HOUSE OF REPRESENTATIVES
The House met at 9 o'clock A. M.
Mr. CORY introduced a bill [H. R. 397] declaring what counties shall constite the Fourth Judicial Circuit etc. He explained that this is simply a proposition to consolidate the Fourth and Twenty-sixth Circuits-no politics in it. He moved to suspend the constitutional restrictions, and put the bill on its passage.
The motion was rejected-yeas 51, nays 37 - two-thirds not voting in the affirmative.
The SPEAKER stated the order of the consideration of the two bills [H. R. 270, 315] for which the restriction was suspended yesterday.
Mr. WELBORN asked leave of absence indefinitely, on account or pressing business.
Mr. DUNN objected, because we will be called upon this week either to ratify or reject the constitutional amendment.
Mr. W. was excused.
Mr. VATER entered his motion to reconsider the vote of yesterday rejecting the Keely claim of $2,101.
Mr. McBride entered his motion to reconsider the vote of yesterday indefinitely postponing the bill [S. 75].
COUNTY ASYLUMS.
Mr. Zollar's bill [H. R. 315] to authorize County Commissioners to make appropriations or donations for county asylums, was taken up under the suspension of the restriction taken yesterday, and read the second time.
The bill was considered as engrossed, ordered to the third reading, and read the third time.
Mr. WILLIAMS, of Knox, and Mr. JOHNSTON, of Parke, explained that the bill authorizes the County Commissioners to make appropriations to buy land, erect buildings, &c., to assist in taking care of the incurably insane, that may be sent home from the State Institution.
The bill was finally passed the House of Representatives'yeas 80, nays 6.
DITCHING CLAIMS.
The bill [S. 270] to provide for the payment of ditching certain swamp lands, out of the swamp land fund, was taken up under the suspension of the restriction taken yesterday.
After objections and explanations by Mr. WILLIAMS, of Knox, Mr. WILDMAN, and others.
Mr. DAVIS, of Floyd, said, on examination, he found that the bill is all right, and he urged the vote.
The bill failed-yeas 41, nays 45-Mr. COFFROTH explaining-that the whole purpose and spirit of the swamp land leg page: 209[View Page 209]islation, both State and National, was to reclaim the swamp lands; and where there is a surplus, (as now in the general swamp land fund), it should go to pay the ditching claims in those counties where there is a deficit. Mr. Davis, of Floyd, and Mr. Lamborn also submitted similar explanations, and Mr. Williams, of Knox, read from the law to fortify his objections.
Mr. RUDDELL moved ineffectually to take up his bill [H. R. 395] to enable cities to aid in the construction of branch railroads of roads running through, etc.
Mr. WILLSON moved ineffectually to take up the Court bill [S. 308].
THE 15TH AMENDMENT.
Mr. UNDERWOOD moved that the House now lake up the special order for the consideration of the 15th Constitutional amendment.
The motion was agreed to; and then-
Mr. UNDERWOOD moved to make the amendment the special order for Friday at 2 o'clock P. M.
Mr. OSBORN moved ineffectually to lay the motion on the table; and then-
Under pressure of the previous question, Mr. Underwood's motion was agreed to.
Mr. OSBORN entered his motion to reconsider the vote of yesterday, rejecting Mr. Stephenson's indexing bill [H. R. 392.]
EQUIPMENTS FOR MILITARY ORGANIZATIONS.
Mr. RUDDELL called up his bill [H. R. 274] to authorize arms and equipments to be furnished to organized military companies, which failed yesterday for lack of a constitutional majority; and proceeded briefly to explain the necessity and propriety of the bill.
