THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, February 24, 1869.The House met at nine o'clock a. m.
The SPEAKER announced the special committee on Mr. Stephenson's county officers' salary bill [H. R. 78] viz: Messrs. Williams of Knox, Long, Monroe, Cory, Osborn, Dunn, Gordon, Stephenson, Bobo, Coffroth and Davidson.
On motion of Mr. HIGGINS, Messrs. Welborn, Wildman and Shoemaker, were added to the committee.
On motion of Mr. RATLIFF--Mr.Gordon in the Chair--Mr. Speaker Stanton obtained leave of absence for the morning session on account of sickness in his family.
The journal of yesterday was read--till the further reading was dispensed with, on motion of Mr. McFADIN.
RAILROAD DISCRIMINATIONS.
Mr. STEWART of Rush, (by consent) called up his bill [H. R. 105] to make uniform the railroad rates, etc., and the committees amendments thereto, and they were considered; and the bill was read the second time, the question being on concurrence in the report of the Railroad Committee.
Mr. GREEN regarded the bill as legalizing the existing unjust discriminations against way freight charges.
Mr. WILLIAMS of Knox, said this bill authorized an advance of rates for way freight to one hundred per cent. above the through freight.
The committee's amendments were concurred in.
Mr. BEELER moved that it lie on the table and be printed.
Mr. ODELL proposed to amend, by a clause requiring trains to stop for passengers at all regular stations.
Mr. WILLIAMS of Knox, moved to make the subject the special order for to-morrow two o'clock--including all railroad bills.
Mr. OSBORN moved to amend the motion by providing that all bills and amendments on the subject of Railroads be made a special order for to-morrow.
Mr. PIERCE of Vigo, was in favor of considering this subject at an early day.
Mr. STEWART of Rush, proposed an amendment to the first section, and to strike out the fourth and fifth.
Mr. WILLIAMS of Knox, modified his motion so as to make the whole subject the special order for to-morrow ten o'clock, and so it was adopted.
Mr. COFFROTH (by consent) submitted a resolution, which was adopted, that there be employed an additional enrolling clerk and messenger, from this time to the close of the session.
Mr. FIELD of Lake, asked but did not obtain consent to introduce a bill.
PETITIONS ETC.
Were presented and referred to appropriate committees as follows:
Mr. WILLIAMS of Knox, and Mr. ZOLLARS presented petitions for a Homoepathic Department in the proposed Medical College.
Mr. MONROE, From the Soldiers' Home.
Messrs. Beeler, Barnett, Stephenson and Shoaff severally presented petitions on the matter of temperance.
Mr. MILES, From three hundred citizens of Sullivan county, on the matter of a certain gravel road--to prevent those from being assessed who do not subscribe, etc.
page: 498[View Page 498]Mr. WILE and Mr. TEBBS, On fees of county officers.
NOTICE TO NON-RESIDENTS.
Mr. OSBORN called up a former report from the Judiciary Committee for indefinite postponement of his service of written notice of process bill, [H. R. 129.] He stated the object of the bill, viz: To avoid exorbitant country newspaper charges for notices to nonresidents, etc., by giving a discretion to the party bringing the suit to post up written notices in the country. He moved that the House do not concur in the report.
Mr. WELBORN, who presented the report on the bill, said the bill was deficient as to the time when the notices shall be put up, and the reading, he thought, sustained this objection. Another objection was, it gave facility for hiding from the adverse party the knowledge of the pendency of the suit.
Mr. McDONALD moved that Mr. Osborn's motion be laid on the table--no quorum voting.
Mr. Osborn's motion to non-concur was then put, with the same result.
Mr. OSBORN again set forth the propriety of his bill.
Mr. WILLIAMS of Knox, moved to amend Mr. Osborn's motion, so as to make it--that the House do concur in the report of the committee.
Mr. BUSKIRK demanded the yeas and nays.
Mr. McFADIN saw in the bill two wide a deviation from the old rule--such notices are torn down every day.
Mr. BUSKIRK said it only referred to non-residents. There was not much to choose between written notices and advertisements in a one-horse country newspaper.
Mr. Williams' motion was then agreed to.
AGRICULTURAL COLLEGE.
The special order for this hour, viz: Mr. Cory's Agricultural College bill, [H. R. 172] and pending amendments, were now taken up.
