THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPEESENTATIVES.
FRIDAY, February 26, 1869.The reading of the journal of yesterday was dispensed with.
Mr. SMITH presented two petitions on temperance, which were referred without reading.
REPORTS FROM COMMITTEES.
The consideration of the reports submitted yesterday from the Committee on Printing, returning Mr. Field of Lake's bill [H. R. 260] to provide for the publication of the proceeding of County Commissioners, the reports of Grand Juries, and the election returns, recommending its indefinite postponement, was now resumed.
Mr. ZOLLARS gave reasons for the report, for indefinite postponement.
Mr. UNDERWOOD supported the bill, by various considerations.
Mr. MONROE gave reasons against the bill.
The report was concurred in--yeas 59, nays 22.
THE WAR CLAIMS AGENCY.
Mr. BUSKIRK from the Committee on Ways and Means, reported on that part of the Governors Message, relative to the Indiana war claims, being prosecuted by Mr. Coburn, recommending the compensation of the agent about thirty thousand dollars for services.
Mr. OSBORN opposed the allowance, as an extravagance.
Mr. BUSKIRK stated the importance of the services rendered, and in that view, he considered that the claim of Mr. Coburn is not extravagant. He gained fifty to one hundred thousand dollars for the State, by discovering a single mistake against her in the War Department. The agent had recovered over a million and a half of dollars and there were perhaps two hundred thousand dollars of claims yet in abeyance, unallowed, which would probably be recovered by him for the State. Other States have given ten per cent. for such agencies, of the whole amount collected. This became necessary on account of the loose and incorrect manner of doing business in the War Department. The Governor was fully warranted in making the contract with Mr Coburn, under the act of 1865. The Governor contracted to pay Mr. Coburn, two per cent. on the collections.
Mr. BARRITT was opposed to the allowance. He was willing to pay Mr. Coburn the amount of the salary in the office which gave up to attend to this matter for the Senate.
Mr. BUSKIRK gave further explanationsthe contract with him was, that he should get nothing if he recovered nothing.
Mr. PIERCE of Porer, saw in the language of the Governor's message that Mr. Coburn's contract with the Governor was yet subject to the approval of the General Assembly. His knowledge of the manner of prosecuting claims at Washington enabled him to understand pretty well the order of these services of Mr. Coburn. He considered that one-half of one per cent. should suffice. There might be something here requiring further investigation; and he hoped gentlemen would consider well whether the twenty-five thousand dollars, which is this allowance, were not too much.
On motion of Mr. OSBORN, the report was laid on the table.
THE SOLDIERS' HOME.
Mr. DITTEMORE, from the military Committee, reported on the report of the trustees page: 529[View Page 529] of the Soldiers' and Seamens' Home, with a recommendation of appropriations for that institution.
It was referred to the Committee on Ways and Means.
THE BENEVOLENT INSTITUTIONS.
Mr. PIERCE of Porter, from the Committee on Benevolent institutions, submitted a report setting forth in the general and in the particular, the condition of the Benevolent Institutions of the State. It states among other things, as to the Hospital for the Insane, that when the new wing shall be completed, the capacity of that Institution shall suffice to accommodate five hundred and thirty patients. They recommend the annual appropriation for 1870 and 1871, equal in the aggregate to one hundred and eighty-six thousand; and for repairs, etc., seventy-one thousand dollars. With respect to the Deaf and Dumb Institution, they report for an aggregate appropriation of one hundred and thirty thousand five hundred dollars. For the Institution for the Blind, they report seventy-six thousand five hundred dollars.
He stated the reasons for the large appropriations, ninety-three thousand dollars a year for two years, for the Insane Asylum. He instituted a comparison of the expense of this Institution with that of similar institutions in other states, very much to the advantage of this State as to economy. The Committee had reduced the estimates twenty-five thousand dollars. The best institutions of this class in the Union were those on which the most money was expended.
Mr. STEWART of Rush, fully approved of the report.
It was referred to the Committee on Ways and Means, with instructions that the appropriations be incorporated in the general appropriation bill, and with further instructions to consider the propriety of insuring these buildings.
THE REVENUE BILL.
Mr. BUSKIRK, from the Committee on Ways and Means, reported a bill, [H. R. 273] to raise revenue for State purposes for the years 1869 and 1870, and for subsequent years--general levy of fifteen cents on the one hundred dollars.
