HOUSE OF REPRESENTATIVES.
The House of Representatives met at 9 o'clock A. M., and the reading of the journal was dispensed with for the present.
On motion of Mr. WILDMAN, Mr. Williams of Knox, in conjunction with the Clerk, was appointed a committee to recover such bills of the former sessions as may have been lost from the files of the Clerk.
On motion of Mr. OSBORN Mr. Shoemaker was added to the Committee on Manufactures.
The SPEAKER stated that Mr. Wildman was appointed to serve on the Committee on Ways and Means, but by inadvertance his name was omitted in the original announcement of that Committee.
Mr. STEWART, of Rush, submitted the following:
Resolved, by the House of Representatives, In view of the large amount of business now demanding action, that no new measures will be entertained until the calendar shall have been called once through, and all pending matter be disposed of.
Mr. JOHNSON,of Parke, asked whether the House could establish a rule without a quorum?
The SPEAKER answered in the negative, and ordered a call of the House.
The call of the roll determined 59 members present.
The call of the House having been dispensed with-
Mr. STEWART, of Rush, moved to take up and read bill's on the Calendar in their earlier stages. But-
Mr. BARRETT made the point (which was sustained) that without a quorum the House can do nothing but adjourn, etc. Whereupon-
On the motion of Mr. WILLIAMS, of Knox, the House took a recess till 10 1/2 o'clock.
page: 79[View Page 79]SPEAKER resumed the Chair at 10 1/2 o'clock.
Mr McFADIN moved ineffectually for a call of the House.
The SPEAKER said: As it is evident that there is not a quorum, the Chair will order a call of the House.
The call proceeded, and 72 members responded.
PETITIONS.
Mr. OSBORN submitted a petition from citizens of Lagrange county, asking for modifications of the Divorce law.
The SPEAKER laid before the House a memorial from the State Board of Education for change of the law regulating the election of School Trustees, and for a Township Library tax.
TOWNSHIP LIBRARIES.
Mr. OSBORN, in connection therewith, obtained leave to introduce a bill (H. R. 339) for a tax of one-fifth of a mill on the dollar for replenishing of the township libraries.
LIFE INSURANCE-VETO.
The Speaker laid before the House the Governor's message, dated March 9, 1869, returning, with his veto, Mr. Underwood's Life Insurance bill (H. R. 60) for an act for the incorporation and continuace of insurance companies; authorizing them to reissue their risks, exempting certain policies of life insurance for attachment by creditors; making all policies non-forfeitable after two full annual payments; repealing, &c.
Mr. UNDERWOOD said the objections of the Governor could be removed by throwing out of a single word, the word "being." He moved that the vote for the passage of the bill be reconsidered, and to lay the motion to reconsider on the table.
After debate on the question of order involved, by Messrs. Underwood, Osborn, Pierce, of Porter, Chittenden, the Speaker, Williams, of Knox, Stewart, of Rush, Gil-ham, Cory, and others-
Mr. CORY moved to refer the matter to the Committee on Insurance.
Mr. CHITTENDEN proposed the Committee on Judiciary.
Mr. WILLIAMS of Knox, read the Constitutional proviso with reference to action on vetoes; and the question of order was further discussed by Mr. Pierce of Vigo, Mr. Osborn, and others.
Mr. MITCHELL moved to lay the matter on the table, and that it be deferred till 10 o'clock to-morrow; and after further discussion of the order, Mr. Mitchell's motion was rejected.
Mr. Chittenden's motion to refer to the Committee on the Judiciary, was also rejected; and the question recurred on Mr. Cory's motion to refer to the Committee on Insurance, which was also rejected.
Mr. UNDERWOOD moved that the bill become a law, notwithstanding the Governor's veto, without any desire for the success of the motion.
Mr. KERCHEVAL. Since the Chair decides that the bill can not be amended, the only course that remains is for the House to decide whether the bill shall become a law, notwithstanding the veto; and this was sustained by Messrs. Osborn, Sabin and others. So that question was decided in the negative. Yeas, 0; nays, 80.
