HOUSE OF REPRESENTATIVES
The House met at 9 o'clock A. M.
PETITIONS.
Mr. CORY presented a petition for the amendment of the Gravel Road laws.
Mr. DUNN presented a claim.
REPORTS FROM COMMITTEES.
Mr. PIERCE, of Vigo, from the Committee on the Judiciary, returned Mr. Williams, of Hamilton's bill (H. R. 222,) to authorize persons accused of crimes or misdemeanor to testify, recommending that it be indefinitely postponed.
Mr. DUNN, from the same Committee, returned the bill, (S. 95,) to amend section 303 of the Practice act, recommending its indefinite postponement.
Mr. COFFROTH, from the same Committee, returned Mr. McDonald s bill (H, R. 267,) to authorize the Auditor of State, to adopt an uniform system of book keeping; with a recommendation that it be indefinitely postponed. He also returned the bill to authorize the State to take a change of venue, etc., with the same recommendation.
He also returned the bill of the House No.--, defining who are competent witnesses in the courts, with the same recommendation.
These reports were severally concurred in.
Mr. SKIDMORE, from the Committee on Fees and Salaries, returned Mr. Bowen's bill, to so amend the law as to pay mileage (five cents a mile) to witnesses compelled to attend before grand juries, recommending that it be indefinitely postponed.
Mr. BOWEN said this is a bill to provide an allowance of five cents a mile (going and coming) to persons compelled to attend before grand juries. He thought it unjust that this service should be required without compensation. He was opposed to the report of the committee, and hoped the House would entertain the bill, for you can not have courts without witnesses.
After further debate by Mr. Monroe, in favor of the report; by Mr. Davidson, and others-
Mr. UNDERWOOD demanded the yeas and nays, which were taken and resulted-yeas 42, nays 31-as follows:
So the report was concurred in, and the bill was postponed accordingly.
YEAS-Messrs. Addison, Bates, Beeler, Bobo, Chittenden, Coffroth, Cotton, Cox, Dunn, Fuller, Gilham, Gordon, Greene, Hall, Higgins, Hyatt, Johnson of Montgomery, Johnston of Parke, Johnson of Marshall, Jump, Logan, Long, Mason, McFadin, Miles, Mitchell, Monroe, Osborn, Pierce of Vigo, Skidmore, Smith, Stanton, Stephenson, Stewart of of Ohio, Tebbs, Welborn- Wile, Wildman, Williams of St. Joseph, Wilson, Zollars, and Mr. Speaker-42.
page: 116[View Page 116]NAYS-Messrs. Baker, Barnet, Barritt, Beatty, Bowen, Breckinridge,Carnahan, Cory, Davidson, Dittemore, Fairchild, Field of Lagrange, Hamilton, Higbee, Lawler, McDonald, Miller, Overmyer, Ratliff, Ruddell, Sabin, Shoaff, Stewart of Rush, Taber, Underwood, Vardeman, Vater, Williams of Hamilton, Williams of Knox, Williams of Union, and Zenor-31.
OMISSION IN THE GENERAL BILL.
Mr. VATER, from the special committee on the mistake in the general appropriation bill [H. R. 309.] submitted a report, finding that the House amendment to the Senate amendment of the bill, appropriating $5,000 for boiler and engine room for the Northern Prison was not sent up in writing to the Clerk, and for that reason it was not engrossed.
Subsequently Mr. COFFROTH submitted the following order, which was adopted:
Resolved, That the Clerk is hereby directed to return to-the Senate, House bill No. 306, entitled an act making general appropriations, together with the House engrossed amendment to the Senate amendment, making an appropriation of five thousand dollars for building and engine and boiler house at the Northern State Prison ; and that he inform the Senate of the omission to transmit said amendment of the House, and ask the Senate to concur in the same.
CLAIMS.
Mr. SABIN, from the Committee on Claims, returned the claims of Dr. J. R. Tillman, Julius Boetticher,of the Volksblatt, and R. M. Smith, recommending that they be allowed and incoporated in the specific appropriation bill, which reports were concurred in.