Mr. BUSKIRK moved to dispense with the consideration of the special order, because the location of the college should be considered before the details of its organization, and that matter was now pending in the Senate. Then as to the organization, that whole matter might be arranged even by the Board of Trustees. He moved further, that the bill be made the special order for Friday ten o'clock.
Mr. CORY said the House should act for itself, without referring to the Senate. The House could never pass the Hughes College Omnibus bill, if it should pass the Senate which he considered doubtful. The organization was the first matter.
Mr. OSBORN preferred postponement.
Mr. STEWART of Rush, opposed the postponement. He believed the House might go and arrange all the details connected with the establishing of an Agricultural College without reference to the action of the Senate. The Senate had, he said, after thirty days of debate on the Omnibus bill, got no further than the adoption of the first section. He thought the House could do better than that, and hoped it would at once enter upon the effort.
Mr. BOBO also objected to waiting upon the tardy action of the Senate. It was more inconsistent with the dignity of the two Houses to insist on seperate action.
Mr. RATLIFF opposed the postponement, saying that the two bills--this and the Omnibus bill under consideration in the Senate--are very dissimilar, as one groups about the one object of establishing an Agricultural College a number of other interests that are conflicting, and this simply contemplates the arranging of all the necessary details for putting the college in operation.
Mr. ZOLLARS preferred to first consider the question of location. He rather favored the Governor's suggestion to make this school of agriculture and arts, a feature of the State University. He intended, at the proper time to submit a formal proposition to this effect. He desired the thing to be a success and the money properly applied.
Mr. McFADIN hoped the measure would be considered at once.
Mr. VATER also opposed the postponing of the bill. If we pass the bill we have, it could not be effected by the matter of location.
Mr. CORY said, that there is in the bill a clause for the location of the College, with the location blank.
Mr. VATER then stated the reason why he was opposed to the motion to postpone.
The House refused to postpone the special order.
Mr. COFFROTH made an ineffectual motion to consider the bill in Committee of the Whole.
The bill and amendments were then read by the clerk. The question being on the amendments reported by the Committee--
Mr. BUSKIRK submitted a resolution for a recommittal of the bill and amendment, with instructions to locate the Agricultural College with the Indiana University at Bloomington. This he regarded as the first thing to be done--the question of location; and it was, perhaps, as well to dispose of it at once. And to be concise in the matter, he submitted his views in writing in favor of the location at Bloomington.
He submitted the objection to annexing the Agricultural College to the four sectarian in page: 499[View Page 499] stitutions which have been named--as the inconsistency of such a thing with the terms of the grant, the want of adequate control by the State, etc. He considered he impossibility of such an institution standing alone--its paramount interests demanding the fostering care of the State--which could not be extended effectually, but in connection with some literary and scientific institution of the highest grade. Before he had concluded the reading he gave way on account of ill health. [For his speech in full see House proceedings of Saturday next.]
Mr. CORY moved to lay Mr Buskirk's resolution on the table.
Mr. OSBORN proposed to amend the resolution, by instructing the committee to consider the propositions for location, etc., which he subsequently withdrew.
Mr. Cory's motion to lay Mr. Buskirk's resolution on the table was rejected--yeas 44, nays 41.
Mr. ZOLLARS moved to postpone and make the subject the special order for Saturday.
Mr. COFFROTH read from the rules, section twenty-two, that the privileged motion to postpone to a day certain can not be entertained a second time on the same day at the same stage of the bill.
The SPEAKER held accordingly.
Mr. ZOLLARS then moved ineffectually to lay the whole subject on the table.
Mr. OSBORN offered a resolution to recommit, with instructions to locate at the point offering the best inducements as to donations, locality and facilities for the institution.
Mr. NEFF moved ineffectually that it be laid on the table.
Mr. JOHNSON of Marshall, moved to refer the matter to a Committee of one from each Congressional District, which he subsequently withdrew.
Mr. McFADIN moved to amend, by instructing in favor of Tippecanoe Battle Ground.
On motion the amendment was laid on the table.
Mr. RUDDELL preferred to consider and mature this bill now. He moved to lay Mr. Johnson's motion on the table.
Mr. OSBORN (by consent) said he offered his resolution not in the interest of any locality. He considered the necessity of the location first in importance now.
Mr. CORY said it would be impossible to locate what we have not got.
Mr. OSBORN. So it would be impossible to build without a location.
