THE BREVIER LEGISLATIVE REPORTS.
TENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 13, 1869.The House met at nine o,clock a. m.
The journal of yesterday having been read and authenticated--
The SPEAKER decided that the tabling of Mr. Carnahan's amendment proposed to the report from the Committee on Employes, does not carry the original proposition to the table. The Chair held that although usually the effect of tabling amendments to a proposition would be to carry the proposition itself to the table, owing tot he fact that amendments generally so attach to, or affect the original proposition, as to be inseparable therefrom, in the case referred to, the original proposition and amendment were two separate and distinct propositions, the failure of the latter in now way affecting the former, and that therefore the rule that generally applies is applicable to the case in hand.
SPECIAL COMMITTEES.
The SPEAKER announced the following special committees:
On Railroads--Messrs. Osborn, Buskirk, Vater, Neff, McFadin, Kercheval and Gordon.
On House bill No 7--Messrs. Vater, Pierce, of Port, Wildman, Fuller, Neff, Hamilton and McDonald.
On Death of Governor Wright--Messrs. Wildman, Buskirk, Coffroth, Osborne, Chittenden, Fuller and Sleeth.
On Printing Investigation--Messrs. Hamilton, Miles and Williams of Union.
On Rooms--Messrs. Buskirk, Barrett and Beeler.
STANDING COMMITTEES.
The SPEAKER announced the following additional Standing Committees.
Committee on Insurance--Messrs. Underwood, Chittenden, Fuller, Stephenson, Kercheval and Cory.
Committee on Statistics and Emigration--Messrs. Wildman, Buskirk, Dittemore, Field of Lake, Fairchild, Wile and McDonald.
Committee on Trust Fund--Messrs. Ratliff, Jump, McDonald, Bowen, Higbee, Barritt and Lawler.
Committee on Sinking Fund--Messrs. Hamilton, Hutson, Logan, Taber, Smith, Cox and Zenor.
Committee on Rights and Privileges--Messrs. Furnas, Wilson, Ghormley, Breckinridge, Fairchild, Carnahan and Hutchings.
Committee on Railroads--Messrs. Stewart of Rush, Monroe, Williams of Knox, Gilham, Ruddell, Coffroth and Cory.
Committee on Claims--Messrs. Sabin, Monroe, Williams of Knox, Williams of Union, Wildman and Tebbs.
Committee on Roads--Messrs. Millekan, Field of Lagrange, Shomaker, Higgins, Miller, Montgomery and Palmer.
Committee on County and Township Business--Messrs. Mason, Higbee, Shoemaker, Sabin, Fairchaild, Cunningham and Hyatt.
Committee on Scientific and Benevolent Institutions--Messrs. Pierce of Porter, Chittenden, Welborn, Field of Lake, Bowen, Pierce of Vigo and McBride.
Committee on Expenditures--Messrs. Williams of Union, Beeler, Miner, Davidson, Greene and Palmer.
Committee on Agriculture--Messrs. Beeler, Higgins, Sunman, Furnas, Mason, Fuller and Addison.
page: 72[View Page 72]Committee on Swamp Lands--Messrs. Sanborn, Barnett, Britton, Wile, Johnson of Marshall, Williams of St. Joseph and Johnston of Montgomery.
Committee on Manufactures and Commerce--Messrs. Skidmore, Williams of Hamilton, Long, Davis, Davidson, Calvert and Admire.
PETITIONS.
Mr. WILLIAMS of Knox, presented a petition from fifty-six citizens of Knox county on the subject of sewers and drains, which was referred to the Committee on Corporations without reading.
Mr. COFFROTH presented a petition from Aquilla Jones, late Treasurer of State, making certain statements in regard to a business transaction between himself as Treasurer of State and the late John P. Dunn, relating to the distressed condition of the family of the said Dunn, and praying that certain lands involved in said transactions be placed in the hands of a trustee on the payment by the family of said Dunn of a certain sum yet due the State, for the relief of said family. It was referred to the Judiciary Committee.
Mr. OSBORN moved, ineffectually, to refer all petitions without reading, the member presenting the same giving an abstract of its contents
Mr. STEWART of Bush, arguing against the suspension of the rules for such a purpose.
REPORTS FROM COMMITTEES.
Mr. MITCHELL from the Judiciary Committee, returned Mr. Coffroth's foreign guardians' bill [H. E. 7] without amendment.
Mr. CORY, from the special committee on his Judicial Circuit Court bill [H. E. 2] returned the same with an amendment, which was concurred in, and the bill was passed the second reading.