He also returned the claims of James Buchanan for $185 50 for discount on exchange, and the claims af Julius Petty, for damages to his farm by the military, in 1862, 1863 and 1865, recommending that they be not allowed.
The reports were concurred in.
He also returned the claim of James R. Peelle, for $100 for attorneys' fees paid on the Beatty-Peelle contest; and the claim of Samuel Beatty for $161 expenses incurred by him in said contest, recommending that the same be allowed, &c.
After debate-these reports were laid on the table.
The SPEAKER laid before the House two communications from the Governor-the first transmitting a supplementary report of the Directors of the Northern Prison, embracing the report of Alf. Wood, Moral Instructor there-asking for an appropriation to replenish the library, &c.
They were laid on the table.
TAX LEINS ON REAL ESTATE.
Mr. Shoemaker's bill [H. R. 136] creating a lein on real estate sold for taxes, &c., was taken up and read the third time.
Mr. WELBORN explained that the only change in the law proposed by this bill was that when the sale of land for taxes is made and it is irregular, if you buy the land you still hold the lein on the land, unless the party has paid the taxes previous to the sale. No irregularity shall deprive the purchaser of his money and the 50 per cent under the existing law.
Mr. WILDMAN said, as the law now stands, it is almost impossible to make a tax title stand.
The bill failed - yeas 44, nays 24 - for want of a Constitutional majority.
Mr. Kercheval's bill [H. R. 67] regulating certain feess and allowances to Sheriffs and county Clerks - (shall not exceed $100 a year in the aggregate) was taken up and laid on the table as matter superceded by the passage of another bill.
TERM IN STATE'S PRISONS.
Mr. Hutson's bill [H.R. 198] to amend the 19th section of the felony act of June 10, 1852, was read the third time.
Mr. WELBORN said he thought the bill a very good one. As the law now stands the jury could not send a person convicted of grand larceny to the State's prison for less than two years. By this bill it was proposed that they might send for one year. It would relieve both court and jury from frequent embarrassments; and, he would mention, that such legislation, he believed, was recommended by the Governor.
The bill was finally passed the House of Representatives - yeas 72, nays 0.
TAX TITLE - LIMITATION.
Mr. Shoemaker's bill [H. R. 152] to limit the time for commencing action for the recovery of land sold for taxes, was read the third time.
Mr. COFFROTH. The only change was as to the limitation. Under the present law the action may be commenced any time within twenty years, unless the party is under disabilities.
The bill failed - yeas 38, nays 35 - for want of a Constitutional majority of fifty-one members.
GIRLS AND WOMEN - REFORMATORY.
Mr. Stewart, of Rush's, bill [H. R. 176] to provide for the establishment of a Reformatory Institution for Girls and Women, was read the third time.
It proposes the establishment of said Institution within five miles of Indianapolis - to be under the management of three persons to be appointed by the Governor and Senate - the Governor to receive a donation of land for the purpose - the Institution to be divided into two departments - the one reformatory, the other penal - both to be under the management of the same officers, who shall be females - and it appropriates $50,000 for the purpose.
page: 117[View Page 117]Mr. STEWART, of Rush, said this long bill is a very important one. He merely wished to say that the best minds in the State, in the different professions of life, have been consulted, and have had a hand in drawing this bill; aad he hoped that the character of the attention it has received would commend it favorably to the attention of the House.
Mr. McFADIN. After what particular model was it drawn?
Mr. STEWART. It has been drawn after no model particularily; but, as he had stated, men of the different professions have been consulted, and we have tried to make of it a model institution of our own; and we hope it will be better than any other.
Mr. COFFROTH. What would be the probable cost of the institution?
Mr. STEWART. The amount it proposes to appropriate is $50,000, till the next meeting of the Legislature; and we hope that it will be sufficient to complete the institution.
Mr. COFFROTH indulged the hope that the bill will not pass. It proposes to appropriate $50,000, and the hope is expressed that will be sufficient to construct the building. Just as it was at the time of the first appropriation for the Northern Prison; and now ten or twelve year afterwards, we are still asked to make further appropriations for the construction of that building. He opposed the bill at some length - alleging that the fact that there are but sixteen women now confined in the prisons of the State, did not warrant the construction of another prison.
