HOUSE OF REPRESENTATIVES.
Leaves of absence for the day, were obtained for Mr. McGregor, Mr. Tabor and Mr. Williams, of Hamilton
The SPEAKER laid before the House a communication from the Governor, responding to the resolution of the House, calling for a report of pardons and reprieves executed by him. His Excellency refers to a former report, for information, of December 31, 1868, and promises further information.
BILLS FOR ACTS
Were introduced, read and referred, as follows:
Mr. COX-[H. R. 342] defining the Eleventh Judicial Circuit, and fixing the times of holding courts therein.
Mr. CUNNINGHAM-[H. R. 343] to amend section one of the act of March 9, 1867, for the protection of fish, etc.
Mr. DAVIDSON-[H. R. 344] to amend the act of May 31, 1852, to provide for the election and prescribing certain duties of Recorders.
Mr. DAVIS, of Elkhart-[H. R. 345] for page: 94[View Page 94] the protection of resident debtors, nonresident creditors, garnishees, etc.
Mr. DITTEMORE-[H. R. 346] repealing section two of the "Provoke Law" of December 2, 1865.
Mr. DUNN-[H. H. 347] to establish an Indiana Agricultural College in connection with the State University, and providing for its organization and government.
Mr. FAIRCHILD-[H. R, 348] to create an Insurance Department, providing for a Superintendent, etc., authorizing the Auditor of State to discharge the duties of such Superintendent till 1871, etc. [Superintendent to be appointed by the Governor salary $,4000, fees for filing charter $50; for filing annual statement $50; other fees from $5 to $1paid into the State Treasury.]
Mr. FIELD, of Lake-[H. R. 349] to amend the act fixing the times of holding the Circuit Court in the Ninth Circuit. [Gives an additional week in Lake county.]
Mr. FIELD, of Lagrange-[H. R. 350] to amend the 3d section of the game law.
Mr. DULLER-[H. R. 351] to amend section 3 of the act fixing the time of holding courts of Common Pleas in the State, etc. [Affecting only the Spencer Common Pleas District.]
Mr. FURNAS-[H. R, 352] providing for libraries in the penitentiaries and the Indiana State Reform School. [Appropriating $2,500 for the purpose.]
Mr. GORDON-[H. R. 353] to fix the compensation of county officers, their duty and deputies, providing how they shall receive the same, what they shall do with the fees and the distribution thereof. [1,500 each for the Clerk, Auditor and Treasurer clerk hire $600, proportioned to the population of the county, etc., fees for the benefit of the Common School Fund.]
Mr. GREEN-[H. R. 354] regulating the allowances to county officers, allowances made by County Commissioners, etc,
Mr. HALL-[H. R. 355] supplemental to an act for the protection of side walks.
Mr. HIGGINS-[H. R. 356] to enable occupants of lands reclaimed and riot surveyed by the United States to hold and use the same.
Mr. JOHNSON, of Porter-[H. R. 357] to empower County Commissioners to authorize Township Trustees to levy a tax for the purpose of repairing bridges.
Mr. JOHNSON, of Marshall-[H. R. 358] in relation to City Judges. [Such Judge to give the bond of a Mayor, perform his judicial duties, with the power of a Justice of the Peace,] etc.
Mr. JUMP-[H. R. 359] to provide for the protection of fish-preventing the trapping and seining of the same.
Mr. LAMBORN-[H. R. 360] to repeal all laws in existence in the State in relation to divorce.
Mr. MASON[H. R. 361] to enable rail road companies which have formed articles of association naming the counties through which they are to pass, to perfect their organizations.
Mr. McBRIDE submitted a resolution f0r supply to each member of one copy of the Daily Evening Mirror.
Mr. PIERCE, of Porter, proposed to add the Evening Commercial.
Mr. FURNAS moved ineffectually to lay the proposition and amendment on the table-yeas 42, nays 43.
Mr. COFFROTH proposed to amend the amendment by adding: Also six copies of the Weekly Volksblat, to be wrapped and stamped.