Mr. CORY moved a suspension of the Constitutional restriction, so as to admit of the order for engrossment and third reading to-day, which was agreed to--yeas 91, nays 2--so the bill was passed the third reading in the House--yeas 91, nays 0.
EMPLOYEES.
Mr. SKIDMORE, from the special Committee on the Employees of the House, made the following report:
Mr. SPEAKER: Your Committee, to whom was referred the question of the number of employees to be appointed by the elective officers of this House, have had the same under consideration, and beg leave to make this additional report, containing the names of the several employees appointed by the officers of this House, to-wit:
Appointed by the Speaker:--Speaker's Page, John McArthur, of Indianapolis. Floor Pages, George Buskirk, jr., Bloomington; Max. Woollen, Indianapolis; W. Phillips, Indianapolis; Thomas Brown, Indianapolis.
Appointed by the Principal Clerk:--Clerk's Page, John C. Mervin, of Putnam county. Reading Clerk, H. H. Robinson, of Allen county. Registry Clerk, Frank M. Howard, of Parke county. File Clerk, E. M. Smith, of Wabash county. First Enrolling Clerk, J. J. Hayden, of Marion county. Second Enrolling Clerk, H. C. Dnncan, of Lawrence county. First Engrossing Clerk, Wm. H. Snodgrass, of Clarke county, Second Engrossing Clerk, Wm. H. Burk, of Putnam county. Third Engrossing Clerk, Noble B. Judah, of Knox county. Fourth Engrossing Clerk, W. H. H. Graham, of Clay county.
Appointed by the Assistant Clerk:--Minute Clerk, R. O. Dormer, of Wayne county. Journal Clerk, L. A. Hardesty of Marion county. Journal Clerk, E B. McCain, of Montgomery county. Journal Clerk, P. H. Oliver of Boone county. Journal Clerk, J.F, Heaton, of Porter County. Journal Clerk, A. F. Phillips, of Howard county, Journal Clerk, In Broshears, of Spencer county.
Appointed by the Doorkeeper:--First Assistant N. W. Fitzgerald, of Shelby county. Second Assistant, Samuel Brown, of Johnson county. Third Assistant, H. P. Miller of Vigo county. Cloak Room Keeper, W. M. Cochran, of Marion caunty. Announcing Messenger, D. Overmyer. of Jackson county. Mail Carrier, J. W. Martin, of Lawrence county. Firemen, J. Y. Place of Clarke county; Wm. Boaz, of Marion county. Water Carriers, Lewis Ratliff, of Grant county; Samuel C. Fitzgerald, of Shelby county. Sweeper, D. D. Dicus, of Wabash county. Spittoon Cleaner, Jesse H. Green, of Owen county. Privy Cleaner, Jacob Buser, of Marion county. Postmaster, Enos Wildman, of Jefferson county. Assistant Postmaster, Larmatine M. Bailey of Marshall county. Folders and Carriers, George Dedrick, of Marion county; G. R. Skidmore of Vermillion county; H. P. McGuire, of Rush county; James Dilley, of Marion county.
Speaker's Clerk not yet appointed.
On motion of Mr. PIERCE of Vigo, it was ordered that the report from the special Committee be considered by its items.
Mr. WILLIAMS proposed to amend by striking out "four" and insert "two" floor pages.
Mr. JOHNSON of Parke, moved to lay the amendment on the table.
Mr. WILLIAMS of Knox, and Mr. JOHNSON demanded the yeas and nays, which being taken, resulted-- yeas 55, nays 40.
So the amendment was laid on the table.
Mr. GORDON moved to amend by striking out "four" and inserting "three" floor pages.
Mr. DITTEMORE moved to lay this on the table, which was rejected--yeas 33, nays 62.
Mr. Gordon's amendment was then adopted.
The item for Speakers' appointees was then adopted as amended.
That with reference to the appointees by the Principal Clerk was next considered.
Mr. COFFROTH proposed to amend striking out the Clerk's page.
Mr. VATER opposed the amendment.
It was rejected, and the item for Principe Clerk appointees was then adopted by--yeas 56, nays 38.
The item for employees by J. O. Hardest principal Assistant Clerk, was next considered.
Mr. McFADIN and Mr. GORDON sa the clerical force here proposed was the same as at the last session.
Mr. CORY proposed to amend by striking out "six" journal clerks and inserting "four."
page: 73[View Page 73]Mr. OVERMYER moved to lay the amendment on the table.
Mr. COTTON and Mr. WILLIAMS of Knox, demanded the yeas and nays, which being taken, resulted--yeas 48, nays 44.
So the amendment was laid on the table.
This item was then adopted without a division.
The item for Doorkeeper employes being under consideration--
Mr. PIERCE of Porter moved to amend by striking out "cloak keeper."