On motion of Mr. BUSKIRK, the House resolved itself into Committee of the Whole--Mr. Williams of Knox, in the Chair--and took up the consideration of this revenue bill.
Mr. McFADIN was well pleased with the reduction proposed in the general levy from twenty cents to fifteen cents on the one hundred dollars for State purposes. The poll tax remained sixty cents as before.
Mr. WILDMAN. What further legislation would the Committee recommend in regard to the State Debt Sinking Fund?
Mr. BUSKIRK replied that at first it was ten cents. In 1865 there was added ten cents more. The Committee would report a bill repealing the former tax of ten cents so that there shall remain but a tax of ten cents on the one hundred dollars for the State Debt Sinking Fund.
On motion of Mr. HAMILTON, the Committee rose, and the Chairman reported the bill to the House without amendment recommending its passage; and the Committee of the Whole were discharged.
TOWN CORPORATIONS.
Mr. CHITTENDEN, from the Committee on Corporations, recommended that the bill [S. 77] to amend the fifty-third section of the general city corporation act, (relative to corporation dissolution) be laid on the table. He said the Committee regarded the bill as conferring a dangerous power to the majority if two thirds of the voters voting for dissolution. The report was concurred in.
Mr. OSBORN moved ineffectually that the two reports submitted yesterday from the Committee on Elections, with reference to the Evansville charter be taken up.
EIGHTH JUDICIAL CIRCUIT.
Mr. JOHNSON of Parke, from the special Committee thereon, returned the eighth Circuit Court bill, [H. R. 200] with an amendment.
Mr. PALMER submitted a minority report advising against the detaching of the counties mentioned in the bill, from the eighteenth Circuit, and attaching them to the eighth and proceeded to show the impropriety of detaching two counties from a circuit with a population of voters numbering sixteen thousand and attaching them to a circuit the court of which must already be burdened with business, since it has a voting population of twenty-six thousand.
Mr. BARRlTT moved a concurrence in the minority report.
Mr. GORDON supported the majority report.
Mr. NEFF submitted considerations in support of the minority report of the committee, which recommends that the bill be indefinitely postponed.
Mr. OSBORN would support the report of the majority, because it came from those interested.
Mr. JOHNSON of Parke, spoke at length in support of his bill. He desired to return to the status of the Eighth Circuit two years ago.
Mr. CUNNINGHAM complained of the organization of the special committee on this bill. He moved to recommit the bill to a spe page: 530[View Page 530] cial committee of one from each county composing the circuit.
The SPEAKER explained that the committee was constituted accoding to the list of names furnished by the gentleman from Parke, and without thought as to its political complexion.
Mr. Cunningham's motion was laid on the table--yeas 49, nays 37.
Mr. JOHNSON of St. Joseph, moved that the minority report be laid on the table.
The subject was passed over for the order of the day.
COUNTY SEATSREMOVAL.
The House now took up the unfinished order of yesterday, viz: The county seat removal enrolled act [S. 133.] It requires six percent, of the voters to remove a county seat.
Mr. BOBO submitted a resolution for suspending the operation of said enrolled act, from the date of its approval by the Governor for two years. He did so, because its operation could result only in strife and litigation in many counties of the State.
Mr. BUSKIRK moved ineffectually, that it be laid on the table--yeas 44, nays 49--and the resolution was then considered (under a suspension of the rules) and read the first time.
Mr. BOBO moved that the joint resolution be made the special order for Monday.
Mr. BUSKIRK, opposing special orders generally, said he regarded this joint resolution as a reflection on the capacity of the House to do business, and unworthy the attention of the House at this late period when time is precious. He regarded the enrolled act as well matured and passed with due consideration; on the whole as little objectionable as any act that could be passed on this subject. He doubted the legality of providing by joint resolution for suspending the operation of a law. He had not examined the matter with a view discussing the point at length; he, however, doubted the legality of the proceeding. He did know, however, that the Legislature had done precious little this session, and he hoped the House would frown upon all efforts to go back and undo what little had been done. He could not see the urgent necessity of this extraordinary action in reference to the bill passed. The question settled by the passage of the bill was one which unsettled, left towns interested in the settlement of the question as to the location of the county seats, in a state of uncertainty and doubt, which is unfavorable to their prosperity. Whereas, under the law just passed those vexed questions may be settled at once, and the real estate in such places take some settled value.
