HOUSE OF REPRESENTATIVES.
The House met at 2 o'clock P. M. pursuant to adjournment, and in the absence of the Speaker-
page: 148[View Page 148]On motion of Mr. OSBORN, Mr. Stanton of Marion, was called to the chair.
Mr. OSBORN asked and obtained unanimous consent to introduce a bill [H. R. 390] to declare the meaning of certain records and the proper construction thereof of the first section of the act authorizing the assessment of all lands within one and one-half miles of any road, etc.
It is to make the same of the road acts of March 5, 1867, and of the road law of 1852.
Mr. RUDDELL obtained leave to introduce a bill [H. R. 391] to amend section four of the act authorizing the construction of roads, approved March 12, 1852.
Mr. WILLIAMS, of Hamilton, returned Mr. Wildman's weights and measures bill [H. R. 104]; and
Mr. JOHNSTON, of Parke, from the special committee thereon, returned Mr. Wile's city land tax bill [H. R. 153], with an amendment, by way of substitute; which bills were passed to their places in the calendar.
On motion of Mr. LONG (by unanimous consent) the bill [S. 51] in reference to the partition of real estate, was taken up and passed the first reading.
On motion by Mr. RUDDELL, (by unanimous consent) the Senate amendment to his bill [H. R. 64] to prescribe the Twelfth Common Pleas District (Marion and Hendricks) was taken up and concurred in.
THE CALENDAR.
The SPEAKER, stating, that, as there is no ascertained quorum present, to avoid difficulty about questions for suspending the order of business, the Chair, with the consent of the House, would direct the consideration of bills of the House on the second-reading. Whereupon, bills originating in the House of Representatives of the following titles were read the second time, and (if not otherwise disposed of as hereinafter noted) ordered to be engrossed.
Mr. Fairchild's bill [H. R, 293] to amend section 16 of the County Surveyor act of March 5, 1859.
Mr. Furnace's bill [H. R. 296] to amend section 11 of the act of March 8, 1867 to establish a House of Refuge.
Mr. Johnson of Marshall's bill [H. R. 300] to provide for the publication of the proceedings of the County Commissioners.
Mr. McDonald's bill [H. R. 302] to provide for the drainage of swamp lands.
Mr. Miles' bill [H. R. 304] declaring that all sectional lines shall be open as public highways.
Mr. Minor's bill [H. R. 305] to amend clause 53 of section 53 of the General City Corporation act of March 14, 1867.
Mr. Carnahan's bill [H. R. 329] to amend sections 9 and 49 of the act of June 17,1852, for the settlement of decedents' tates.
Mr. Jump's bill [H. R. 163] to the erection and maintenance of nuisances on or adjoining grounds belonging to the State.
Mr. Davis, of Elkhart's, court bill [H.R. 254] was passed over till that gentleman shall be in his place.
The joint resolution No. 13, for the re lief of Margaret Toombs, of Scott county
Mr. Vater's bill [H. R. 245] to amend section 3 of the act authorizing plank road; etc., was passed over to be considered the special order.
Mr. Stanton's bill [H. R. 340] to appropriations for the benevolent institutions in cases where the Legislature may fail to pass the general bill, was passed over for action on the Senate bill for the same object.
On motion of Mr. OSBORN, the Senate amendments to his Railroad consolidation bill [H. R. 322] were taken up and concurred in.
Mr. Smith's bill [H. R. 277] was in definitely postponed; having been superseded by a Senate bill.
Mr. Hutson's bill [H. R. 298] for enabling Swamp Land Commissioners and Engineers to select such lands, &c.
On motion by Mr. BOBO his bill [H.R 164] was taken up and placed in the Calendar.
Mr. Wile's bill [H. R. 317] for the protection of manufacturers of Cotton and Woolen goods, with the committee's amendments thereto being taken up.
On motion by Mr. OSBORN, it was on the table.
Mr. Hyatt's bill [H. R. 299], to amend the 17th section of the act to amend the drainage act of June 12, 1852, and supplemental thereto.
Mr. McDonald's bill [H. R. 318], to amend section three of the County Surveyor's act of June 17, 1852, coming up with the committee amndment-
Mr. McDONALD said the object of the bill was this: Where the boundaries have been legally established within five years past, if either party desire a resurvey, he shall pay the expenses himself.
Mr. RATLIFF said the amendment was to strike out the limitation of five years.
The amendment was adopted, and so the bill was ordered to be engrossed.
Mr. Higbee's bill, [H. R. 154,] authorizing the Board of Commissioners to levy tax for the subscription and donations Railroads, coming up with the committee amendment by substitute-
The amendment was adopted, and so the bill was ordered to the engrossment -
Mr. GREEN giving notice that he should oppose the bill at every stage. He ree page: 149[View Page 149]frained now from a motion to lay on the table because a quorum had not been ascertained, and the House desired to read up the calendar.
