HOUSE OF REPRESENTATIVES.
Mr. FULLER moved ineffectually to suspend the orders and take up the Agricultural College bill, [H. R. 347,] and the report of the special committee thereon; yeas 29, nays 39.
NICHOLAS MOREBACK.
The SPEAKER laid before the House a message from the Governor vetoing the bill, [H. R. 139,] reported from the Committee on Rights and Privileges on the 13th of February, 1869, entitled, an act for the relief of Nicholas Moreback, Joseph E. Lang, and Francis Joseph Wetzler, (of Jackson township, Ripley county, to save said Moreback, and said Lang and Wetzler, his securities, from a judgment for township school money stolen from Trustee Moreback's custody.) -the question being: will the House pass the bill, the veto to the contrary, notwithstanding?
page: 123[View Page 123]Mr. WILLSON said the ground of the veto was that the General Assembly can not release this judgment. He was not satisfied with the reasonings of His Excellency. There were precedents of legislation of this kind all over the country. There was no authority in the bond of the Trustee, except that conferred by the legislature. Whence then, but in the Legislature, is the power to revoke and release this judgement? He opposed the opinion of eminent lawyers to that of the Governor, and defended the General Assembly from His Excellency's imputation that the passage of this bill was an act of inconsiderate and hasty legislation.
Mr. COFFROTH did not discuss the question, but submitted the opinion that the Governor in the veto is clearly wrong. He hoped the bill would pass, notwithstanding the veto. He recited the facts on which the bill is founded. It was an act of simple justice and humanity toward Moreback.
Mr. OSBORN answered the plea that this bill was made a matter of petition from Jackson township, by showing how readily such petitions are gotten up. The Judiciary Committee, he said, passed upon the propriety and justice of the bill more than upon the question of the power to pass it. He opposed the bill because it would set a bad precedent which would bring up here hundreds of claims as meritorious as this. The application for this bill here was not for legitimate legislation, but to render a decree to set aside a judgment.
Mr. COFFROTH. The State is guardian of the people, and the township but the agent of the State.
Mr. OSBORN. The people were the State, the General Assembly but representatives of the people-the State. He discussed the question at length. He insisted that the Governor's suggestions were good, and hoped they would receive due consideration.
Mr. PIERCE, of Vigo, confessed that the case of Moreback was of a class that always awakened his sympathies. Moreback was a faithful custodian, and the loss of the money was by burglars; and the question was, whether the State will sweep away this man's home for no wrong of his own? He replied to the plea, that there is a judgment of the Court in the case, and to the reasoning in the veto. No man questioned the right of the Governor to exercise the Pardoning power.
Mr. OSBORN. That power was conferred by the Constitution.
Mr. PIERCE. But the people made the Constitution. He continued, insisting that bill is right, appealing to every man's sense of justice. This same principle of Justice, equity and law obtaining also between individuals, where loss is sustained without the fault of the agent. If this man was guilty of no wrong, it was the duty of the Legislature to say to him: You shall pay no damages, etc.
Mr. DAVIDSON replied to Mr. Willson and Mr. Coffroth, and proceeded to look at the question from the stand point of law. If officers were not to account for their custodianship, where was the necessity for official bonds? Let the people of Jackson township put their hands into their own pockets and relieve this man, instead of asking the Legislature to relieve him by setting a precedent that would be ruinous to the State. The House should not open a door for successful rascality in office. He recited three cases of robbery of public money in the hands of county officers, Treasurers and Trustees in his region, equally as meritorious as this, who sought no relief in this direction.
Mr. WILDMAN demand the previous question, and under its force, the vote on the question resulted-yeas 36, nays 47-as follows:
YEAS-Messrs. Barnett, Barritt, Bobo, Bowen. Carnahan, Chittenden, Coffroth, Cory, Dittemore, Fairchild. Hamilton, Hyatt, Johnson, of Parke, Lawler, Lanborn, McBride, McDonanld. McFadin, McGregor, Miles, Mitchell, Neff, Odell, Palmer, Pierce of Porter, Pierce of Vigo, Shoaff, Sleeth, Stewart of Ohio, Sunman, Tebbs, Underwood, Wile, Wilson, Zollars and Mr. Speaker-36.