Mr. PIERCE, of Porter, moved ineffectually to lay Mr. Coffroth's amendment on the table-yeas 41, nays 45.
And then, under pressure of the previous question-
Mr. Coffroth's amendment was adopted-yeas 46, nays 44.
Mr. HAMILTON moved indefinite postponement.
The SPEAKER (Mr. Gordon in the Chair) ruled that these motions can not be entertained under the pressure of the previous question. And the question recurred on the adoption of the resolution as amended, including now one copy, for each member of the Evening Mirror, one copy of the Evening Commercial, and six copies of the Volksblatt.
Mr. HAMILTON demanded the yeas and nays, and the resolution was rejected-yeas 33, nays 56.
On motion of Mr. CARNAHAN, tho special committee to examine Dr. D. D. Owen's mineral cabinet (Wildman, Furnas, Welborn and Carnahan), were excused from attendance in the Hall till Wednesday.
Mr. McDONALD-[H. R. 362] to provide fund for the support of societies organized for the suppression of crime and the arrest and punishment of offenders against the criminal laws.
Mr. McGREGOR-[H. R. 363] fixing the time for granting divorces prescribing penalty, etc.
Mr. MILES-[H.R. 364] defining the duties of prosecuting attorneys in the Criminal Courts of the State of Indiana.
Mr. MITCHELL-[H. R. 365] to provide for the protection offish, defining the time in which fish may be trapped or seined, &c., and repealing, etc.
Mr. MONROE submitted a petition signed by 275 citizens, with reference to Morgan raid claims.
Mr. MONTGOMERY-[H. R. 366] to repeal the fish law.
Mr. NEFF-[H. R. 367] to amend sec page: 95[View Page 95]tion one of the Practice act. [It proposes to provide, that in actions for damages by assault and battery committed against the wife, the wife may be a competent witness, &c.]
RAILROAD ASSESSMENTS.
The SPEAKER laid before the House a communication from the Governor transmitting a letter from the Auditor of State State in relation to the appraisement for taxations of railroad property - submitting the form and recommending the passage of a bill for correction of the evils complained of, by so amending the law that the lines of railroads shall be separately appraised.
The communication was referred to the Committee on Ways and Means.
Mr. NEFF (by consent) introduced the proposition just communicated by the Governor, entitled a bill [H. R. 368] supplemental to the act passed December, 1865, for the valuation and assessment for taxation of all railroad property in this State, etc., amending sections five and eight of said act, which was referred to the same Committee.
EXECUTIVE PARDONS.
The SPEAKER laid before the House a farther communication from the Governor, reporting his pardons and reprieves from December 31, 1868, to April 1, 1869, which was read.
Mr. WELBORN suggested that it be laid on the table.
Mr. McFADIN moved that it be printed. It was information that ought to go to the people.
Mr. PIERCE, of Vigo, thought the House would be astonished when looking over this report and seeing the number of pardons that have been granted in the last few years. He found here (from the report in his hand) that since the first of January - from the first of January to the first of April, 1869, there have been thirty-five pardons granted by the Governor. He would prefer to let this matter rest without action for the present.
Mr. WELBORN'S motion prevailed, and it was laid on the table.
Mr. HAMILTON submitted the following:
Resolved, by the House of Representatives, (the Senate concurring), That the two Houses will meet in Joint Convention to-morrow, Friday, April 23, 1869, at 12 o'clock M., for the purpose of electing one Director for the Southern Prison.
It was adopted.
On motion of Mr. WELBORN, the special order for this morning was postponed till 2 o'clock P.M.
Mr. OSBORN - [H. R. 369] to abolish the office of Township Assessor, and to provide that the Township Trustee shall perform the duties heretofore performed by the Assessor.
Mr. OVERMYER - [H. R. 370] to amend section 103 of the act to provide for a general system of common schools, etc.