The bill was rejected-yeas 39, nays 44-Mr. COFFROTH explaining his negative vote-because of the inutility and expensiveness of the bill. And Mr. DAVIS, of Elkhart, reasoning in favor of the bill to utilize the arms of the State now rusting in the arsenal. Mr. JOHNSON, of Parke-also speaking for the utility of the bill. Mr. NEFF - objecting to the distinction for loyal organizations; Let us have peace. Mr. PIERCE, of Vigo - These arms are distributed over the State, and we never hear of them again. Mr. RATLIFF - hoping those arms would lay and rust in the arsenal, without use or preparation for war. Mr. RUDDELL - reasoning for the bill, that we may secure peace by being prepared for war. Grant that a few straps and muskets may be lost - grant the plea of expensiveness, it weighs not against his consideration. Mr. SHOAFF - the manual of arms may be learned without a musket. Mr. UNDERWOOD - aye, to prepare for the imminent war of races. [Laughter.] Mr. WILDMAN - Military companies may be sustained in the cities, but not in the country at large.
REAL ESTATE CONVEYANCES LEGALIZED.
Mr. Odell's bill [H. R. 208] to legalize conveyances of real estate made by married women under 21 years of age in cases where they have joined with their husbands in conveying the land while such husband was living, etc., was read the third time, in its order.
Mr. COFFROTH explained its provisions.
The bill was finally passed the House-yeas 61, nays 1.
SUPERVISORS.
The Election Committee's bill [H. R. 257] to amend section one of the act of March 5, 1859, to provide for the election of Supervisors, etc., and prescribing the time of electing Supervisors, their term of office, etc., was read the third time. The bill was finally passed the House-yeas 62, nays 12.
LEGAL ADVERTISEMENTS IN NEWSPAPERS.
On motion of Mr. COFFROTH, Mr. Ruddell's bill [H. R. 157] to regulate the publication of legal advertisements, was taken up in order on the third reading, with the amendment of the Judiciary Committee, providing that the advertisement be inserted but once a week in the daily paper, etc.
The amendment was concurred in.
On motion of Mr. WILLIAMS, of Knox, the clause requiring the publication of the act in the Journal and the Sentinel was stricken out by unanimous consent.
The bill, as amended, was then passed the House-yeas 70, nayc 0.
PETROLEUM OIL INSPECTION.
Mr. Greene's bill [H. R. 262] to amend sections 3 and 8 of the act of March 9, 1863, to provide for the inspection of petroleum oil, etc., was read the third time.
Mr. GREENE said it required a higher test110 degrees of Fahrenheit, and it increases the compensation of the inspectors.
The bill was finally passed the House of Representatives-yeas 51, nays 19.
RAILROAD AND BRIDGE AID.
Mr. Cory's bill [H. R. 238] to authorize County Commissioners to donate money in aid of railroads, and to appropriate money from the county treasuries for the purpose of building bridges, and legalizing appropriations heretofore made for such purposes, was taken up in order and-read the third time.
The bill was rejected-yeas 32, nays 44.
SHOW LICENSE LAW OF 1852.
Mr. Underwood's bill [H. R. 278] to amend the title of the act of June 15, 1852, page: 210[View Page 210] concerning license for the vending of foreign merchandize, to exhibit caravans, circuses, rope and wire dancing, legerdemain, etc., was taken up in order, and read the third time.
Mr. UNDERWOOD explained that it would save license money to the agricultural societies, etc.
The bill was finally passed the House yeas 62, nays 12.
SWAMP LAND COMMISSIONERS.
Mr. Williams', of Knox, bill [H. R. 282] to amend section 28 of the act of May 29, 1852, to regulate the sale of swamp lands granted by the United States to the State of Indiana, and to provide for the draining thereof according to the conditions of said grant, was taken up in order, and read the third time.
Mr. WILLIAMS said the bill proposes to allow the Commissioners $3 00 and the Engineers $3 50 a day.
The bill was finally passed the House-yeas 72, nays 3.
SHIPPING-MISDEMEANOR.
Mr. Coffroth's bill [H. R. 231], prescribing a certain misdemeanor, and punishment therefor [$50 to $1,000 penalty for issuing a bill of lading without the article shipped], was taken up in order, and read the third time.
The bill was finally passed the House-yeas 75, nays 1.
Mr. LONG moved for indefinite leave of absence for Mr. Davis, of Floyd-Mr. Davis adding his request in person. But objection being urged, the motion was withdrawn.