Mr. STEWART of Ohio, also opposed the taking up of the time of the House with efforts to retrace our steps and undo what little had been done; and he opposed the proposition as a bad precedent.
Mr. RATLIFF explained his position as follows: I am informed that on last Friday evening, while some of us were absent to attend the election in the Eighth Congressional District, this bill passed the Senate and House under a suspention of the constitutional rule, and in about thirty minutes after it was reported to the House by the Secretary of the Senate, it was passed. This is a little more speed than is usual in the proceedings of this House. I am credibly informed that the bill passed the House without much opposition, and the refusal of the House to table the joint resolution of the gentleman from Adams [Mr. Bobo] is evidence that it did not thoroughly consider the bill. A mere majority of five votes in a hundred may change a county seat, and while only two counties are immediately concerned in this act, it may work hardships in counties having large towns or cities at either extremity, with a large floating population, a large portion of which remains only for a short time in the county. I am of opinion it should require a two-third vote of the bona fide residents to make these changes, and for this reason I favor the joint resolution.
Mr. VATER demanded the previous question, in opposition to appeals against it by Mr. Bobo and Mr. McFadin.
Mr. COFFROTH make the point of order when a bill has been once read, no further action can be taken but reference.
The SPEAKER, holding that the point is well taken, said perhaps the gentleman should have stated, shall the resolution be rejected?
Mr. BOBO then withdrew his motion to make his joint resolution a special order. He replied to Mr. Buskirk. It was impossible that this enrolled act of the Senate, No. 133, could have had mature consideration. It had not forty minutes consideration in the Senate, and it had less time in the House from first to last. He said the opponents of that bill had been swindled in the hasty manner of its consideration. The House also was deceived by misrepresentation in regard to the provisions and operations of the bill. As the law was to remove a county seat, a building and a market is necessary. This enrolled act would but work manifest injustice and oppression in every county of the State where there is any question about a removal of the county seat. He proceeded till he was arrested by a question of order against the discussion of a proposition on its merits which became a law nearly a week ago.
Mr. COFFROTH confessed that he voted for the bill without much consideration. He page: 531[View Page 531] suggested the reference of the joint resolution to the proper committee.
Mr. BOBO moved to suspend the constitutional restriction, that the joint resolution may be now put on its passage.
Mr. COFFROTH still advised that it were better than the joint resolution be referred to a standing committee.
Mr. BOBO would accept a special committee.
Mr. COFFROTH said the report of standing committee would be more satisfactory to the House, and that it be referred to the Committee on Cities and Towns.
Mr. VATER moved to amend the amendment to refer it to the Committee on County and Township Business.
Mr. FIELD of Lake, demanded the previous question, and thereunder--
Mr. Vater's amendment to the amendment of Mr. Coffroth was agreed to.
The amendment as amended, and the original motion as amended, was then adopted.
ORDERS OF THE DAY.
Mr. Neff's justices' fees bill, [H. R. 75] coming up on the third reading--amending the fifteenth section of the act of March 7, 1855--
Mr. NEFF said the bill increases the justices' fees in one or two instances, and gives them mileage.
Mr. GORON said the changes were very slight.
Mr. ZOLLARS said as the State cannot do without these justices, and as they were the most poorly paid of all public officers, their compensation should be better.
Mr. BUSKIRK considered that these fees are already sufficient.
Mr. McFADIN alleged that justices were poorly paid officers. He had been spoken to about it by many. In most cases they have very little business, but since they can not be dispensed with, their services should be fairly paid.
Mr. DAVIDSON regarded Justices of the Peace as among the most poorly paid of public servants, if not altogether the most poorly paid. He thought their fees should be increased, and gave instances in his own county, where the time of such officers were required without anything like fair and reasonable compensation. There are no officers whose fees he would more gladly vote to increase, and hoped the bill would pass.
Mr. SHOAFF also supported the bill--stating that the committee were almost unanimous in recommending its passage.
Mr. BUSKIRK showed the ill-working of the provisions of the bill allowing a fee of ten cents for each motion. That alone would increase the fees one-fifth. No amount of increase of fees would pay a justice for his time having his office in the country.
Mr. ZOLLARS favored the passage of the bill.