Mr. Field's, of Lake, Ninth Circuit Court bill [H. R. 349], was was laid on the table as superseded matter.
Mr. Sunman's bill [H. R. 379], relative to the estates of minor heirs:
Mr. Welborn's joint resolution [H. R. 14], for the Southern District Court of the United States for the State of Indiana, at Evansville, was laid on the table at the request of several members represented by Mr. Pierce, of Vigo.
Mr. Williams', of Union's, joint resolution [H. R. 15], requiring the State Printer to print 1,500 copies of the law concerning descendent's estates and the duties of guardians, to be distributed to the Clerks of the several counties, coming up -
Mr. LONG moved that 1,500 copies of the same shall be in German.
Mr. WILLIAMS, of Union, said that administrators want copies of that law for information concerning their duties, when it was not convenient for them to consult a lawyer. The resolution was for their accommodation.
Mr. RATLIFF would like to know something about the cost. It might be twenty-five or thirty thousands dollars.
Mr. JOHNSTON, of Parke, feared that copies of the laws on that subject would mislead as many administrators and guardians as it would inform correctly.
Mr. WILLIAMS, of Union, proposed to amend the resolution by striking out State Printer, and inserting Secretary of State in lieu.
On motion of Mr. WILLIAMS, of Hamilton, the joint resolution and pending amendments were referred to the Committee on the Judiciary.
The SPEAKER laid before the House a communication from the Governor informing the House that the enrolled bill [H. R. 65] introduced by Mr. Osborn for an act amending section 15 of the Manufacturing Companies' general act of May 20, 1852, and defining the meaning of the word "annual" therein, became a law without his approval on the 30th day of April, 1869.
Mr. Pierce, of Porter's bll [H. R. 371] to amend the law in relation to Public Highways coming up -
Mr. PIERCE, of Porter, said it was to amend the law so that instead of the Trustees the Clerks and Auditors shall give the notice, &c.
Mr. Zollars bill [H. R. 386] defining certain felonies, etc., making felonies committed in another State punishable the same as if the larceny had been committed in this State.
Mr. Osborn's bill [H. R. 373] providing for the vacation of highways or streets, or portions of the same, and also for the re-opening of the same, coming up with the Judiciary Committee's amendment, striking out the word street wheresoever it occurs in the bill -
Mr. OSBORN said that would be to strike out the whole bill. He was on the Judiciary Committee and did not know that this bill was ever considered there. He hoped the House would not concur in the amendment reported.
Mr. JOHNSTON, of Parke, remembered the consideration of that bill by the Judiciary Committee. And we conceived there would be a difficulty about streets, and reported the amendment after due consideration. His understanding of the amendment was that it was to strike out streets and alleys both.
Mr. OSBORN was satisfied that the committee did not know what they were doing. [Laughter.]
On motion by Mr. JOHNSTON, of Parke, the bill was again referred to the Committee on the Judiciary, with instructions to report at an early day.
Mr. Ratliff's bill [H. R. 212] to amend section 1 of the act to amend sections 1 and 2 of the act to fix the per diem of members of the General Assembly, approved in 1852, and March 4, 1865, coming up-
Mr. LONG moved that it be indefinitely postponed.
Mr. RATLIFF said the only object of the bill is to provide that members who are absent two or three weeks at home practicing law or taking care of their farms, shall get no pay for such absence. It allows pay for two days without leave, but not farther than that unless by special leave, or on account of sickness.
Mr. FULLER said it took him four days, and the Senator from Perry five days to go home.
Mr. LONG expected to come back again to the General Assembly, and of course he expected to ask for leave of absence, which he supposed would be granted to him as heretofore, and as heretofore he also would have leave to bolt if he wanted to.
On motion of Mr. RATLIFF it was laid on the table.
PROSECUTIONS IN BASTARDY.
Mr. Stephenson's bill [H. R. 313], to amend section fifteen of the act regulating prosecutions and cases in bastardy, approved May 16, 1852, coming up with the Judiciary Committee's amendment, adding: "Provided that the judgment shall not be enforced against the defendant by execution or otherwise until the birth of the child in question."
Mr. STEPHENSON in support of the provisions of the bill, said, the only change page: 150[View Page 150] made in the present law was that proviso, and where a person is committed for this offence after being confined in jail three months, if he give the proper notice to the opposite party, and a proper showing to the Judge, he can be released if he can prove that he has no available means to satisfy the judgment. In other words, the bill is to avoid imprisonment for life for this offense, as may be done almost under the present law-to avoid indefinite confinement in those low county jails, which are worse than the penitentiary. With regard to that amendment he knew nothing.