Mr. OSBORN moved for a suspension of the order of business, to enable him to submit the following, which was read for information:
Resolved, That for the purpose of passing important bills, the roll shall be called, and each member when his name is called, shall have the right to have any Senate bill, or any House bill on the third reading, to be acted on by the House, and the rules shall be dispensed with for the purpose, and further proceedings, under the present suspension shall be suspended.
After debate by Mr. Osborn and Mr. Pierce of Vigo-the latter urging its adoption, because the indications are, that after to-morrow, we shall not be able to do any more business.
On motion of Mr. BRITTON it was laid on the table-57 in the affirmative on a division.
SCHOOL HOUSES.
Mr. Tebbs' bill [H. R. 380] to amend section 27 of the Common School Law, was taken up in order on the third reading.
Mr. TEBBS explained that it is to admit of public grounds to be devoted to school purposes.
It was finally passed the House-yeas 72, nays 2.
On motion of Mr. PIERCE of Porter Divorce bills were made the special order for to-morrow at 10 o'clock.
Mr. Hamilton's bill [H. R. 166] requiring the publication of legal advertisements and notices to be made in German newspaper in certain cases [advertisements relation to the public business when there is a German paper published in the county was taken up in order and read the third time.
It was finally passed the House of Representatives-yeas 69, nays 4.
Mr. UNDERWOOD desired to submit the following:
Resolved, That the special committee to which was referred the Senate bridge bill No. 120 be requested to report the same to-morrow morning at 9 o'clock A. M., and that the same be made the special order for that hour.
Objection being made, it was not entertained.
Mr. Breckinridge's wild bird protection bill [H. R. 229] was taken up in order, and read the third time.
Mr. FURNAS and Mr. BEELER spoke for the passage of the bill as important to the fruit and farming interests, and for protection against the destruction of these birds, not by sportsmen, but by scallawag boys.
The bill failed on this vote-yeas 47, nays 25 several members explaining that they vote against it because it is too sweeping in its provisions for protection.
The House then took a recess till 2 o'clock.
AFTERNOON SESSION.
The SPEAKER resumed the Chair at 2 o'clock.
THE MEDICAL PROFESSION BILL.
Mr. McBride's motion to reconsider the vote of yesterday for the indefinite postponement- of the Medical Profession bill [S. 75] was agreed to, and the bill was referred to a special committee, viz: Messrs. McBride, Chittenden, Jump, and others.
Mr. WILLIAMS, of Hamilton, desired to submit an order for night sessions.
Mr. WILLIAMS, of Union, desired to offer an order to print the journals in the German language; which propositions were objected to.
THE CALENDAR.
The SPEAKER announced the order of the consideration of bills of the House on their third reading.
RAILROAD BONDS, ETC.
Mr. Welborn's bill [H. R. 246], to authorize railroad companies to issue bonds, and cities and towns to purchase them, etc., taken up in order and read the third time.
The bill was rejected on this vote-yeas 27, nays 42.
page: 211[View Page 211]INFORMATION BILL.
Mr. WILLIAMS of Hamilton's bill [H. R 281], to apprehend and convict persons used of crimes and misdemeaners, was taken up in order and read the third time.
Mr. STEPHENSON said such information subpoenas were now sometimes issued by Justices. This was to give them such power and settle the construction of the statue.
Mr. PIERCE, of Vigo, and Mr. NEFF submitted opposing considerations to giving such inquisitorial power.
Mr. BUSKIRK (Mr. Monroe in the Chair,) also opposed the bill. Such powers heretofore assumed by justices in his county worked badly. He gave examples. The file existing provisions of law for prosecuting for crime were ample, through the Grand Juries, etc.
Mr. STEPHENSON replied, defending the provisions of the bill. In reply to Mr. Neff's question, whether it is not competent for any person to go before a judicial officer, and cause the apprehension of suspected persons by oath, he replied in the affirmative, but proceeded to show that that provision is not sufficient, and he gave examples.