Mr. BOWEN took the same view, saying that in Wayne county it has been only with great difficulty that any person could be found to act as Justice of the Peace, owing to the very inadequate compensation allowed such officers.
Mr. JOHNSON of Parke, contended for reasonable fees, to command the services of competent men.
Mr. DITTEMORE moved ineffectually for indefinite postponement.
Mr. FIELD of Lake, demanded the previous question, and under its force, the bill was finally passed the House of Representatives--yeas 67, nays 15.
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., and announced the orders of the day.
Mr. SLEETH (by consent) submitted a resolution for an order (which was adopted by consent;) that when the House adjourns this afternoon, it shall be till half-past seven o'clock p. m., for the introduction of bills and resolutions.
ORDERS OF THE DAY.
The committee's Escheats bill, [H. R. 135] was taken up on the third reading. [Escheats which have remained twenty years in the Treasury to go to the Common School Fund.]
Mr. VATER said there was now in the Treasury of the State about sixteen thousand dollars belonging to estates without heirs. It was proposed to make it productive as school money--to put it into State bonds.
The bill was finally passed the House, yeas 67, nays 0.
On motion of Mr. RUDDELL, Mr. Millikan's gravel road bill, [H. R. 52] was taken up and made the special order for Monday two o'clock.
INSANE IN ANOTHER COUNTY.
Mr. Neff's bill, [H. R. 124] supplemental to the act to provide for the confinement and care of insane persons, approved February 1, 1855, where the insane person's legal settlement is in another county, and on compensation, etc., was taken up on the third reading and finally passed the House--yeas 85, nays 0.
BOUNTY FUNDS.
Mr. Welborn's bill, [H. R. 40] to enable page: 532[View Page 532] County Commissioners to demand, sue for and recover and receive any bounty fund, which may remain unexpended and unpaid, was taken up in order. [It proposes to place the proceeds of such demands, etc., to the credit of the special school fund.]
The bill was read the third time and finally passed the House of Representatives--yeas 74, nays 0.
FELONY OF STANDING CORN, MELONS, ETC.
The Agricultural Committee's bill, [H. R. 134] to amend section seventy-six ot the criminal practice act, of February 14,1865, amendatory of the general act of 1852, was taken up on the third reading.
Mr. BEELER said it makes it lawful to take offenders before a justice of the peace without warrant.
Mr. OSBORN said that it took away the penalty for going on the premises for nothing. He was opposed to it if that was the case. Unlawful going upon the land of another is going without consent, expressed or implied. This was the only relief which farmers have against fox hunters breaking down fences, etc. He proposed to amend the bill so as to restore the force of this common law offense, which was adopted by unanimous consent; and so the bill was considered as engrossed, and passed the final reading in the House of Representatives yeas 64, nays 6.
SPRING BALANCES.
Mr. Vater's bill, [H. R. 63] prohibiting the use of spring balances for articles sold by weight, was taken up in its order on the third reading.
Mr. CARNAHAN was opposed to the bill. We are sufficiently protected by the statute against frauds. There was no such thing as protection against these short weights and measures by special legislation. The general statutes and public opinion constitute the better protection. He did not believe the people of the State at large demand such a measure, and thought the good people of Indianapolis who seek, through one of their Representatives, protection from the abuses in the use of the spring balances, might profit by watching as well as praying.
Mr. UNDERWOOD said that he had been selling spring balances for about nine years, and his experience was that very few are correct, even when new, and that all become after a little use entirely unreliable.
Mr. McFADIN spoke in favor of the bill, and thought it was demanded for the best interests of the people.
Mr. VATER urged the passage of his bill, stating its propriety, and that it was generally demanded.
The bill was finally passed the House of Representatives--yeas 64, nays 14.
CLOSE IN CRIMINAL ACTIONS.
Mr. Zollars' bill, [H. R. 5] to amend the one hundred and third section of the general Criminal Practice act of June 17, 1852, was taken up in order on the third reading. It proposes to amend so that the State shall close the argument.
Mr. BOBO spoke against its passage, making a general argument against the bill, because it would be more oppressive than the rules of practice in civil cases where nothing more sacred than dollars and cents are at stake. In civil actions the plaintiff opens and the defendant closes the argument, and of late the defendant is permitted to be a witness, etc. This bill was a proposition to hem in the rights of the defendent, where his life may be at stake. He replied to the plea that this bill was necessary to make the State stand on an equality with the defense--alleging that the prosecuting attorneys as to their legal ability were a fair average among attorneys the State over. This taking away the right of the closing argument was to give the defendent wholly into the hands of the State.