Mr. McFADIN submitted the following, desiring that it should be read for the benefit of the House, and while he did not expect it would be spread on the broad pages of the journal, he hoped it would not escape the hand of the reporter:
WHEREAS, The honorable member from Hamilton county left this State, went into another and took to himself a wife. Therefore,
Be it Resolved, That he has the congratulations and tender solicitudes of all the members of this House, in this important and solemn change in his natural life; and hope that the copartnership will result favorably to the happy member and his posterity; and would say to each single individual: Go thou and do likewise.
Mr. STEPHENSON proposed to amend by substituting the following:
Resolved, That as the subject of marriage is so exciting to the gentleman from Cass, Mr. McFadin, and as he labors under that excitement at present, therefore that a committee of three be appointed to soothe him, and that they be empowered to send for all the necessary papers and persons, provided that the said gentleman shall have choice of persons.
Resolved, That said committee, after initiating the said gentleman, shall report to this House in full; and should the gentleman expire in the attempt, that said committe report his dying declarations for the benefit of the ancestors that are to come after us.
Mr. McFADIN. I move for the adoption of both bills. [Laughter.]
Neither of these propositions could be entertained.
Mr. PIERCE, of Vigo, (obtaining leave for the purpose,) submitted the following, which was adopted:
Resolved, That His Excellency, the Governor, be requested to furnish to this House the number and names of the prisoners confined in the penitentiaries of this State who have received pardons since the 1st day of January, 1867, to the 1st day of April, 1869; also, the crimes of which they were convicted, and the periods of time for which they were to be imprisoned.
JUDGES OF CRIMINAL CIRCUIT COURTS.
Mr. DUNN obtained leave to submit a report from the Judiciary Committee returning his bill [H. R. 334] in relation to the Criminal Circuit Courts, and the Judges thereof, with a recommendation for its immediate passage, and he moved, ineffectually, that the Constitutional restriction be suspended for the purpose, two-thirds of a quorum refusing to vote in the affirmative.
Mr. KERCHEVAL obtained leave to page: 80[View Page 80] submit a report from the Committee on Banks, and returned the bill [S. 161] to provide for the organization of Savings' Banks, with an amendment proposing a section to declare an emergency.
Mr. STEWART, of Rush moved to take up the consideration of his resolution, offered this morning, and it was read again by the Clerk. He supposed that if this order was passed we could get through the pressing business in the course of to-day and to-morrow.
Mr. WELBORN suggested that a proposition to change the rules must lie over one day.
The SPEAKER ruled that the point was well taken.
Mr. STEWART. Let it go over, then.
Mr. CORY moved for a suspension of the order of business for the consideration of his Legislative Appropriation bill. [H. R. 733.]
Mr. VATER was sorry to see the consideration of this bill urged upon the House to the exclusion of important legislation so long delayed, and by the action of the very men now urging this bill.
Mr. CORY denied that this bill is pressed upon the House to the exclusion of others.
Mr. STANTON made the point, which was sustained, that a motion to suspend the order of business is riot debateable, and then-
Mr. CORY'S motion was agreed to by yeas 42, nays 39, and the bill was taken up and read a third time.
Mr. VATER moved to recommitt the bill to the Committee on Ways and Means, with instructions to report as to the expediency of passing it now.
Mr. NEFF moved to lay Mr. Vater's motion on the table, which was decided in the negative - yeas 53, nays 29, and the question recurred on the passage of the bill.
Mr. BARRITT demanded the previous question.
Mr. GORDON made an ineffectual motion to adjourn.
And then, the previous question having been seconded, and the main question ordered, the bill was finally passed in the House of Representatives - yeas 53, nays 27.
INDIANA CENTRAL RAILROAD.
Mr. OSBORN submitted the following, which was adopted:
Resolved, That the President and Secretary of the Indiana Central Railroad be, and they are hereby, requested to report to the House a copy of the official reports made by the officers of said company from their organization up to this time, and especially to report the amount paid by the State to said Company for the transportation of troops, provisions and munitions of war from 1860 to this time. That the Clerk of the House be, and he is hereby directed, to furnish a copy of this resolution to said officers immediately.