NAYS-Messrs. Addison, Admire, Baker, Bates, Beatty, Britton, Breckinridge, Chapman, Davidson, Davis of Floyd, Dunn, Field of Lake, Field of Lagrange, Fuller, Gilham, Gordon, Greene. Hall, Higbee, Higgins, Hutson, Johnson of Marshall, Jump, Kercheval, Logan, Long, Mason, Millekan, Miller, Montgomery, Osborn, Overmyer, Ratliff, Ruddell, Sabin, Skidmore, Smith, Stewart of Rush, Taber, Vardeman, Vater, Wildman, Williams of Hamilton, Williams of Knox, Williams of St. Joseph, Williams of Union, and Zenor-45,
So the vote was sustained-Mr. DUNN explaining. He had from the beginning been opposed to making allowances of this character; but up to this time he had sustained this bill. But now, believing that if the Governor's veto be sustained it will put a stop to the bringing in of these claims, he voted no
Mr. CHITTENDEN submitted the following:
Resolved by the House of Representatives (the Senate concurring). That the two houses will meet in the hall of the House of Representatives at 2 o'clock on Thursday, the 28th instant, and proceed, without delay, to ballot for the location of the Agricultural College; and that the point receiving the lowest number de dropped at the end of each ballot, until a location shall be obtained.
Objection being made, the resolution could not be entertained.
THE CALENDAR.
Mr. Hamilton's bill [H. R. 166] for printing legal advertisements in German newspapers, was taken up, and ordered to the engrossment.
page: 124[View Page 124]Mr. Breckinridge's harmless bird's protection bill [H. R. 229] was taken up, with , the committee amendment to strike out "woodpecker" and "jaybird."
Mr. HAMILTON moved, ineffectually that the bill and amendment be laid on the table-affirmative 32, negative 45.
On motion of Mr. WILLIAMS, of Knox, the amendment was concurred in-affirmatives 41, negatives 21.
And then the bill was ordered to be engrossed.
Mr. Kercheval's bill [H. R. 142] to amend faction 129 of the decedent's estates act of June 17, 1862, was taken up and ordered to the engrossment.
Mr. Williams, of Hamilton's, bill [H. R. 217] to amend sections 1 and 122 of the Common School law and define who are Table to pay a poll tax(It strikes out the clause excluding negroes and mulattoes) was taken up with the Education Committee's amendments.
The amendments were concurred in, and the bill was ordered to be engrossed.
Mr. Johnson, of Montgomery's, horse distemper bill [H. R. 199] and Mr. Dittemore's road bill [H. R. 232] were taken up, and ordered to be engrossed.
Mr. McDonald's immigration bill [H. R. 366] was ordered to the engrossment-the committee's amendments having been concurred in.
Mr. Coffroth's bill [H. R. 231] declaring it a misdemeanor to deliver a bill of lading without the goods, etc., coming up with the committee's amendments thereto the amendments were adopted, and the bill was ordered to the engrossment.
Mr. Britten's town Railroad bill [H. R. 181] was taken up and read.
Mr. VATER proposed to amend by striking out the authority "to subscribe" stock,which was laid on the table; and then-
The bill was ordered to the engrossment.
Mr. Greene's Taxation of Costs bill [H. R. 148] was taken up.
Mr. PIERCE said the object of the bill was, in case of appeals to the County Commissioners, to tax the costs against the losing party.
The bill was ordered to the engrossment.
On motion of Mr. WELBORN, his railroad bill laid on the table yesterday was taken up, the committee amendments concurred in; and so it was ordered to be engrossed.
Mr. Greene's Petroleum Oil Inspection bill [H. R. 262] was taken up and ordered .to the engrossment.
Mr. GREENE stating that it makes the Statute to comply with the law of Congress.
Mr. Odell's bill [H. R. 169] to amend the act concerning enclosures, partition fences, tresspassing animals, etc., was taken up; with the committee amendments striking out all in the bill excepting the change of the law in relation to partition fences.
Mr. ODELL explained the bill.