Mr. OSBORN said for the last several years we have been giving all advantage in criminal trials to the defendants; and complaints against this tendency of our legislation were coming up here from all parts of the State. It was the right of the people to demand the enforcement of their laws. The rules of our criminal practice were all favorable to the criminal. It was the right of the people to have their laws enforced without any necessity for individual contributions to employ counsel in aid of the State's prosecutor.
Mr. WELBORN suggested that the words "district attorney" should be in the bill as well as prosecutor, but did not insist it.
Mr. OSBORN continued, enforcing the propriety of giving the closing argument to the State.
Mr. LAMBORN explained his negative vote by saying that he should be ashamed to go home and face his constituents, after voting for a bill of this character, which he regarded as a disgrace to the civililation of the age, and to the religion of Jesus Christ.
Mr. STEWART of Rush, demanded the previous question, and under its pressure the bill was brought to the final vote, resulting--yeas 52, nays 35.
So the bill passed the House.
NOBLESVILLE.
Mr. Stephenson's bill, [H. R. 160] to legalize the official acts of the several Boards of Trustees of the town of Noblesville, and other officers of said corporation, taken under the page: 533[View Page 533] general act of June 11, 1852, was taken up in order on the third reading.
Mr. STEPHENSON stated that the sole object of the bill is to save and quiet the title to the school property of the town, likely to come into dispute on account of the loss or displacement of the public records of the town.
The bill was finally passed the House of Representatives--yeas 69, nays 1.
COLORED COMMON SCHOOLS.
The Committee's bill, [H. R. 113] to provide separate common schools for colored children, was taken up in order on the third reading, and was finally passed the House--yeas 52, nays 36--as follows:
YEAS--Messrs. Baker, Barnet, Beatty, Bowen.Beeler, Breckinridge, Buskirk, Chapman, Chittenden, Davidson, Davis, Dunn, Fairchild, Field of Lake, Field of Lagrange, Furnas, Gilham, Green, Hall, Hamilton, Higbee, Higgins, Hutson, Johnson of Parke, Johnson of Marshall, Jump, Kercheval, Mason, Millekan, Miller, Mitchell. Monroe, Osborn, Pierce of Porter, Pierce of Vigo, Ratliff, Ruddell, Shoaff, Skidmore, Smith, Stephfnson, Stewart of Ohio, Stewart of Rush, Taber, Underwood, Vardeman, Vater, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union, and Mr. Speaker--52.
NAYS--Messrs. Addison, Barritt, Bates, Bobo, Britton, Calvert, Carnahan, Cave, Coffroth, Cory, Cox, Cunningham, Dittemore, Fuller, Hutchings, Johnson of Montgomery, Lawler, Lamborn, Logan, Long, McBride, McDonald, McFadin, McGregor, Miles, Miner, Neff, Odell, Palmer, Shoemaker, Sleeth, Sunman, Welborn, Williams of Knox, Zenor and Zollars--36.
Mr. LAMBORN explained his vote as follows: Mr. Speakes: I desire to give the reasons as to how I vote on this bill. Being engaged when it was called up, I did not notice until the roll call had commenced, and being silenced when it was on its engrossment by the previous question, I have no resource but to spread my reasons on the Journal.