Mr. PIERCE, of Porter -[H. R. 371] to amend the act of June 17th, 1852, to provide for opening and vacating highways, etc.
Mr. PIERCE of Vigo - [H. R. 372], defining and making a criminal offense extortion or attempt at extortion; and providing punishment thereof-[a fine not exceeding $500].
Mr. RATLIFF - [H. R. 373], providing for the vacation of highways or street, or portions of the same, and also for the reopening of the same.
Mr. RUDDELL - [H. R. 374], to amend sections 44, 46, 51 and 53 of the Common School law.
Mr. SMITH - [H. R. 375], to amend section 29 of the act providing for the election and qualifications of Justices of the Peace and defining their jurisdiction, powers and duties in civil cases. [In respect to the change of venue].
Mr. STEPHENSON - [H. R. 376], to incorporate Life Insurance Companies, and make certain provisions in regard to contracts for Life Insurance with the agents of Life Insurance Companies in this State.
Mr. STANTON - [H. B. 377] defining the duties of school examiners and school trustees, and providing for the examination of teachers, etc.
Mr. RUDDELL presented the claim of Chas. C. Campbell.
Mr. WELBORN - [H. B. 379] relative to the estates of minor heirs.
Mr. TABOR - [H. B. 380] to amend section 27 of the common school law.
Pending the reading of this bill the House took a recess till 2 o'clock.
AFTERNOON SESSION.
On motion of Mr. Underwood (the constitutional restriction having been removed for the purpose,) his bill [H. R. 321] to amend the act authorizing cities and towns to erect and repair school houses, so that they may purchase school houses as well, was taken up on the second reading thereef; and it was ordered to engrossment.
On his further motion, the bill was considered as engrossed, ordered to the third reading, read the third time and passed - yeas 73, nays 3.
CRIMINAL COURTS FOR FLOYD AND CLARK.
Mr. OVERMYER (by consent), from the Committee on Organization of Courts, re- page: 96[View Page 96] turned the bill [S. 110] creating the Twenty-fifth Judicial Circuit, etc., [authorizing Criminal Courts for the county of Floyd and the countyof Clark;] with amendments, making it the "Twenty-sixth" instead of the "Twenty-fifth" Circuit, etc.
Mr. STEWART, of Clark, said we have but yesterday passed a bill creating the Twenty-sixth Circuit, composed of the counties of Union, Franklin, Dearborn and Ohio.
On motion of Mr. DAVIS, of Floyd, the amendment as to the number of the circuit was changed to the "27th." So the amendments reported by the committee were adopted.
On the further motion of Mr. DAVIS, (the constitutional restriction having been removed for the purpose), the bill as amended, was ordered to the engrossment, considered as engrossed, read the third time and passed the House of Representatives-yeas 78, nays 7, with a corresponding amendment of title.
BILLS FOR ACTS.
Mr. VARDEMAN-[H. R. 381] to amend the act of February 7th, 1867, to prevent the breaking of a quorum in the General Assembly [by including "resigning' in its provisions and penalties.]
Mr. NEFF moved that its consideration be postponed till the llth of May. [Laughter.] It was so ordered.
Mr. VATER-[H. R. 382] to amend section 8 of the general city corporation act.
Mr. WELBORN introduced a joint resolution [R. R. 14] for Congressional instructions for a Southern District Court of the United States for the State of Indiana, to be located at Evansville.
Mr. WILLIAMS, of Hamilton-[H. R. 383] authorizing the sheriffs to pay over any moneys collected by them on execution into the hands of the county clerk-the clerk's receipt to release the sheriff from liability-the clerk to be liable for money so received.
Mr. WILLIAMS, of Knox-[H. R. 384] concerning the school lands, saline, university and other lands belonging to the trust funds of the State of Indiana, and legalizing all deeds transferring such lands.
Mr. WILLIAMS of Union introduced a joint resolution, No. .15, directory to the State Printer (to print and distribute 15,000 copies of all the laws pertaining to decadants estates and guardians.)