Mr. WELBORN spoke at length in favor of the bill and in reply to Mr. Coffroth.
Mr. BOWEN also was heard in favor of the passage of the bill.
Mr. JOHNSON, of Parke, submitted opposing considerations.
Mr. STANTON spoke for the passage of the bill - replying specially to the objections taken by Mr. McFadin - showing at length the benevolence of the proposition, and refering to the fact that benevolent individuals of the State are proposing to assume the management of the institution without any present charge for their services.
Mr. COFFROTH demanded the previous question, which was sustained, and under its force the final vote on the bill was taken and resulted - yeas 32, nays 41 - as follows:
YEAS - Mesrrs. Baker, Beeler, Bowen, Breckinridge, Carnahan, Chittenden, Cory, Fairchild, Field of Lagrange, Gilham, Green, Hall, Higgins, Jump, Mason, Odell, Osborn, Overmyer, Pierce of Porter, Ratliff, Ruddell, Sabin, Stanton, Stewart of Rush, Taber, Underwood, Vardman, Vater, Welborn, Williams, of Hamilton, Williams, of St. Joseph, Williams, of Union. - 32.
NAYS - Messrs. Addison, Admire, Bates, Beatty, Bobo, Britton, Coffroth, Cotton, Cox, Cunningham, Davidson, Dittemore, Dunn, Fuller, Hamilton, Higbee, Hutchings, Hyatt, Johnson, of Montgomery, Johnson, of Parke, Johnson of Marshall, Lawler, Logan, Long McDonald, McFadin, Miller, Miles, Montgomery, Palmer, Shoaff, Skidmore, Smith, Stephenson, Stewart, of Ohio, Tebbs, Wile, Williams, of Knox, Wilson, Zenor, Zollars and Mr. Speaker. - 41.
Mr. RUDDELL, explaining. He believed that there is an absolute necessity for such institution; that it was evinced by the outrages and inhumanities committed in the Prison South. He would vote aye, if the bill proposed an appropriation of three times the amount it contained.
So the bill was rejected.
Mr. COFFROTH moved to reconsider the vote, and to lay that motion on the table.
Pending which -
On motion of Mr. RUDDELL, the House took a recess till 2 o'clock P.M.
AFTERNOON SESSION.
On motion of Mr. WELBORN, the Senate amendment to his bill [H. R. 90] creating the Twenty-fifth Judicial Circuit, (establishing a Criminal Court for the county of Vanderburgh,) proposing to include a provision for a Criminal Court for Jefferson county, and amending the title so as to read Twenty-eighth and Twenty-ninth Circuits, was taken up.
Mr. JOHNSON, of Marshall, opposed the amendment and the bill, on the score of the expensiveness of the multiplication of these courts. He desired that the proposition should go to the Committee on the Organization of Courts.
Mr. OVERMYER proposed to amend the Senate's amendment by requirement the Prosecuting Attorney of the Civil Court for Jefferson county the serve as Prosecuting Attorney for the Criminal Court for aid county; which was adopted.
And then the Senate's amendment was non-concurred in - yeas 36, nays 37.
Ordered that the Clerk inform the Senate.
On motion of Mr. RUDDELL, the Senate amendments to his bill [H. R. 72], defining what counties shall constitute the Fifth Judicial Circuit, and fixing the time of holding court therein, were taken up and concurred in. [This bill respects what is called the Marion Circuit.]
JUSTICES' JURISDICTION.
Mr. Williams' (of Knox) bill [H. R. 31] to amend the 9th section of the Justices' act, now amended so as to authorize suits to be brought in townships where the debt is contracted, to the amount of $25, was taken up as the special order - the pending question being on Mr. Odell's amendment to strike out "25," and insert "50" in lieu.
page: 118[View Page 118]Mr. WILLIAMS, of Knox, moved that (he subject be indefinitely postponed.