For thirty years of my life, I have stood beneath the negro: have asked for no rights for myself that I have not been willing to grant to him. I look upon him as a man and a brother, and ask no privileges in the common schools of the State, for my children, but that I am willing to accord to the humblest colored child in the State. This bill is founded upon a prejudice that is unjust, indecent and anti-christian, a prejudice that has no existence in any country on the Globe except our own, that claims to be civilized. The bill literally shuts the door of our Common Schools to the black man, unless they are in sufficient numbers to have separate schools, and the friends of this bill know full well that this is the case but in a small portion of the counties in the State. A negro may live and own property in the State, pay tax as other men, and yet must be compelled to let his children remain in ignorance or sacrifice his property and go where he find enough of his race to form a Common School. The law is contrary to our Constitution, in the section providing for Common Schools. I vote on this bill with the Democrats of this House, but for a very different reason. They wish to deprive him of all the advantages of our educational system. I vote against it because it opens the schools to my children and shuts them to the colored race, and after having gone through what I have for the negro, I shall not, in this age, turn my back upon him. With him I am willing my political life shall rise or fall. But let me say, that that party, or that organization which ignores the rights of any class or race of God's people, will fall, be it ever so strong before the rising tide of the age. If the Republican party can stand, it must stand on ideas. It drew its first breath in the atmosphere of that principle which asks for the equal rights and equal brotherhood of mankind. It must still stand there, or be swept before the tidal wave of that great underlying truth, which brought our nation into existence, and which proclaimed in the face of despotism of centuries of duration, the vital principle of man's equality before the law. Believing this bill to be wrong, and calculated to foster and encourage an ignorant prejudice that had its origin in the wrong of slavery, I can not, now, that that system has gone down, aid by my vote, anything that is calculated to uphold and sustain the degradation it heaped upon the victims of its power. For these reasons, Mr. Speaker, I vote No, and ask to have them spread upon the Journal.
Mr. RATLIFF proposed an amendment of the title, which was adopted, viz: "An act to render taxation for common school purposes uniform, and to provide for the education of the colored children of the State."
PRIVATE CEMETERIES.
Mr. Stewart of Rush's private cemetery exemption bill, [H. R. 161] was taken up on the third reading, and finally passed the House--yeas 80, nays 0.
LIFE INSURANCE COMPANIES.
Mr. Breckinridge's bill, [H. R. 60] supplemental to the act for the incorporation of insurance companies, of January 17, 1852, and December 20, 1865, was taken up in order on the third reading. (It is a carefully prepared and well guarded bill of two sections filled with important specific regulations, with penalty for their infraction.)
Mr. UNDERWOOD said this bill is a substitute for Mr. Breckinridge's bill, introduced January 18. It requires life insurance companies so have a bonafide capital of one hundred thousand dollars and imposes on them additional liabilities. It is estimated that ten page: 534[View Page 534] millions of dollars are annually taken out of the State by life insurance companies, He could see no reason why we could not have in this State just as good companies as they have in any other State. It is the purpose of this bill to protect the people from bogus concerns, and is almost an exact copy of the New York law.
The bill was passed--yeas 63, nays 10.
Mr. UNDERWOOD moved an amendment of the title which was agreed to.
CATTLE AT LARGE.
Mr. Johnson of Marshall's, bill [H. R. 143] supplementary to the act which provides for the regulation of all sorts of animals running at large, authorizing such cattle to be impounded and sold, etc., was taken up on the third reading.
Mr. JOHNSON said under our present law the County Commissioners may define what kind of animals may run at large. He then stated a late Supreme Court decision, coming up from Allen county, in which it is held that the owner is liable for damages occasioned by his stock running at large, as by the train and cow colliding. This bill provides that where the County Commissioners allow stock to run at large, then the owner is not liable for any damage they may occasion. He stated, however, that there was probably some humbug connected with this decision. The railroad obtained the judgment against the farmer for five thousand dollars for the damage occasioned by the collision of their train with his cow; but the farmer did not have the five thousand dollars to pay, etc.
Mr. ZOLLARS desired time to examine this bill further, and hoped it would be passed over for that purpose. But--
After debate by Messrs. Buskirk, Cunningham, Coffroth and others--the bill passed the final reading in the House--yeas 82, nays 0--with an amendment of title.
TOWNSHIP DEBTS.
Mr. Dunn's bill, [H. R. 37] to authorize township trustees to sell bonds, and procure means to build school houses, pay debts., etc., was taken up on the third reading.
Mr. DUNN explained its provisions and stated circumstances which made them especially desirable in his locality.
The bill was finally passed the House of Representatives--yeas 66, nays 15.
The Committee on Ways and Means, Prisons, Fees and Salaries were excused from attendance to-night.
Messrs. Hutchings, Vardeman, Hall and Stephenson severally obtained leave of obtained leave of absence for to-night, etc.
Mr. VARDEMAN moved to reconsider the vote of this day by which it was ordered that the House will adjourn only to half past seven to-night which was rejected, yeas 34, nays 49.
And then--
The House took a recess till half past seven o'clock p. m.
EVENING SESSION.
The SPEAKER resumed the Chair at half past seven o'clock p. m., and announced the order for the introduction of bills and resolutions.