Mr. CARNAHAN stated the propriety Of the bill in regard to partition fences, The bill requires each party to give nine fee This would operate as an inducement to join equitably in the expense of partition fences.
Mr. ODELL proposed to amend the amendment of the committee by adding a penalty of five dollars for violation of the provisions of the bill, etc.
The amendments were adopted, and so the bill was ordered to be engrossed.
Mr. Osborn's bill [H. R. 272] authorizing the Governor to sue the New Albany and Chicago Railroad and other railroads for nonpayment of taxes, was ordered to the engrossment.
Mr. Stewart's (of Rush,) joint resolution for relief of the widow of the late General Hackehman, was laid on the table-the matter having been taken care of by Congress.
Mr. Ruddell's Military Equipments bill [H. R. 274]; Mr. Shoemaker's Township Vacancies bill [H. R. 275]; Mr. Sleeth's Mill-race bill [H. R. 276] were taken up and ordered to the engrossment.
Mr. Underwood's legerdemain amendment bill [H. R. 278] was ordered to the engrossment.
Mr. Vardeman's liquor law amendment bill [H. R. 27] was taken up and read.
Mr. CHAPMAN moved that this bill, and his bill [H. R. 288] on the same subject, made the special order for Friday.
Mr. COFFROTH proposed to add his liquor law repeal bill [H. R. 101], which was accepted.
Mr. WILLSON moved ineffectually to lay the bill on the table-yeas 13, nays-62.
Mr. STEWART of Rush, moved ineffectually to order a night session for the consideration of these bills.
And then Mr. Chapman's motion was agreed to.
Mr. Williams of Hamilton's conviction bill [H. R. 281] was ordered to the engrossment.
Mr. Williams of Knox's bill [H. R. 282] to amend section 28 of the Swamp Land act, was taken up.
Mr. WILLIAMS said the bill proposes to give the Commissioner $3 and the Engineer $3 50 a day.
Mr. Zollar's Common Council Proceedings Legalization bill [H. R. 284] was ordered to the engrossment.
Mr. Beeler's bill [H. R. 286] to amend and repeal the act to authorize the removal of page: 125[View Page 125] prisoners from the Southern to the Northern Prison, being read -
Mr. RUDDELL moved that it be indefinitely postponed.
Mr. NEFF opposed the motion.
Mr. RUDDFLL then modified his motion so as to refer the bill to the Committee on Prisons, which was agreed to.
Mr. CARNAHAN submitted the following:
Resolved, That the consideration of House bill 347, for locating the Agricultural College in connection with the State University, be made the special order for 7 1/2 o'clock this evening.
Pending which -
The House took a recess till 2 o'clock P.M.
AFTERNOON SESSION.
The SPEAKER resumed at 2 o'clock, and announced the consideration of Mr. Carnahan's resolution for the special order for to-night at 7 1/2 o'clock the consideration of Mr. Dunn's Agricultural College bill [H. R. 347.]
Mr. CHITTENDEN moved a substitute amendment for a joint convention of the two Houses to ballot for the location on Friday (to-morrow) at two o'clock P. M.
On motion of Mr. ZOLLARS it was laid on the table affirmative 50, negative not counted.
Mr. SLEETH moved ineffectually to make the order for 2 o'clock this afternoon; and the question recurred on Mr. Carnahan's resolution.
Mr. McFADIN spoke against a night session for determining this Agricultural College question.
On motion of Mr. DITTEMORE, Mr. Carnahan's resolution was laid on the table affirmative 46, negative not counted.
Mr. McFADIN moved to make the Agricultural bill the special order for to-morrow at 2 o'clock.
Mr. DUNN proposed a substitute, that the bill be made the special order for 3 o'clock.
Mr. ZOLLARS moved, ineffectually, to lay Mr. Dunn's substitute on the table.
Mr. FULLER proposed to amend further, to proceed at once to ballot for a location, and that no other business shall be in order except privileged motions.