Mr. ZENOR[H. R. 385] to repeal the act to prevent the breaking of a quorum in the General Assembly, and prescribing punishment therefore, approved February 7, 1867.
On the motion of Mr. PIERCE of Vigo, this bill was made a special order for the 10th day of May. [Laughter.]
Mr. ZOLLARS-[H. R. 386] defining certain felonies, and prescribing punishment therefor. [If any person steal property in another State, and bring it into this State such person may be proceeded against, etc.]
Mr. WILDMAN and Mr. ZOLLARs presented claims, winch were referred without reading.
INFANTS IN COTTON MILLS.
Mr. WILLIAMS of Union's, bill [H.B. 285] was taken up, it being the special order for this day, proposing to allow infants to be worked eleven hours a day in the cotton and woolen factories of the State-the question being on Mr. Stewart of Ohio & amendment to make it eight hours a day.
Mr. KERCHEVAL took the floor in opposition to the bill, stating that he believed it was introduced here in the interest of a single cotton factory located in his section of the State. It had been said that this bill was copied from the Rhode Island statute. He believed that Rhode Island was alone among all the States in legalizing the employment of infants more than ten hours a day, unless they are over eighteen years of age. In some States it was an offense for parents to consent to such inhuman working of their children. He spoke here in the interests of humanity; and held that, herein the Legislature should stand as guardian of the children of the State.
Mr. WILE also spoke against the bill, because it discriminates between the woollen and cottton manufacturing interests, and other manufacturing interests; and as to the other provision, changing the time of employment from ten to eleven hours, he was utterly opposed to it. With regard to the provision requiring that infants shall not be employed more than nine months in the year, he insisted that it will fall short of attaining the end desired.
Mr. McFADIN replied to Mr. Wile; and rehearsed additional considerations against the bill. He read an extract from a report by a committee of the Legislature of Massachusetts, setting forth the hardness of the servitude of children in the numerous factories of that State. He alleged that there was no provision in this bill which required any parties to send their factory children to school during their proposed three months exemption from employment in the factories. He closed with an earnest appeal for the rejection of the bill.
Mr. BRECKINRIDGE, believing that labor should be allowed to regulate itself without regard to legislation, moved that the bill be indefinitely postponed.
The motion was rejected-yeas 38, nays 43.
Mr. STEWART, of Rush, regarded the page: 97[View Page 97] question gravely, in figures, showing that the hours, which the bill provides for labor for these persons in the year are not so many as the number of hours that they are worked under the existing law by 546 hours. Therefore, he concluded that the bill might be regarded as so much more favorable to the physical and intellectual development of the youths to be affected by it.
Mr. RUDDELL conceded conscientious action on the part of the opposers of the bill. As for himself, he did not propose to legislate in the interests of any class. He would legislate in the interests of the State. He would not legislate for class or sect, but for all. The Constitution prohibits class legislation, yet the legislation of the State has discriminated against the manufacturers contemplated in this bill. And he showed the blighting effect of such legislation. On the general prosperity of the State. Having an inland State, we ought to look to those interests which we may most readily and certainly develope. He would cast his vote for the encouragement, the developement and protection of the manufacturing interests of the State.
Mr. STEWART, of Ohio, replied to the speech of Mr. Stewart, of Rush, showing that the bill does not provide that those employed children shall be sent to school.
Mr. STEWART, of Rush, read from the bill the clause which forbids the employment of such children as have not been sent three months to school within the last nine months.