Mr. RATLIFF called up his resolution of the other day for an order to limit speeches to ten minutes.
Mr. MONROE objected and it lies over.
BILLS FOR ACTS
Were introduced, read the first time and referred to appropriate committee unless otherwise stated, as follows:
By Mr. RUDDELL, [H.R. 274] for issuing arms and equipments to volunteer companies.
By Mr. SHOEMAKER, [H. R. 275] to amend an act touching vacancies in office, and filling the same by appointment, approved May 13, 1852.
By Mr. OSBORN, [H. R. 272] authorizing the Governor to institute suits against Railroad Companies which have not paid the taxes due, and making an appropriation therefor, and declaring an emergency for the immediate taking effect of the act.
By Mr. SLEETH, [H. R. 276] to authorize any person or persons owning a mill race or races, to enter upon adjacent lands and take therefrom such earth and gravel as may be necessary to repair such race or races, and paying a fair and reasonable compensation for the same.
By Mr. SMITH, [H. R. 277] to allow townships to bring and maintain suits in their adopted names in certain cases.
By Mr. STEWART of Rush, a Joint resolution [H. R. 11] instructing our Senators and requesting our Representatives in Congress to use their efforts to procure a pension for the widow of the late General P. A Hackleman, dating from the day of his death, October 3,1862.
By Mr. UNDERWOOD, [H. R. 278] to amend the title of an act entitled "an act concerning license to vend foreign merchandise to exhibit any caravan, menagerie, circus, rope and wire dancing, puppet show, and legerdermain,"
By Mr. VARDEMAN, [H. R. 279] to amend sections three and four of the liquor law of March 5, 1859.
By Mr. WELBORN, [H. R. 280] to au page: 535[View Page 535] thorize incorporated towns to make subscriptions and donations to aid in the construction of plank, macadamized, gravel roads and railroads, running into of through such towns, prescribing the manner in which such subscriptions and donations may be made for the enforcement thereof, and to provide for the issuing of bonds by such towns to plank, gravel, macadamize and railroad corporations in payment of such subscriptions and donations, and to authorize the levying and collecting of a special tax by the corporate authorities of each towns for the redemption of such bonds.
By Mr. WILLIAMS of Hamilton, [H. R. 281] to apprehend and convict persons accused of crimes and misdemeanors.
By Mr. WILLIAMS of Knox, [H. R. 282] to amend the twenty-eighth section of an act to regulate the sale of swamp lands donated by the United States to the State of Indiana, and to provide for the draining and reclaiming thereof, in accordance with the condition of said grant.
By Mr. WILLIAMS of Union, [H. R. 283] regulating the employment of persons under sixteen years of age, in cotton and woolen factories in this State, and providing for the education of such persons.
By Mr. ZOLLARS, [H. R. 284] to legalize the proceedings of the Common Councils of cities in opening streets and alleys.
By Mr. BAKER, [H. R. 285] regulating the fees of county clerks in relation to estates and guardianships, repealing former acts in relation thereto, and declaring an emergency.
By Mr. BEELER, [H. R. 286] to repeal an act to amend an act entitled an act directing what counties shall send their convicts to Prison, &c., approved June 1, 1861, approved March 11, 1867.
By Mr. CALVERT, [H. R. 287] to amend section one hundred and fifty-six of the practice act.
By Mr. CHAPMAN, [H. R. 288] amending sections four and eight of the liquor law of March 5, 1859.
By Mr. CORY, [H. R. 289] to regulate the election of certain township officers, providing that no elector shall vote only for supervisors of Roads in their respective districts, declaring a violation of this law a misdemeanor, and fixing a penalty.
By Mr. CUNNINGHAM, [H. R. 290] to amend sections one, twenty-five and thirty-three of the school law.
By Mr. DAVIDSON, [H. R. 291] defining who shall be eligible to vote at any general, county, township or municipal election.
By Mr. DUNN, [H. R. 292] to amend section one of an act providing for the election of county Sheriffs, and prescribing some of their duties.
By Mr. FAIRCHILD, [H.R. 293] to amend section sixteen of the Supervisors of Highways act of March 5, 1859.
By Mr. FIELD of Lake, [H. R. 294] for the relief of the heirs of Patrick Donovan deceased.