Mr. OSBORN. It provided for everything except the naming of the child.
The SPEAKER [Mr. Stanton in the the chair]. Then all the individual would have to do would be to get up and leave the country, if he saw danger ahead.
Mr. PIERCE, of Vigo. By this bill the law stands as it is, with the provision recited by the gentleman, and the object of the amendment was that money can not be collected till the birth of the child. He himself moved that amendment in committee, and he did it for this reason: He had known cases where persons were prosecuted for bastardy, and where judgments were obtained for $400 and $500, and the usual orders of the Court for the money to be paid, so much to be paid in one month, so much in sixty days, so much in ninety days. He had known such cases which turned out that the woman was never pregnant at all. And to cover such cases was the object of the amendment. It could be no hardship for a female, or rather for the child, (for that was the principal object of protection) to wait for the money till it is born, and if it is never born, it will never need it; or if the woman is riot pregnant, of course it would be wrong for the money to be paid at all.
Mr. STEWART, of Ohio. It was now provided by law that the mother may compromise with the defendant by entering satisfaction on the record. Does the bill repeal that?
Mr. PIERCE, of Vigo. No, sir. The reason of the law for these cases in bastardy was for the purpose of protecting the State or county from the expense of supporting the mother and child. And of course the county needs none of this money until the mother has incurred or is about to incur this expense.
Mr. PIERCE, of Porter, inquired if the bill provides that the party by proving that he has no property may be discharged from custody, or from the judgment? If from the judgment that was wrong.
Mr. STEPHENSON. It merely discharges him from custody.
The amendment of the Committee was then adopted.
Mr. BOBO proposed further to amend by striking out three months and insert six months in lieu. He considered that ninety days is too short a time for such defendant to lie in jail.
Mr. STEPHENSON hoped it would be adopted. The object was to obtain the amount of the judgment; and why run the State or the county to the expense of keeping the prisoner in jail six months, when is known that he has no means. The bill provides that if he can show to the satisfaction of the judge that he has no property-that he can not replevy the judgment-then it is in the discretion of the court to discharge him. Why not then, release him at the end of "three months ? That is certainly a sufficient term of imprisonment, to uncover all the arrangements he may have made for getting his property out of his hands. Let us have it three months, and then if he can make a fair showing let him be released; if not, let him lie in jail.
Mr. JOHNSTON, of Parke, proposed to amend the amendment by striking out "six" and inserting "nine" in lieu.
On motion of Mr. ZENOR, the amendment and the amendment to the amendment, were laid on the table.
Mr. NEFF proposed to amend by adding these words: "Provided that the provisions of this act shall not be extended to any person now in jail on the charge of bastardy."
Mr. STEPHENSON said he knew of cases of men in jail who have been lying there for years, and he did not see any reason for such confinement. These jails were worse than the penitentiaries-were kept in a worse condition. It was as good as the death penalty for a man to be sent into them for any stated time. Then why impose on the counties this additional expense?
Mr. NEFF was not particular about the amendment. He was opposed to the whole bill. He did not think the penalty any too great. When a man is placed in prison for such an offense he ought to stay there till he rots. It would not cost the county more to keep such a man in jail than to let him run at large.
Mr. STEWART, of Ohio. If the gentleman was not particular about his amendment, he would move to lay it on the table.
The amendment was laid on the tablet accordingly.
Mr. NEFF then moved to lay the bill on the table.
The motion was rejected; and then-
The bill was ordered to the engrossment.
THE CALENDAR.
Mr. Fuller's bill [H. R. 51] to amend section of the act to fix the time of holding page: 151[View Page 151] Common Pleas, &c., approved March 5th, 1859, was ordered to the engrossment.
On motion by Mr. DAVIDSON, the Court bill for his circuit was taken up; and he proposed to amend by allowing Fulton county two weeks to hold Court if the business thereof require it.
The amendment was adopted and the bill passed to the engrossment.
Mr. Gordon's bill [H. R. 353] to fix the salaries of county officers was laid on the table, being superseded by a Senate bill.
EMPLOYES OF THE GENERAL ASSEMBLY.
Mr. Monroe's bill [H. R. 306], fixing the per diem and mileage of members of the General Assembly-the compensation of Secretaries, Clerks and Doorkeepers, and their employes-being taken up with the amendment of the Special Committee thereon by way of _ substitute, proposing this title: "To provide for the election of officers of the two Houses of the General Assembly, fixing their pay; defining their duties, repealing all laws in conflict with this act, and declaring when this act shall take effect.
It provides for the election of one Clerk and one Doorkeeper for each House. The pay of each Clerk $50 a day and each Doorkeeper $40 for each day of the session of the General Assembly the Clerks and Doorkeeper to provide the necessary clerical and police force at their own expense.