Mr. STEWART, of Ohio. That would only keep certain children out of employment-children who do not go to school. He also replied to Mr. Ruddell. He then showed that the argument for the bill can not stand. He would not weigh the interests of manufacturers or any material interest against the interests of humanity, and he showed how the latter better deserves the protection of law. He defended his amendment to reduce the term of labor to eight hours a day. When he had concluded-
Mr. GREENE demanded the previous question, and under it pressure-
Mr. Stewart of Ohio s amendment was rejected, yeas 34, nays 50, and the question then recurred on the adoption of Mr. Kercheval s amendment, striking out "eleven" and inserting "ten" in lieu, the vote resulting - yeas 63, nays 23-as follows:
Yeas-Messrs. Addison, Baker, Barnett, Bates, Beeler, Britton, Breckinridge, Calvert, Cotton, cox, Davidson, Davis of Elkhart, Dunn, Fairchild, Field of Lake, Field of Lagrange, Gilham, Gordon, Greene, Hall, Hamilton, Higbee, Higgins, Hutchings, Hutson, Hyatt, Johnston of Parke, Johnson of Marshall, Jump, Kercheval, Lamborn, Logan, Long, Mason, McFadin,Millekan, Miller, Miles, Miner, Mitchell, Monroe, Montgomery, Neff, Odell, Overmyer, Palmer, Pierce of Porter, Pierce of Vigo, Ratliff, Sabin, Shoaff, Sleeth, Smith, Stanton, Stewart of Ohio, Sunman, Taber, Tebbs, Underwood, Wile, Williams of Hamilton. Williams of St. Joseph and Wilson-63.
Nays-Messrs. Admire, Carnahan, Cave, Coffroth, Gory, Cunningham, Davis of Floyd, Dittemore, Fuller, Johnson of Montgomery, Lawler, Osborn, Ruddell, Shoemaker, Stephenson, Stewart of Rush, Vater, Welborn, Williams of Knox, Williams of Union, Zenor, Zollars and Mr. Speaker-23.
So the amendment was adopted.
Mr. WILE proposed to amend the bill by inserting appropriately: "and in every other shop, factory or place where such minors are employed," and inserting a clause repealing laws conflicting, etc.
On the motion of Mr. RUDDELL, the subject was now indefinitely postponed.
SHERIFFS' MILEAGE.
On motion of Mr. FULLER, his bill H. B. 53] relative to sheriffs' mileage carrying convicts to the State prisons, was taken up, with the committee amendment proposing mileage for conveying female convicts by the usually traveled route.
Mr. PIERCE of Porter, moved to amend, so as to make the distance for the travel of the Porter county Sheriff' from Valparaiso to the Michigan City Prison "forty miles," instead of "22."
The amendment was agreed to.
Mr. VATER proposed to amend by giving the Marion county Sheriff 154 miles, which was also adopted.
Mr. COFFROTH proposed 145 miles for that part of the bill which relates to Huntington county; which was also adopted.
Mr. DITTEMORE proposed 127 miles for Owen county, which was also adopted.
Mr. GORDON proposed 142 miles for Boone coounty, which was adopted.
Mr. FIELD, of Lake, proposed 65 miles for Lake county, which was adopted.
Mr. COTTON proposed 103 miles for Whitley county, which was adopted.
Mr. McFADIN proposed 85 miles for Cass county, which was agreed to.
Mr. ODELL proposed 100 miles for the county of Shelby, which was agreed to.
Mr. LAMBORN praposed 105 miles for Benton county, which was adopted.
Mr. OVERMYER proposed 75 miles for Jennings caunty, which was adopted.
Mr. SMITH proposed 111 miles for Wabash county, which was adopted.
Mr. CUNNINGHAM proposed 140 miles for Fountain county, which was adopted.
Mr. MILES proposed 197 miles for Sullivan county, which was adopted.
Mr. NEFF proposed 144 1/2 miles for Putnam county, which was rejected.
Mr. WILLSON moved to lay the bill on the table, which he withdrew to avoid the demand for the yeas and nays.
page: 98[View Page 98]Mr. McFADIN proposed eighty miles for Cass county, which was adopted.
Mr. PEIRCE showed that there is necessity for the bill to pass, to prevent unlawful charges for Sheriffs' mileage.
And then under pressure of the previous questions, the bill was ordered to the engrossment, considered as engrossed, and passed the final reading-yeas 76, nays 1.
The House then adjourned.