By Mr. FIELD of Lagrange, [H. R. 295] to authorize gravel road companies organized under an act approved by the General Assembly of the State of Indiana, May 12, 1852, authorizing the construction of plank, macadamized or gravel roads, to assess the lands within one and a half miles on either side thereof, when eight hundred dollars to the mile has been subscribed.
By Mr. FURNAS, [H. R. 296] to amend the eleventh section of an act to establish a House of Refuge, and to make other provisions in relation to said institution.
By Mr. HIGBEE, [H. R. 297] for the relief of George Arnold.
By Mr. HUTSON, [H. R. 298] enabling Swamp Land Commissioners and Engineers to select swamp lands and receive the same in payment for service heretofore rendered as such commissioner or engineer, and prescribing the manner in which such selections and entries shall be made.
By Mr. HYATT, [H. R. 299] to amend section seventeen of act to amend sections one, seven and twelve, of an act to authorize the construction of lavees and drains, approved June 12, 1852, and supplemental thereto.
By Mr. JOHNSON of Marshall, [H. R. 300] to provide for the publication of the proceedings of County Commissioners in two newspapers of the county, and declaring an emergency.
By Mr. LAMBORN, [H. R. 301] to reform our jail system.
By Mr. McDONALD, [H. R. 302] to provide for the draining of Swamp lands in the State of Indiana.
By Mr. McGREGOR, [H. R. 303] repealing section twenty-four of an act authorizing the construction of plank, macadamized and gravel roads, approved May 12, 1852.
By Mr. MILLER [H. R. 304] declaring that all section lines shall be opened as public highways.
By Mr. MINER, [H. R. 305] to amend clause forty-three of section fifty-three of the act for the incorporation of cities, approved March 14, 1867.
By Mr MONROE, [H. R. 306] fixing the per diem and mileage of members of the General Assembly, the pay of the Secretary of the Senate, the clerk of the House of Representatives, the Doorkeepers of the Senate and House, the clerks to the committees of the two Houses, declaring who shall preside in opening the Senate, in the absence of the Lieutenant Governor, who shall preside in the organization of the House of Representatives, page: 536[View Page 536] defining certain duties of the State Librarian in connection with said organization, etc.
By Mr. ODELL, [H. R. 307] authorizing plank, macadamized and gravel road companies to enter upon the lands adjacent thereto, make ditches and drains, and to take therefrom materials; also to keep such roads in repair, and to enter upon any lands and take materials therefrom to construct any such roads, providing the mode of the assessment of damages therefor, adopting uniform rates of tolls thereon, and declaring an emergency.
By Mr. PIERCE of Porter, [H. R. 308] to amend sections four, thirteen and fifteen of an act to establish a home for sick and disabled Indiana soldiers and seamen, and their orphans and widows, and supplemental thereto.
By Mr. VATER, [H. R. 309] to provide for the erection of a new Capitol building.
Pending this order--
THE SUFFRAGE QUESTION.
Mr. McBRIDE offered the following preamble and resolution:
WHEREAS, The two great political parties in the State of Indiana, in their respective Conventions assembted in the city of Indianapolis, in the year 1868, for the purpose of expressing the political sentiments of said parties, did, among other things assert that the question of suffrage was a question that belongs to the people of the State alone, and did insert said principle in their respective platforms. Therefore,
RESOLVED, That in as much as we, the Representatives of the people, elected upon the platforms above mentioned without the people of the State passing upon the question of negro suffrage, do hereby re-affirm the principle, that this question is one upon which the people of the State should be permitted to pass upon at the ballot box, and that the authority to settle this question should not be assumed and arbitrarily exercised by Representatives in the General Assembly.
On motion, it was laid on the table, temporarily.
Mr. ZENOR submitted a resolution got an order for night sessions on Tuesdays, Wednesdays and Fridays.
Mr. CARNAHAN moved to lay it on the table for the present.
It was agreed to.
Mr. GORDON submitted a resolution directing the Committee on Temperance to report a bill similar to the bill which was introduced during the session of 1865, known as the Shuey bill.
Mr. BEELER submitted a resolution, which was adopted by consent, directing the Committee on Roads to inquire whether the Central Plank Road Company have been or are now taking more toll than their charter allows so forfeiting their charter; and that for the purposes of their investigation the said Committee have power to send for persons and papers.
And then--
The House adjourned till nine o'clock a. m. to-morrow.
