the Secretary's office, March 16, 1867.
On motion of Mr. COFFROTH it was laid on the table.
STATIONERY AND STAMPS.
The House returned to the consideration of the resolution reported from the Special Committee on Employees and Stationery, and pending propositions to amend.
Mr. PIERCE, of Porter, renewed his motion for an adjournment.
On motion by Mr. RATLIFF the motion to adjourn was laid on the table.
On motion of Mr. OVERMYER, the motions of Mr. Long and Johnston, of Parke, were laid on the table.
Mr. SHOAFF proposed to amend the resolution by restricting the newspapers to the Journal, Sentinel, Volksblatt and Telegraph. He was not in favor of taking every paper published in the city.
Mr. CORYT. his amendment was simply to decline the evening papers. The evening papers will contain just what legislative matter will be found in the morning papers. No more. He was in favor of taking only the morning papers. That was just the proposition of Mr. Shoaff.
Mr. VATER was in favor of taking both the morning and evening papers. The evening papers report the morning session, and have it on on the desk of members by half past two o'clock p. m.
Mr. COFFROTH proposed to amend the resolution, so as to authorize six copies of the Volksblatt instead of two copies. The resolution authorized two copies of the daily Telegraph and the weekly Volksblatt. The Telegraph was a Republican paper, and the Volksblatt a Democratic. The Volksblatt is a weekly, and under the resolution we will have twelve copies of the Telegraph (Republican,) and only two of the Volksblatt (Democratic.) He desired six copies of the Volksblatt, to make something more like equality between the two papers. This was an amendment to a distinct proposition in the resolution, and he demanded a division of the question, to have a separate vote thereon. With the amendment, he was in favor of the newspaper division of the resolution. As to the stationery portion of the resolution, he was opposed to it.
Mr. PIERCE, of Porter, made an ineffectual motion to lay Mr. Coffroth's amendment on the table--yeas 29, nays 69.
Mr. Coffroth's amendment was then adopted.
Mr. Shoaff's amendment was rejected.
On motion of Mr. CORY, the resolution was amended by striking out fifty dollars for stationery and stamps, and inserting forty dollars in lieu--as heretofore proposed by Mr. Overmyer.
Mr. STEWART, of Rush, demanded the previous question, and there was a second, and the main question was ordered.
Mr. COFFROTH demanded a division of the question.
The newspaper branch of the resolution as amended by Mr. Coffroth was adopted.
The clause refering to Wilson's Digest was agreed to.
The stationery, branch as amended (forty dollars worth to each member,) was rejected, by yeas 32, nays 67.
The amounts of stationery, etc., proposed for the Clerks and Doorkeeper were agreed to.
The resolution, as thus amended, was then adopted.
Mr. COFFROTH offered the following resolution:
RESOLVED, That each member shall be allowed such amount of Stationery as may be needed in the discharge of his duties as a Representative, which shall be drawn from the Librarian upon the written order of members; and it is hereby made the duty of the Librarian to keep an account with each member, and to report to the House the amount drawn by each member, at the end of the session.
page: 33[View Page 33]Mr. PIERCE, of Porter, desired to amend by adding a clause limiting to six dollars the cost of stationery and stamps for each member.
On the motion of Mr. CORY, both propositions were laid on the table, by yeas 77, nays 22.
Mr. PIERCE, of Vigo, offered the following:
RESOLVED, That each member of this House be allowed the sum of twenty-five dollars, for stationery and stamps, fer his use during the present session of the Legislature.
Mr. WELBORN offered the following as an amendment to the resolution:
RESOLVED, That the members of this House are hereby authorized to draw from the Librarian in stamps and stationery so much as may be necessary for the use of each member, in value not exceed-twenty-five dollars.
Mr. SHOAFF proposed an amendment, that the amount shall not exceed ten dollars.
The House here took a recess till two o'clock.
AFTERNOON SESSION.
The SPEAKER resumed at two o'clock p. m.
On motion by Mr. PIERCE, of Porter, it was ordered, by unanimous consent, that seats be provided for Senators on the right, for the joint session appointed for this hour.
IN JOINT CONVENTION--GOVERNOR'S MESSAGE.
At five minutes after two o'clock Senators entered the Hall of the House of Representatives and occupied seats assigned them.
Hon. J. R. CRAVENS, President pro tem. of the Senate, took the chair and called the joint convention to order.
Senator Wolcott and Representative Buskirk were appointed a committee to wait upon his Excellency, the Governor, and inform him that the General Assembly has convened, and is ready to receive his biennial message.
Mr. McFADIN, Representative from the county of Cass, offered the following resolution which was adopted:
RESOLVED, That the Joint Rules for conducting the business of the two houses of the General Assembly at the last session be adopted as the Joint Rules of this General Assembly.
The PRESIDENT of the Senate--Gentlemen of the Senate and of the House of Representatives: The delivery of the message to the General Assembly by his Excellency, the Governor, has usually occurred at the opening of the regular session of the General Assembly. It has also been usual to open these sessions of the General Assembly with prayer. In accordance with this us age, I will now introduce to you the Rev. Mr. Sloss, who will address the Throne of Grace in prayer.
Mr. Sloss prays.
The PRESIDENT of the Senate--Gentlemen of the Senate and of the House of Representatives: Having assembled in joint convention on this occasion for the purpose of hearing the biennial message of his Excellency to the General Assembly, this duty will now be discharged by his Excellency Governor Baker.
Governor Baker then stood at the Speaker's table and read his message, [which will be found printed in the suffix to this volume of the BREVIER REPORTS.]
The reading having been concluded--
The PRESIDENT of the Senate--Gentlemen: The business for which we assembled having been concluded, I declare this convention dissolved. Senators will retire to their own chamber.
This order having been executed--
The SPEAKER resumed the Chair.
Mr. BARRITT submitted an order that when the House adjourns, it shall be till next Monday at ten o'clock a. m. His object was to give the Speaker time to appoint the standing committees.
Mr. UNDERWOOD proposed to make the time of adjournment till Monday at two o'clock
Mr. BARRITT accepted.
And so the order was adopted.
Mr. SHOAFF submitted an order, which was adopted, that the Senate be invited to attend in this hall on Monday, the eleventh of January, at three o'clock p. m. for the purpose of opening and determining the vote for Governor and Lieutenant Governor, at the last October election.
STATIONERY AND STAMPS.
Mr. OVERMYER submitted a resolution, that each member be allowed to draw on the Librarian for forty dollars worth of stationery and stamps, and no more.
Mr. LONG made an ineffectual motion to adjourn.
Mr. VATER moved to amend the proposition of Mr. Overmyer's so that each member be authorized to draw a blank amount of stamps and stationery.
Mr. COFFROTH rose to a point of order, in which he showed that the proceedings on the resolution reported from the Committee on Stationery this forenoon, adopted this branch of the resolution, awarding stationery and stamps to members, as it was originally reported, by adopting the report as a whole, notwithstanding the House had refused to concur in an amended amendment reducing the amount to forty dollars. His point was that the House, having taken final action in the matter, no further order respecting it could be entertained.
The SPEAKER sustained the point of order.
The House then adjourned till Monday two o'clock p. m.