Mr. BRECKINRIDGE urged that there are provisions in this bill which claimed the first consideration, such as the selection of a College farm, the organization of the College, etc.
Mr. PIERCE of Vigo, proposed to amend Mr. Osborn's resolution so as to give authority to the Trustees to make the location where they offer the largest donation in land and money; provided that the inducements by donation shall not be less than one hundred thousand dollars.
Mr. VATER proposed to amend the amendment, by requiring the committee to consider the question of local advantages as well as the amount of the donation.
Mr. PIERCE of Vigo, accepted the modification.
Mr. ZOLLARS. Since the House has refused to consider Mr. Buskirk's proposition to instruct the committee to locate this College at Bloomington, he was opposed to any instructions at this time. He read from the Governor's biennial message, and urged the wisdom of his recommendations in regard to the Agricultural College--its establishment in connection with the State University. He enforced this view from the consideration of its economy, and the doubt resting upon the success of an independent agricultural school.
Mr. BRECKINRIDGE submitted that the Illinois Agricultural College was regarded as a success, and it is not connected with any other institution of learning.
Mr. ZOLLARS continued, insisting that literature and the collateral scientific branches were taught in that Agricultural College. In reply to Mr. McFadin, he stated that he was in favor of the location of the Agricultural College with the State University--at Bloomington, or wherever that institution may be. He gave way for the recess.
And then--
The House took a recess till two o'clock p. m.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at two o'clock p. m.
Mr. ZOLLARS being entitled to the floor resumed his argument for placing the College in the Indiana University. He proceeded to consider at length the necessity of combining the Agricultural College with an institution of the highest grade under the patronage of the State. The act of Congress contemplates this thing, as well as the bill before the House. He went into details to show the economy and all the essential advantages in support of his position. To establish a distinct Board of Directors or Trustees for the College of Agriculture, would be to establish and authorize a rivalry between the State Institutions of learning. He yielded to no man in his desire to build up and foster our State system of schools page: 500[View Page 500] and the Indiana Univirsity as to make them in the highest degree useful and honorable to the State of Indiana. He did not, he said, favor the Agricultural College at Bloomington through any interest in the town, for he has none. It is simply because the State University is located there, and he wanted these two institutions under one Board of Trustees. He was satisfied that the object of pressing at this time, the consideration of this bill making preliminary arrangements for the government of the College, is to defeat the project of joining the Agricultural College to the State University. With all the details of the institution on paper, the rules of government, the Board of Trustees, the faculty and the apportionment of funds to the different departments, with the running gear of a college complete--a college of the imagination as it were, a thing of air without a habitation, it might be then found impossible to fit this idea to an institution already in successful operation, and it might then be found absolutely necessary to have a separate and distinct institution. Against such a state of affairs he proposed to argue.
He reviewed the management of this Congressional grant in the several States of the Union-- commending particularly the States of Kentucky, Massachusetts, New York, New Jersey, Wisconsin and other States, which have placed this fund in connection with great State Universities. States that have given this grant to support existing agricultural schools, or to establish new ones, would make a mournful failure--a failure already indicated in the history of those institutions.
Mr. McFADIN said this debate was but going over the same grounds which were taken here two years ago, and which resulted in nothing. He now feared a similar result. But since the matter was again before this body, in all its bearings, he would not decline to give his views. He considered that quite enough had been done for the Bloomington Institution. He considered the vastness of the interests of agriculture. He was reared in connection with these interests, and still retained his intuitional likings and partialities for them.
As to the location of this institution he preferred the Tippecanoe Battle Ground. What more appropriate monument to the glorious memories of that well fought field by General Harrison? The donations in that direction were as desirable as any, and the advantages of health and access were unexceptionable. Next to this he might prefer the Indianapolis location. But he insisted that the House should make the location without the intervention of a committee. In reviewing and looking at the amount and value of the Tippecanoe land donation, he sustained his preferences in that direction. Although personally, he would prefer its location at Logansport, he magnanimously yielded that to the paramount public considerations.
Mr. PIERCE of Vigo, now obtained leave to withdraw his motion to refer with instructions.
The question recurred on Mr. Osborn's motion to recommit the bill, with instructions to locate where the best advantages are afforded.
Mr. VATER demanded the previous question, and there was a second.
The vote resulted--yeas 22, nays 69.