Mr. PIERCE, of Porter, indicated a motion to lay on the table.
Mr. JOHNSTON, of Parke, moved that it be indefinitely postponed. The compensation was unequal. There was more labor required for these employes in the House, than those in the Senate.
Mr. FULLER was informed that this bill would save $7,500 for each regular session; and he was also informed by intelligent gentlemen that the work could be performed for that money.
On motion of Mr. PIERCE of Porter, the bill was laid on the table for the present.
Mr. Mason's bill [H. R. 361] to enable railroad companies who have formed articles of association, naming the counties through which they pass, to perfect their organization.
Mr. Overmeyer's bill [H. R. 370] to amend section 133 of the Common School law.
Mr. Coffroth's bill (H. R. 330) to abolish certain officers provided for in the general City Corporation act, and transferring their duties to the office of the City treasurer.
The SPEAKER said this bill was to assign the duties of Assessor to the City Treasurer, and to make the appraisements for taxation for State and County purposes the basis for City taxation. But property is appraised for State and County purposes only once in five years, and in many Cities the amount of property would be doubled in that time.
Mr. ODELL moved to amend by including towns in the provisions of the bill.
Mr. PIERCE, of Vigo, desired the gentleman from Shelby to withdraw his amendment, though he had no doubt it might be acceptable to the gentleman from Huntington.
Mr. LONG also desired to amend the bill.
Mr. PIERCE, of Vigo, would be glad to have it made a special order for some Certain day.
Mr. LONG objected to special orders, to the exclusion of more important bills.
Mr. PIERCE did not think there is a more important bill on the files.
So it was passed over.
Mr. Pierce's (of Porter) bill requiring the State Printer to fix the cost of printing and binding on the title page of all books, bills and documents printed by order, &c., coming up-
On motion by Mr. PIERCE, it was laid on the table.
Mr. Higgins' bill [H. R. 356] to enable the occupants of lands not surveyed by the United States, and bordering on lakes, &c., to hold the same, coming up-
Mr. CHAPMAN said it was a bill sent to him, which he had obtained the favor of Mr. Higgins to introduce. And after further explanation by Mr. Chapman, Mr. Davidson, Mr. Pierce, of Porter, Mr. Barnet, and others-
It was laid on the table.
Mr. Welborn's bill [H. R. 220] to authorize the amendment of bills of exception in certain cases, coming up-
Mr. NEFF moved, ineffectually, for its indefinite postponement; and, then-
It was ordered to the engrossment.
Mr. McDonald's bill [H. R. 175] to provide for special terms of the Courts to settle issues and preliminary motions and orders in actions pending therein and preparations for the trial of said actions.
Mr. Sleeth's bill [H. R. 170] to amend section 8 of the act providing for the election of clerks of the Circuit Courts, &c., coming up with the committee amendments striking out section 8 and inserting section 7, which were concurred in.
And then these bills were ordered to the engrossment.
Mr. Smith's bill [H. R. 375] to amend section 29 of the Justices' act of June 9, 1852.Mr. Kercheval's bill [H. R. 314] to amend the act providing for the settlement of decedents estates, &c.
Mr. Pierce of Vigo's bill [H. R. 312] page: 152[View Page 152] making it a misdemeanor to charge a female with unchastity, etc.
Mr. Williams of Knox's bill [H. R. 384] concerning deeds for school, saline, university, sinking fund and other lands belonging to the trust funds of the State, and legalizing deeds heretofore made for such lands.
Mr. Calvert's bill to amend section 156 of the practice act.
Mr. Tebbs' bill [H. R. 380] to amend section 27 of the common school law of March 6, 1865.
Mr. Ruddell's prison bill [H. R. 387] was laid on the table, being superseded by the bill S. 130.
Mr. Zollers' bill [H. R. 315] to authorize county boards to make appropriations for county asylums, was laid on the table.
Mr. Dunn's bill [H. R. 292] to amend the first section of the county Sheriff's act.
Mr. Stephenson's bill [H. R. 392] to authorize the Clerk of the Supreme Court to have the papers on file in his office indexed, allowing him such compensation therefor as the judges of said court may from time to time certify such services to be worth.
Which bills were severally passed to the engrossment.
Mr. RUDDELL submitted the following, which was adopted by consent:
Resolved, (The Senate concurring), That the Secretary of State shall cause to be printed and distributed to the several counties of the State 10,000 copies of the Road Laws, in pamphlet form, for the use of Supervisors.
Mr. -- introduced a bill [H. R. 393] to amend section 60, of the Practice act of June 18, 1852, in regard to the granting of new trials.
The House then adjourned.