The amendment was adopted.
Mr. GORDON proposed to strike out "four" folders and insert "two."
Mr. VATER said that had been definitely ordered by the House.
Mr. McFADIN moved to reconsider the order of yesterday.
The SPEAKER decided the motion to reconsider to be out of order.
Mr. JOHNSON of Parke, proposed two assistant Doorkeepers, one fireman, one spittoon cleaner, one privy cleaner, one water carrier, one mail carrier, one postmaster, and two folders.
The SPEAKER decided the amendment as to folders and water carriers to be out of order, having been passed upon by the House.
Mr. COFFROTH called for the regular order of business.
The SPEAKER then announced the regular order of business, to be bills and resolutions of the Senate on the first and second reading.
On motion of Mr. GORDON the regular order was dispensed with for the consideration of the matter of employees now before the use.
Mr. BAKER moved to lay Mr. Johnson's amendment on the table.
Mr. JOHNSON consented to modify his amendment by striking out "two folders," and "one water carrier," in accordance with the ruling of the Chair.
The House refused to lay the amendment on the table--by yeas 24, nays 38.
Mr. JOHNSON of Parke, demanded the previous question, and there was a second by the House.
Mr. Johnson's amendment was then adopted and then the report as amended was adopted.
Mr. COFFROTH moved to reconsider the vote reducing the number of floor pages from "four" to "three."
Mr. GORDON opposed the motion to reconsider.
Mr. STEWART of Ohio, and Mr. OSBORN, concurred with Mr. Coffroth in his desire to reconsider and restore the number "four" for floor pages.
Mr. McFADIN though himself in favor of the larger number, preferred that now the House would try the smaller number, since that had been deliberately adopted.
The House refused to reconsider on a division--affirmative 44, negative 45. On a second count by tellers, 54 voted for reconsideration.
So the vote was reconsidered; and the question recurred on the original motion to strike out "four" and insert "three."
On motion, this motion was rejected,
So the number "four" (floor pages) was restored to the report as adopted.
TWENTIETH JUDICIAL DISTRICT.
On motion by Mr. COFFROTH, the House took up the Common pleas bill [H. E. 1] fixing the times of holding courts in the twentieth Judicial Circuit--the question being on the finally passage of the bill.
The bill finally passed the House of Representatives--yeas 87, nays 1--the tittle: "to fix the time of holding courts in the twentieth Judicial District."
ORDERED, That the Clerk acquaint the Senate therewith.
The House then took a recess till two o'clock p. m.
AFTERNOON SESSION.
The SPEAKER resumed at two o'clock p. in., and announced the order for the consideration of messages from the Senate.
The Clerk read the joint resolution [No. 1] of the Senate, directing the Auditor of State, to report a list of official fees, which was concurred in.
The joint resolution of the Senate for printing eight thousand copies of the Governor's messsage--one thousand five hundred in German, etc., coming up--
Mr. HAMILTON of Vigo, proposed to amend, by increasing the German copies to two thousand five hundred, which was rejected.
And then the joint resolution was concurred in.
The fourteenth Judicial District bill [S. 1] was read the first time.
Mr. WILLIAMS of Hamilton, after stating that it was important that the bill should pass as soon as possible, and giving reasons for the same, moved a suspension of the rules to hurry its passage.
Mr. RATLIFF thought that it would be found that the time fixed by the bill conflicts with that for holding courts in Grant county, and he hoped the bill would go to the committee, in order that such conflict might be remedied.
Mr. WILLIAMS said that the matter had been examined, and he felt sure that the gentleman was in error.
page: 74[View Page 74]Mr. MOCK said the bill was right.
Mr. PIERCE of Porter, moved its reference to the Committee on Judiciary.
The motion of Mr. Williams of Hamilton, was agreed to--yeas 78, nays 17--and the bill was read the second time by title.
And then--
On motion of Mr. PIERCE of Porter, it was referred to the special Committee of members from the forteenth Judicial District.
The bill [S. 2] fixing the time of Circuit Courts in the counties of Franklin, Fayette, Union, Rush, Shelby, Decatur and Dearborn (4th circuit) was read the first time and laid on the table.
Mr. McFADIN obtained leave to submit a resolution that this House be entitled to two folding clerks, and that said clerks be James Dilly and B. F. Skidmore. These boys he said had been discharged by the action of the House this morning, and would get no compensation without such an order. The two little boys named in the resolution who had done the work of the session thus far, were entitled to the situations. The two boys alluded to, are the boys recommended in the report of the Committee on Employees, and both have strong claims on the House for sympathy and encouragement.