On motion of Mr. OSBORN, Mr. Williams' motion was laid on the table-yeas 13, nays 37-and the question recurred on Mr. Odell s amendment.
Mr. STEWART, of Rush, moved ineffectually to lay Mr. Odell's amendment on the table-yeas 32, nays 43; and the question recurred again on Mr. Odell's amendment, which was adopted without a division; and the question recurred on the amendment oi the committee as amended.
Mr. WILLIAMS, of Knox, spoke against the bill, as now amended, as a proposition that must work great hardships-as legislation to favor the few at the expense of the many. It was asked for by no petition; and he hoped vet that it would be rejected.
Mr. RATLIFF concurred with Mr. Williams, as a proposition to change a law that has so long worked well. It would work oppressively against the poorer classes.
Mr. VATER considered, on the contrary, that it would work for the advantage of the poor man, by procuring for him, perchance, a denial of credit. Then he argued, that the bill was a proposition to compel the fulfillment of contracts in these cases of credits for small amounts.
And then, under the force of the previous question, the reported amendment as amended, was rejected-yeas 33, nays 42, as follows:
YEAS-Messrs. Barrett, Beatty, Beeler, Bowen, Chittenden, Coffroth, Davis of Floyd, Dunn, Fairchild, Field, of Lagrange, Hamilton, Higbee, Higgins, Johnson, of Marshall, Long, Miles, Mitchell, Osborn, Palmer, Pierce, of Porter, Pierce, of Vigo, Ruddell, Sabin, Stephenson, Stewart, of Ohio, Taber, Underwood, Vater, Williams, of Hamilton, Williams, of Union, Wilson, Zollars, Mr. Speaker-33.
NAYS-Addison, Admire, Baker, Barnett, Bates, Bobo, Britton, Breckinridge, Carnahan, Gory, Cotton, Cox, Davidson, Field, of Lake, Fuller, Greene, Hall, Hyatt, Johnson, of Montgomery, Jump, Lawler, Logan, Mason, McBride, McDonald, Miller, Montgomery, Odell, Overmeyer, Ratliff, Shoaff, Skidmore, Sleeth, Smith, Stewart, of Rush, Sunman, Tebbs Vardeman, Wile, Williams, of Knox, Williams, of St. Joseph, Zenor-42.
Mr. WILLIAMS, of Knox, then desired to move indefinite postponement; but the motion was ruled out, because it had been just passed upon.
On motion of Mr. COTTON the bill was then laid upon the table, by yeas, 43, nays 32.
THE STATE PRISONS.
Mr. RUDDELL (by a dispensation) introduced a bill [H. R. 387] to provide for the government and discipline of the State prisons, and for the oversight of the county jails, and to repeal all laws in conflict therewith.
It proposes to place the State prisons and county jails under the supervision of a Board of Managers, to be appointed by the Governor, of whom the Governor, the Chief Justice of the Supreme Court, and the United States District Judge for the District of the State of Indiana, are to members ex-officio, etc.
It was read and referred to the Committee on State Prisons.
DIVORCE LAWS.
On the motion of Mr. OSBORN the bill [S. 316] for amendment of the divorce laws was taken up and read-the bill [S. 317] to prevent divorce frauds, was taken up read; and they were both referred to Committee on the Judiciary.
COUNTY SEATS-RE-LOCATION.
On motion of Mr. RATLIFF, Mr. Bobo's bill [H. R. 325] to provide for the relocation of county seats and the erection public buildings, in case of such relocation etc. [when two-thirds of the tax payers shall petition-procure the conveyance of 2 acres for the Court House, one-fourth of an acre for the jail, and deposit $100 to pay architect, etc.,] was taken up-yeas nays 36and it was read the second time and ordered to the engrossment.
THE CALENDAR.
Mr. Odell's married woman bill [H. 208]; Mr. Cory's county R. R. bill latter being amended by the committee porting thereon so so as to provide that i more than $10,000 shall be appropriated any one railroad, were ordered to the engrossment.