The House then took a recess till 2 o'clock.
AFTERNOON SESSION.
Mr. WELBORN announcing that Mr. John S. Davis, Representative elect for the county of Floyd is present, that gentleman came forward and received the oath of a member of the General Assembly, at the hands of the Speaker, and took his seat.
STANDING COMMITTEES.
The Speaker then completed the announcement of the Standing Committees of the House of Representatives as follows:
On Mileage and Accounts-Messrs. Bowen, Miller, Cave, Millikan, Taber, Odell and Cox.
On Corporations-Messrs. Chittenden, Dunn Odell, Breckinridge, Davidson, Neff and Cotton
On Canals-Messrs. Vardeman, Hutson, Hyatt, Hamilton, Shoemaker, Millikan and Mock.
On Public Expenditures-Messrs. Williams, of Union, Beeler, Miner, Davidson, Green, Palmer, and Miles.
On Federal Relations-Messrs. Wildman. Jump, Shoemaker, Long, Chapman. Johnson, of Montgomery, and Puller.
On the Affairs of the City of Indianapolis-Messrs. Williams, of St. Joseph, Overmyer, Montgomery, Williams, of Union, Vater, Cotton and Bates.
On Engrossed Bills-Messrs. Stephenson, Tebbs, Miles, Underwood, Field, of Lake, McDonald, and McGregor.
On Roads-Messrs. Millekan, Field, of Lagrange, Shoemaker, Higgins, Miller, Addison and Palmer.
On Statistics-Messrs. Baker, Stanton, Cave, Underwood, Ratliff and McDonald.
On Insurance-Messrs. Johnson of Parke. Underwood, Chittenden, Neff, Ruddell, Sleeth and Gory.
On Printing-Messrs. Stewart of Ohio, Skidmore, Montgomery, Higgins, Johnson of Parke, Long and McBribe.
On Mexican and Texas Cattle, &c-Messrs. Barnett, Lamborn, Bates, Furnas, Field of Lagrange, Carnahan and Sunman.
JOINT STANDING COMMITTEES.
On Enrolled Bills-Messrs. Mitchell, Bobo, Overmeyer, Osborn, McFadin and Chapman, on the part of the House.
On Public Buildings-Messrs. Williams of Hamilton, Sleeth and Field, of Lagrange, on the part of the House.
On the State Library-Messrs, Fairchild, Williams of St. Joseph, and Hutchings, on the part of the House.
On the Canal Fund-Messrs. Hall, Mock, and Stewart of Rush, on the part of the House.
On Special Railroad Committee-Messrs. Osborn, Fairchild, Neff, Vater, Coffroth, Kercheval, and McFadin.
THE SPECIFIC APPROPIATION BILL.
On motion of Mr. VATER, the order of business was suspended for the Committee on Ways and Means to report on the Specific Appropriation bill, [H. R. 311]. Whereupon-
Mr. STANTON, from said Committee, returned said bill, with amendments, adding sections 30 to 60 inclusive.
On motion of Mr. WILLIAMS, of Knox, the order of business was further suspended, for the consideration of this bill on the second reading.
On motion of Mr. CHITTENDEN, the bill was read and considered by sections.
The bill having been read through and considered by sections- page: 81[View Page 81] The amendments of the Committee on Ways and Means were concurred in.
Mr DAVIDSON moved an additional action for $113-to Lucy Shaeffer, to pay the expenses of the funeral of her late husband who died a member of the General Assembly of 1863, which was agreed to.
Mr. STEWART, of Rush, proposed $2,000 for the General Hackelman monument.
Mr. CHITTENDEN proposed a substitute $1,000 each for monuments to ex-Governor Jennings, ex-Governor Willard and General Hackelman.
Mr. STEWART of Rush said $1,000 would be insufficient for a monument suitably to distinguish the grave of General Hackelman among the monuments around the place where he was laid away.
Mr. McFADIN supported the substitute and it was adopted.
Mr. UNDERWOOD proposed $100 each to Wm. M. Merwin and John O. Hardesty for indexing the journal of this special session, which was agreed to.