Mr. JOHNSON of St. Joseph, proposed to amend by a proposition to authorize the Doorkeeper to employ an Assistant Postmaster, that his name be Larmartine Bailey, etc.
Mr. RATLIFF and Mr. BARRETT opposed the amendment of Mr. Johnson.
It was laid on the table.
Mr. WILSON proposed to amend by an order to allow pay for the services rendered by all employees of the House to this time.
The SPEAKER ruled it out of order--not germain.
Mr. BUSKIRK, who voted for the resolution of Mr. Vater, on a previous day, reducing the folding clerks from four to one, under the impression that one would be found able to do the work, expressed himself in favor of the resolution of the member from Cass, believing from observation, that the work will require two clerks.
Mr. VATER reiterated what he had said, in introducing the resolution, that he knew one boy that would be glad to do the work for one dollar and fifty cents per day, and that he would be found able to do it all satisfactorily.
Mr. McFADIN introduced the two boys to the House, and made another appeal in their favor, when the main question was put and carried, and Mr. McFadin returned his boys in triumph to the folding room.
Mr. McFadin's order being adopted--
Mr. WILSON'S order as above was now submitted and adopted without a division.
LEGISLATIVE EXPENSES.
Mr. RATLIFF (by unanimous consent) introduced a bill [H. R. 32] to provide specific appropriations for legislative expenses. Seventy-five thousand dollars.
The constitutional restriction being suspended--yeas 84, nays 9--the bill was read again the second time and passed.
On motion of Mr. COFFROTH, the House then resolved itself into Committee of the Whole for the consideration of this bill--Mr. Coffroth in the Chair.
The CHAIRMAN ordered the reading and consideration of the bill by sections.
Mr. OSBORN moved to so amend the section fixing the per diem of pages at three dollars, as to read "two dollars," and supported his motion with a few remarks to the effect, that the services of boys as pages were not worth the money, or else the labor of Representatives was not very valuable, since there was but little difference in their wages. He knew that there were scores of boys willing to do the work for much less, and he saw no propriety in paying more for labor than labor demanded.
Mr. BARRETT objected to the comparison of wages of pages and members, which he declared unfair, since the pages could not draw stamps and stationery.
Mr. BUSKIRK opposed the motion to a-mend, on the ground that at two dollars per day, there could be no inducement for boys from distant counties to come here and act as pages--they could not afford it. He wanted a fair distribution of the offices among the counties, and he wanted fair salaries paid, as an inducement for bright and efficient boys to make application.
Mr. VATER after stating that any number of boys who would do the work efficiently could be procurred here for one dollar and a half per day, and be glad to get it, asked Mr. Buskirk if he would pay three dollars a day for boys, just for the sake of getting boys away from Marion county.
Mr. BUSKIRK replied that he thought it might prove a good investment.
The motion was then rejected.
The Clerk read the third section of the bill, granting a per diem of four dollars to such employes, except the Assistant Doorkeepers.
Mr. OSBORN moved to so amend the section as to reduce the pay of employes of the Doorkeeper from four dollars to three dollars per day.
Mr. VATER begged to say--the last he would probably say on the subject, that in engaging employes of the House, he thought it the duty of the House to proceed upon exactly the same principle that governed men in other positions in life. He, as a mechanic proposing to erect a building for the State, page: 75[View Page 75] would be compelled to come into competition with the thousands of other mechanics of the State, in fixing the remuneration for such labor, and it was right. In engaging employes, it was as much the duty of the House to take into consideration the value of such labor, as it could be in considering bids for other work. He should always look to the value of labor, and not to the custom of the House.
Mr. McFADIN alluded to the cost of living in Indianapolis, and, to illustrate the difficulties attending the keeping of money here, stated' that it was necessary for a praying member to perform his devotions with one eye open, and one hand on his pocket book. Besides he thought the opposition of Mr. Vater not well considered, for nearly all the money paid out to employes was set afloat here in the city.
Mr. RUDDELL opposed the paying of such high salaries, for the reason that it offered inducements for scores of adventurers throughout the State, to give up paying situations to come here, and enter the grand squabble for office. He thought the inducements entirely too great.
Mr. HAMILTON opposed the reduction of the salaries, but paid quite a compliment to the hospitality he had enjoyed at the hands of the people of the capitol, and gave it as his experience, for the benefit of Mr. McFadin, who complained of having to pray with one eye open, that in his opinion the gentleman might safely dismiss his fears while at prayer, and go it blind. [Laughter.]
Mr. JOHNSON of Parke, suggested that a reduction of pay in these places, would reduce also the efficiency and aceeptibility of the service rendered.
Mr. STEWART of Rush, and Mr. BUSKIRK considered that this reduction of pay in these places would be virtually giving them to the applicants for them from Marion county.