Mr. Ruddell's bill [H. R. 157] to regulate the publication of legal advertisements was taken up and failed on the motion i an order to engross.
The House of Refuge appropriation bill [H. R. 261] was laid on the table, as the matter was superceded by an item in the general appropriation bill.
The Supervisors' Election bill (makin the election at the general biennial election) was taken up and read the second time.
Mr. ODELL proposed to amend by making the compensation $1.50, instead of $1 which was adopted.
Mr. BOBO proposed to add a penalty five dollars for voting for a Supervisor out of the voter's road district.
Mr. STEWART, of Rush, moved ineffectually to lay this amendment on the table.
The amendment was then adopted.
Mr. WILLIAMS, of Knox, proposed recommit the bill, with instructions amend by requiring the supervisors to appointed by the township trustees.
Mr. Higgins and Mr. Davidson opposed and Mr. Ruddell supported the proposition and then it was rejected.
The bill was then ordered to be engrossed.
page: 119[View Page 119]Mr. Fairchild's Fish bill [H. R. 259], prohibiting seining and trapping two years, &c., was taken up.
On motion of Mr. BARRETT, it was indefinitely postponed.
Mr. Mitchell's bill [H. R. 159], to amend section ten of the act to authorize and limit allowances of courts and boards for drafts on County Treasurers, with the committee's amendment thereto, was taken up and read.
Mr. STEPHENSON explained that it was a provision to avoid the expense of two suits for the same claim.
It was ordered to be engrossed.
Mr. Coffroth's bill [H. R. 33], for relief of the widow and heirs of John P. Dunn, deceased, was taken up.
Mr. VATER explained the justice of the bill.
Mr. OSBORN moved that the bill be refered to a special committee of three, to inquire and report on the facts.
Mr. Welborn's bill, [H. R. 246,] to authorize Railroads to issue bonds and sell them to cities and towns, and authorizing cities and towns to issue bonds and purchase such railroad bonds, etc., was taken op and laid on the table, because the author is not in his place.
Mr. Neff's bill, [268,] for the preservation of Indiana battle flags, military trophies, and relics, was ordered to the engrossment.
Mr. Palmer's bill [H. R. 258] to amend section 20 of the Supervisor's act of March 5, 1859, was taken up, read the second time and laid on the table.
Mr. Dunn's bill [H. R. 125] to amend the 45th section of the road laws, approved March 5, 1867, with the pending amendment in regard to notice-striking out: serving copy, and inserting, by posting written notices along the road for twenty days, etc.
Mr. DUNN explained; and the amendment was concurred in, and the bill was ordered to be engrossed.
Mr. Stewart of Rush's, drainage bill [H. R. 216] was ordered to the engrossment.
Mr. Breckenridge's bill [H. R. 145] to amend sections 1, 6 and 9 of the charter ofa Lafayette Insurance Company was taken up.
Mr. Breckenridge rehearsed the proposed amendment to the said charter-to give Perpetual succession-to increase the capital stock, and to compel them to pay, &c
It was ordered to the engrossment.
Mr. Mason's 18th Judicial Circuit Court bill [H. R. 28] (adding the county of Green to the old circuit) was taken up, with a Committee substitute so as to include but the counties of Green, Sullivan and Vigo.
On motion of Mr. MASON, it was laid on the table, as superceeded by another bill.
The House then took a recess till 7 o'clock P. M.
EVENING SESSION.
The House took up the special order, to-wit: the consideration of Mr. Dunn'a bill [H. R. 347] to establish an Indiana Agricultural College in connection with the State University, &c., with the report of the Special Committee thereon, proposing an amendment merely clerical, by inserting these words, "and the act of Congress in relation to said Agricultural College" the question being on the adoption of said amendment.
Mr. OSBORN proposed further to amend the bill by striking out the words "Bloomington, Monroe County," and "State University," wherever they occur.
Speeches were made by Mr. Osborn and Mr. Buskirk. When the latter had concluded-
Mr. VATER took the floor, but gave way for a motion to adjourn.
And, accordingly, the House adjourned.