Mr. STANTON proposed an allowance for extra expenses by the Committee on the Prison.
Mr. GREEN moved to lay it on the table, which was agreed to-affirmative 53, negative not counted.
Mr. RUDDELL proposed to add a section for compensation of certain witnesses attending each one day before said committee in their investigations.
On motion of Mr. McFADIN, it was laid on the table.
On motion of Mr. WELBORN, the bill was considered as engrossed.
On his further motion, the constitutional restriction was removed, and the bill was put upon its third and last reading in the House.
Mr. STANTON asked and obtained unanimous consent to submit the following:
SECTION -. That A. E. and W. H. Drapier be allowed for the same number of copies of the Brevier Legislative Reports of the Forty-sixth General Assembly, furnished every session since 1857, the same price paid per page for the last several volumes.
Mr. OSBORN said that he understood that the appropriation is for an allowance that shall embrace the reports of the proceedings of both sessions.
Mr. STEWART, of Rush, understood that the price for these Reports is two-thirds of a cent per page per copy.
The amendment was agreed to.
The bill was then finally passed the House of Representatives-yeas 77, nays 2.
BENEVOLENT INSTITUTIONS.
Mr. STANTON asked and obtained leave to introduce a bill [H. R. 340] to make appropriations for certain purposes, and upon certain conditions therein expressed.
It provides that whenever there shall be a failure to pass appropriation bills for the maintenance of the Benevolent Institutions of the State, it shall be lawful for the Governor to draw his warrants on the Treasury for that purpose-not exceeding the amount appropriated for said purposes by the last preceding session of the General Assembly.
On motion of Mr. STANTON it was -referred to the Committe on Benevolent Institutions, with instructions to report on the same to-morrow morning.
25TH FEDERAL CIRCUIT.
Mr. RUDDELL, obtaining leave, introduced a bill [H. R. 341] creating the Twenty-fifth Judicial Circuit, providing for the election of a Judge thereof, and for the transference of business thereto. [It affects the counties of Morgan, Johnson and Shelby.] Referred to a special committee of the Representatives from those counties.
PURDUE UNIVERSITY.
The SPEAKER laid before the House a communication from the Governor, enclosing a proposition from the Hon. John Purdue, of the county of Tippecanoe, to make a donation of $150,000, for his private part of the donation for the location of the Agricultural College, on condition of its location in Tippecanoe county, its being called the Purdue University, etc.
On motion of Mr. PIERCE, of Porter, the communication was referred to the special committee on that subject, consisting of one from each Congressional District.
COUNTY RAILROAD SUBSCRIPTIONS.
Mr. HIGBEE, from the special committee thereon, returned his bill [H. R. 154] to authorize Boards of County Commissioners to levy taxes for donations to railroads, etc., with amendment by substitute. [When a majority of the taxpayers petition, it shall be lawful for the Commissioners to tax 1 1/2 per cent per annum, and not exceeding 5 1/2 per cent for any one road.]
FIFTH COMMON PLEAS DISTRICT.
Mr. STEWART, of Ohio, called up the bill [S. 320] to amend the first section of the act of 1867, for regulating the time of Common Pleas in the Fifth District, and repealing the act of February 4, 1869.
The constitutional restriction having been suspended for the full and final consideration of this bill, and Mr. Dunn's Criminal Court bill [H. R. 334]-
On motion of Mr. STEWART, of Ohio, the bill [S. 320] was carried to the final passage without amendment-yeas 71, nays 1.
page: 82[View Page 82]CRIMINAL CIRCUIT COURTS.
Mr. Dunn's bill [H. R. 334] in relation to the Criminal Circuit Courts and the Judges thereof, being taken up-
Mr. DUNN said the question was still a dubious one whether these Criminal Courts are constitutional or not; and, however it might be determined, this bill can do no harm. But if the Supreme Court should hold that these courts are unconstitutional, the effect will be, that every conviction in a Criminal Court-every single sentence from the Judges of these Criminal Courts will be invalidated. Every prisoner they have sent to the penitentiaries will be releasd and become a ground of action for false imprisonment, for work done and labor performed, &c. This bill was for remedy in either case, as far. as may be. But if the Supreme Court should decide the act authorizing these Criminal Circuit Courts unconstitutional ab initio, and he were asked whether, in that event this bill would offer a complete remedy, he would be obliged to say he could not answer the question. Still, he offered it as a remedy for settling the terms of these judges, etc.