Mr. DAVIDSON insisted on the amendment by Mr. Vater.
Mr. STEWART of Ohio, would pay such wages as would induce good, efficient men to come up and serve in them.
Mr. Vater's amendment was adopted and then the third section as amended was adopted.
On motion by Mr. SABIN, the committee then rose and the Chairman reported the bill to the House with the amendments adopted by the Committee, and so amended, recommended its passage.
Mr. CORY moved that the House concur in the report from the Committee of the Whole.
The motion was agreed to.
On motion of Mr. RATLIFF the bill was ordered to the engrossment.
Mr. PIERCE of Vigo, presented the report of the Trustees of the Wabash and Erie Canal, which, without reading, was laid on the table.
Mr. HAMILTON called up Mr. Barnett's resolution for a standing committee on the importation of Mexican and Texas cattle.
Mr. BARNETT urged the appointment of this committee.
The resolution was adopted.
So now the rules authorize the appointment of such a standing committee.
Mr. CHITTENDEN called up the resolution so to change the rules as to authorize the appointment of two committees on the Prisons, one for the Northern and one for the Southern.
Mr. WILLIAMS of Knox, opposed the increase of committeemen--on account of the danger of losing a quorum.
Mr. JOHNSON of St. Joseph, desired the two committees.
Mr. STEWART of Rush, and Mr. VATER opposed the appointment of the second committee.
The proposition was rejected.
Mr. BARRETT submitted a resolution that the rules of the House be 9o amended as to authorize the appointment of a standing Committee on Printing.
Also, that the rules be so amended that no member be allowed to introduce more that two resolutions and two bills on the same day, without the consent of the House, which resolutions lie over one day.
THE INCURABLE INSANE.
Mr. WILSON offered the following resolution.
RESOLVED, That a special committee of three be appointed to inqure into the condition of the Hospital for the Insane and its capacity for the accommodation of all patients, both curable and incurable, within this State, and if, in the opinion of such committee, it is necessary and expedient to establish a hospital for permanent insane, that they report a bill for the erection and establishment of such hospital.
On motion by Mr. RUDDELL it was referred to the Committee on Benevolent Institutions.
BILLS FOR ACTS.
Mr. COFFROTH (by leave) introduced a bill [H. R. 33] for an act for the relief of the widow and heirs of John P. Dunn, deceased, which was referred to the Committee on the Judiciary.
Mr. JOHNSON of Parke, introduced a bill [H. R. 34] to enable incorporated towns to layout, open and improve streets and alleys, and prescribe the mode etc. It was referred to the Committee on Corporations.
Mr. UNDERWOOD introduced a bill [H. R. 35] for an act to fix fees of grand and pet- page: 76[View Page 76] tit jurors, and repealing all conflicting laws. It was referred to the Committee on Fees and Salaries.
Mr. STEWART of Ohio, introduced a bill [H. E. 36] for an act concerning vagrants, and proceedings against the same. It was referred to the Committee on the Judiciary.
Mr. DUNN introduced a bill [H. R. 37] for an act authorizing township trustees to sell bonds and procure means to build school houses, pay debts, etc. [They may issue and sell for not less than ninety-one cents on the dollar township bonds to the extent of twenty thousand dollars.] It was referred to the Committee on Education.
Mr. OSBORN introduced a bill [H. R. 38] declaring certain contracts made by and with common carriers, void.
Mr. BOWEN introduced a bill [H. R. 39] to suppress tippling houses, to regulate the sale, barter or giving away of spirituous and malt liquors, wine and cider; to provide penalties for violation of this act, etc., which was referred to the Committee on Temperance.
Mr. LONG introduced a joint resolution [H. R. 1] for the relief of Annie Christina Hellar, [fifty dollars--proceeds of the sale of certain swamp land, in Jackson county, with interest, to be refunded to Mrs. Hellar.] It was referred to the Committee on Claims.
Mr. MILES introduced a joint resolution [H. R. 2] instructing our Senators and Representatives in Congress to use their influence to secure the passage of a law, authorizing the interest arising from the proceeds of the State Agricultural College Swamp Land Scrip, to be applied to the support of the Common Schools of the State, etc. It was referred to the Committee on Federal Relations.
Mr. MITCHELL submitted a resolution, which was adopted, that during the reading of the journal of the House, no member, officer or employee thereof, shall leave his place, unless he has leave of the House.
The SPEAKER announced the following standing committee:
On Engrossed Bills--Messrs. Johnson of Parke, Stephenson, Ghormley, Dittemore, Underwood, Field of Lake, and Welborn.
The House then adjourned.