So the motion to recommit was rejected and the question recurred on the original bill.
Mr. WILLIAMS of Knox, proposed to amend the bill, so that the location shall be made by the State Board of Agriculture.
Mr. VATER made the point that there are pending amendments to the bill reported by the committee.
Mr. COFFROTH suggested that the House resolve itself into Committee of the Whole and consider the bill by sections.
Whereupon--
The House resolved itself into Committee of the Whole--Mr. Stewart of Rush, in the chair--and took up the bill.
The CHAIRMAN directed that the bill be read.
On motion of Mr. COFFROTH, the order was made to read and consider the bill by sections.
The first section was adopted without amendment.
The Committee's amendment to the second section--the Board of Trustees to be appointed by the Governor--one from each Congressional District--divided equally between political parties, having been read--
Mr. COFFROTH moved to amend the amendment by striking out what relates to political parties.
Mr. CORY said the object of the Committee was identical with that of Mr. Coffroth, to provide against mingling the interest of the institution with political questions and contests.
Mr. MONROE thought this matter should be left wholly with the Governor.
Mr. McFADIN said there are five Trustees already appointed, one of whom is the Governor, having charge of this fund, and this bill should not ignore that Board.
Mr. BUSKIRK considered it highly improper to appoint another Board while that act remains unrepealed.
The CHAIRMAN said that Board was appointed by act of the regular session of 1855, simply to dispose of the scrip and take care of the funds.
Mr. Coffroth's amendment was agreed to, and the question recurred on the amendment as amended.
page: 501[View Page 501]Mr. COFFROTH made the point, that the Board appointed under the act of 1865, was a body corporate; and have we power to set them aside to amend that act of incorporation? And he could see no provision for amendment of the franchises of that corporation.
Mr. Speaker STANTON, and Mr. CORY, suggested that there is in the act the clauses "until the Legislature shall otherwise direct" and "for the time being."
Mr. COFFROTH replied that these words have reference to the change and succession of Governor's, etc.
The Committee's amendment, as amended was then agreed to, and so the section as amended was agreed to, and then--
On motion of Mr. COFFROTH, it was agreed that this second section be reported to the House, without recommendation. The third section declaring the duty of the trustees under the act of 1865, was passed by the Committee without recommendation.
The fourth section, was also passed by the Committee without recommendation.
The fifth section, for the establishment of five chairs of instruction was also passed without recommendation.
On motion of Mr. VATER, the Committee the rose, and the Chairman reported the bill back to the House, with the amendments, and without recommendation.
On motion of Mr. OSBORN, the report of the Committee of the Whole was laid on the table.
Mr. BUSKIRK moved that the further consideration of the bill be postponed, and that it be made the special order for Saturday at ten o'clock.
Mr. DITTEMORE moved, ineffectually, to lay the motion on the table.
The bill was then made the special order for Saturday ten o'clock a. m.
ORDER FOR NIGHT SESSIONS.
Mr. NEFF submitted a resolution for three night sessions per week for the remainder of the session.
Mr. WILLIAMS of Knox, moved to dispense with the order of business, for the consideration of Mr. Neff's resolution.
Mr. GORDON, (by consent) was in favor of the proposition--as indispensable to the business of the session.
Mr. DITTEMORE moved to lay Mr. William's motion on the table--which was decided in the negative--yeas 26, nays 64; and the question recurred on Mr. Williams' motion to suspend the order of business, which was decided in the affirmative--yeas 52, nays 39.
Mr. VATER proposed to amend the resolution by making the night sessions every evening.
Mr. ODELL proposed to amend the amendment, by fixing the night sessions for Monday, Wednesday and Friday evenings--commencing next week.
Mr. DITTEMORE moved ineffectually to lay the whole subject on the table--yeas 34, nays 56.
Mr. DITTEMORE now moved ineffectually, that the House adjourn, and the question recurred on the amendment to the resolution as amended.
Mr. COFFROTH thought there was the utmost propriety in holding night sessions, and especially Saturday night of next week--the last night that we can pass bills; but that night was left out in the amendment adopted. He submitted that this matter of ordinary night sessions could be better determined from day to day, and with less expense of time.
On motion of Mr. BARNETT the whole matter was indefinitely postponed.
Mr. MITCHELL and Mr. LONG made other ineffectual motions to suspend the orders of the day.