Mr. ZOLLARS could not think the Supreme Court would so decide, and he was not ready to vote for the bill.
Mr. DUNN was not directly interested in the passage of this bill above any other gentleman who is intrested in having the questions involved settled on the statute book.
Mr. DAVIS of Floyd-Has this bill been before the Judiciary Committee of the House?
Mr. DUNN. Yes; and they have recommended its passage.
Mr. ZOLLARS feared the passage of the bill would involve new difficulties.
Mr. WELBORN saw no objection to the passage of the bill at once. It could do no harm, and if the Supreme Court should decide the law creating these Courts unconstitutional, it would offer a statutory remedy. He thought it extremely doubtful whether these Criminal Courts are Constitutional Courts. If they were their Judges can hold but four years. He might say that this bill had been drawn in anticipation of the decision of the Supreme Court, and to avoid the consequences set forth by Mr. Dunn.
Mr. ZOLLARS submitted: if these prisoners have been illegally convicted, can you convict them by legislative action?
Mr. WELBORN. We may do the very best we can. This is the best remedy we have got. We will close the doors on them if we can. We will remedy the evil if it can be remedied.
Mr. ZOLLARS. Suppose the Supreme Court decides that these courts are not Circuit Courts, will this bill override the decision?
Mr. WELBORN. No.
Mr. STANTON (to Mr. Zollars.) Have you got a better remedy?
Mr. ZOLLARS. I have not.
Mr. STANTON. Then why not pass it? He then demanded the previous question and order its force, the bill was carried to the final passage in the House of Representatives-yeas 72, nays 7.
INFANTS IN THE COTTON MILLS.
Mr. SHOEMAKER (by leave) returned from the Committee on Manufactures Mr Williams, of Union's bill, [H. R. 283], to regulate the employment of persons under sixteen years of age in the cotton and woolen manufactories, and to provide fop the education of such persons, recommending its passage, and on his motion it was taken up and ordered to the second reading.
Mr. KERCHEVAL proposed to amend, by striking out the word "eleven" where it occurs in the bill, and inserting "ten" in lieu.
Mr. RUDDELL. That leaves the law where it now stands. This bill is for the purpose of encouraging this class of capitalists instead of discriminating against them. We have no law which prohibits them from working their hands more than ten hours a day. In Ohio and Illinois they may work eleven hours, and in Kentucly there is no limitation. Now, when capitalists compare our inducements with those of other States, are they going to stop here and invest their money while we are thus discriminating against them? One hour with the manufacturers amounts to one-tenth of their profits. There is but one factory in the State, he said, which regards this law; and in the years 1866, 1867, and 1868, this factoro paid $23,950 84 local tax, exclusive of Government revenue. This bill was t copied from the Rhode Island statute, and worked well.
Mr. STEWART, of Ohio, proposed to amend the amendment, by restricting the work to " eight" hours a day.
Mr. KERCHEVAL said he offered his amendment not so much in the interests of capitalists as in the interests of humanity. Both political parties had pledged themselves to the eight hour system; and this bill proposes to make these tender children work eleven hours a day.
Mr. McFADIN favored the amendment, and rehearsed how, in 1867 here, he lost confidence in a prominent Democratic friend, because he was in favor of working these tender children more than ten hours a day. He denounced the heartlessness of the proposition, and approved Dr. Franklin's division for eight hours for labor, etc.
page: 83[View Page 83]Mr. STEWART, of Ohio, had offered his amendment in good faith, and advocated it under a profound sense of humanity and its justice.
On motion of Mr. WILE, the further consideration of the bill was postponed, and it was made the special order for Thursday at 10 o'clock.
The House then adjourned.