Mr. HAMILTON demanded the previous question, and under its force Mr. Fuller's amendment was adopted
Mr. COFFROTH, Mr. STANTON and others contended that the vote is not yet final, insisting that the several propositions for the location should be heard before the ballot is taken Mr. Hamilton demanding the yeas and nays on the adoption of the resolution as amended, and they were ordered.
Mr. STANTON and Mr. COFFROTH asked for the understanding of the House to present the propositions and claims of the counties of Marion, Tippecanoe and Hancock before the ballot shall be taken.
Mr. DAVIS, of Floyd, acquiesced in the understanding, supposing it to be general.
The SPEAKER ruled that it could hardly be in order to entertain explanations under the previous question.
The resolution, as amended, (to proceed at once to ballot for the location,) was adopted-yeas 61, nays 24.
Subsequently this order was rescinded and another proposed by Mr. Dunn, and amended by Mr. Coffroth, was adopted, to the following effect:
Resolved, That any member from such counties as have propositions before the General Assembly in reference to the location of th Agricultural College be now allowed twenty minutes to discuss the question.
Resolved, That we then proceed to vote by ballot for the location of the Agricultural College.
Mr. STANTON presented a proposition for the location in the county of Marion; the Trustees of the Northwestern Christian University proposing the free use of their University grounds and buildings for the connection of the Agricultural College with that Institution, the whole to be under the supervision of seven Trustees-three to be selected by the University and three by the General Assembly and the remaining one by those six. The money value of the inducements and donations offered by Marion county he summed up thus: The buildings and grounds of the Northwestern Christian University $175,000; the endowment of that, institution $110,000; the Marion county cash donation $100,000; the twenty-seven acre adjoining the Northwestern Christian University, tendered by the Fletcher heirs, $61,000-making a total of $446,000.
Mr. BRECKENRIDGE presented the donations and inducements heretofore set forth and proferred by the county and citizens of the county of Tippecanoe.
Mr. McFADIN, by leave, followed with an earnest appeal in behalf of the location at the Tippecanoe Battle Ground.
Mr. CORY presented the proposed donations and the claims for the location al Greenfield, in Hancock county.
Mr. NEFF recounted the Putnam county donation and the advantages of the location of the Agricultural College in the vicinity of Greencastle, deprecating every proposition for its connection with any other institution of learning. When he had concluded-
Mr. BUSKIRK, [Mr. Johnson, of Park, in the chair.] followed, setting forth the donations and inducements for the location at Bioomington in connection with the State University. When he had concluded,
Mr. GREENE, by leave, submitted the page: 126[View Page 126] considerations, in favor of the separate establishment of the Agricultural college, herein seconding the views with regard to the separate location taken by Mr. Gory and Mr. Neff, and he submitted additional considerations in favor of accepting the donation of Howard county, and making the location thereon in the vicinity of Greenfield.
The SPEAKER, announced the order for the ballot and appointed Messrs. Stewart, of Ohio, Stephenson, Chittenden, and Tebbs to act as Tellers.
FIRST BALLOT.
The Tellers reported 90 votes cast, as follows:
- Bloomington received 29 ballots.
- Indianapolis received 14 ballots.
- Hancock county received 13 ballots.
- Tippecanoe county received 29 ballots.
- Greencastle received 3 ballots.
- Franklin, Johnson county, received 1 ballot.
- Clarksville received 1 ballot.
SECOND BALLOT.
The Tellers received 90 votes, as follows:
- Bloomington received 30 votes.
- Indianapolis received 12 votes.
- Hancock county received 6 votes.
- Tippecanoe county received 40 votes.
- Greencastle received 3 votes.
THIRD BALLOT.
The Tellers reported ninety votes, cast as follows:
- Bloomington received 30 votes.
- Indianapolis received 11 votes.
- Greenfield, Hancock county, received 2 votes.
- Tippecanoe county received 45 votes.
- Greencastle received 2 votes.
After an ineffectual motion to adjourn, the House proceeded to take the
FOURTH BALLOT.
The Tellers reported 88 votes cast, as follows:
- Bloomington received 27 votes.
- Indianapolis received 8 votes.
- Greenfield received 1 vote.
- Tippecanoe county received 52 votes.
- Greencastle received -- votes.
The House then adjourned.