On motion of Mr. RUDDELL, the gravel road bill (Mr. Millekan's) No. 52, was made the special order for to-morrow ten o'clock.
COUNTY BUILDINGS.
The bill [S. 123] to amend the seventeenth section of the act for the organization of county Boards--(to authorize loans for buildings)--was taken up in order, read the third time and failed the second time on the final passage in the House--yeas 44, nays 39--for want of a constitutional majority.
COURT BILLS.
On the motion of Mr. MITCHELL and Mr. BARRITT, the order of business was suspended, to admit of the introduction of a bill, whereupon--
Mr. LONG introduced a bill [H. R. 271] to provide for holding the Court of Common Pleas in Brown county, in case of conflict with the Circuit Court of that county, etc.--(on the Monday following)--and he moved that the constitutional restriction be suspended for its consideration on the second and third readings to-day, and for the passage of four other court bills named--90, 200, 205 and 225.
The restriction was suspended--yeas 73, nays 10and the bill [H. R. 271] was read the second time by title. It was then read the third time and finally passed the House of Representatives--yeas 78, nays 1.
Mr. JOHNSON of Parke, (under the same suspension) called up his bill [H. R. 200] fixing the court terms in the Eighth Judicial Circuit, and it was read the second time.
Mr. GORDON moved to amend, so that the term in Boone county may be extended three weeks.
page: 502[View Page 502]Mr. JOHNSON of Parke, accepted the amendment.
On motion of Mr. FIELD of Lake, the bill was referred to a special committee of five, composed of the Representatives from said Circuit.
Mr. WELBORN, (under the same suspension) called up his Vanderburgh Criminal Circuit Court bill [H. R. 90] with the Judiciary Committee's amendment thereto.
On motion of Mr. WELBORN, the amendment was adopted.
On his further motion, the bill as amended, was considered as engrossed.
Mr. WELBORN moved to amend the bill by filling the blank with the words "twenty-fifth," so as to read, "the twenty-filth judicial circuit."
The motion was agreed to by unanimous consent; and--
So the bill as amended was finally passed the House of Representatives--yeas 69, nays 5.
Mr. JOHNSON of Marshall, (under the same suspension) called up Mr. McDonald's bill [H. R. 225] fixing the times of holding the Court of Common Pleas in the counties of Laporte and Marshall, and it was read the second time, considered as engrossed, and finally passed the House of Representatives--yeas 77, nays 0.
He also, (under the same suspension) called up Mr. McDonald's bill, [H. R. 205] to fix the time and length of term of the Circuit Court in Marshall county, and it was lead the second time.
On motion of Mr. McDONALD, the bill was considered as= engrossed, read the third time, and finally passed the House--yeas 82, nays 0.
On motion of Mr. WILDMAN, Mr. Williams of Union's election bill, [H. R. 23] was taken up and made the special order for tomorrow at two o'clock p. m.
On motion of Mr. PIERCE of Vigo, (the constitutional restriction being suspended for the purpose--yeas 81, nays 1) the Vigo Criminal Court bill, [S. 55] creating the twenty-second circuit, and providing for the election of a judge and prosecuting attorney thereof, etc.--(it provides a Criminal Court for the county of Vigo, and admits of a criminal circuit in any county of six thousand voters instead of seven thousand voters)--was taken up and read the first time.
Mr. JOHNSON of Parke, objecting to the limitation to six thousand voters moved that it be referred to the Committee on the Organization of Courts of Justice.
Mr. PIERCE of Vigo, stated the propriety and necessity of the bill, asking Mr. Johnson to withdraw his motion.
Mr. McFADIN also urged the passage of the bill, and on his motion, Mr. Johnson's motion was laid on the table.
Mr. OSBORN conceded the demand for this Criminal Court, and hoped there would be no opposition.
The bill was then read the second time by title.
On motion of Mr. PIERCE of Vigo, the bill was amended so as to make it the "twenty-fourth" instead of the twenty-second circuit.
The bill was then considered as engrossed, read the third time as amended, and finally passed the House of Representatives--yeas, 65, nays 10--with a corresponding amendment of title.
Mr. WELBORN submitted a resolution, which was adopted, for an order that the Librarian cause a table to be placed in the room occupied by the Committee on Ways and Means, for the use of the enrolling clerks of this House.
And then--
The House adjourned till nine o'clock a. m. to-morrow.