The bill was rejected-yeas 18, nays 65.
Mr. Zollars' bill [H. R. 84] to legalize the proceedings of the Common Councils of cities in opening streets and alleys, coming up-
On motion of Mr. NBFF, it was indefinitely postponed.
ROAD TOLLS INCREASE.
Mr, Greene's bill [H. R. 148] providing for the taxation of costs in certain cases, coming up-
Mr. PIERCE, of Porter, explained: that the losing party in appeals in road cases, shall pay the costs, and in no such cases shall the county pay the costs.
The bill was rejected on this vote yeas 39, nays 44.Mr. Dittemore's bill [H. R. 232] allowing an increased rate of toll on turnpike, plank and gravel roads in certain cases, was taken up in order.
Mr. STEPHENSON explained, that as he is informed, it is a proposition to allow roads constructed under a special charter increase their toll so that they shall be equal to those charged by roads built under the General Road law. But the reading of the bill showed that it applies to all roads.
Mr. COFFROTH was satisfied with the bill, and desired its passage.
The bill was finally passed the House - yeas 60, nays 25.
HORSE DISTEMPER BILL.
Mr. Johnson, of Montgomery's, bill [H. R. 199] to prevent the spread of distemper among horses, was taken up in order, and read the third time.
It proposes a penalty for allowing such horses to run at large, not exceeding fifty dollars.
The bill was finally passed the House yeas 62, nays 16-with an amendment of title, "and prescribing penalties therefor."
On motion of Mr. STANTON, proceedings in this order were suspended, and the House took up the consideration of the specific bill [H. R. 396] a supplementary bill for this session, with the amendments reported from the Committee on Ways and Means, adding sundry sections, and the bill was read the second time by sections.
The committee's amendments were concurred in.
Mr. STEWART, of Rush, proposed twenty-five dollars each, for the extra allowance to the members of the Prison Committee.
Mr. DITTEMORE proposed to amend the item of allowance to the members of the Prison Committee by striking out ten dollars each, and inserting "five cents a mile" in lieu.
Mr. COFFROTH and Mr. MONROE suggested that some of the members of the Committee might come in pretty heavily for mileage.
Mr. DITTEMORE then withdrew his amendment to the amendment; and the original amendment was concurred in.
Mr. McDONALD submitted the following:
SEC.That each member of the House be allowed $15, to correspond with the amount drawn by each member of the Senate for stationery and stamps during the special session. [Laughter.]
The SPEAKER supposed that would be taken by consent.
Mr. WILDMAN proposed to add the allowance of three hundred and seventy-four dollars and sixty-seven cents to D. M. Bryden; which was not entertained, because it was heretofore rejected by the House.
Mr. VATER proposed to add a section for allowance of two thousand one hundred and ninety-nine dollars of the claim of Daniel Keely and sons, for services as musicians in the State service.
After debate in which Messrs. VATER, WILDMAN, JOHNSTON of Parke, STANTON and others took part-
Mr. COFFROTH moved ineffectually to lay the amendment on the table-yeas 21, nays 61.
Mr. COFFROTH delivered his protest against the allowance of such old State claims as this.
Mr. RUDDELL replied and defended the claim-as he thought he might well do before gentlemen who voted for the allowance of four hundred and thirteen thousand dollars to the Morgan raid claimants.
page: 212[View Page 212]Mr. STANTON also defended the claim, and replied to objections. When he had concluded-
Mr. WILLSON demanded the previous question, and, under its operation, the amendment was adopted-yeas 53, nays 30.
Mr. BAKER, explaining, that it commanded his vote, because it is alleged to be just, and not paid.
Mr. CARNAHAN voted "no," because it seemed to him that whoever employed this Keely and his sons should have provided for his pay.
Mr. DAVIS, of Floyd, explained his affirmative vote, because the claimants were as loyal as those who would laugh at them here, on the same principle that he plead and voted for the payments to the Morgan raid sufferers.
Mr. MONROE voted for the amendment, because the claim for the service was made clear on evidence.
Mr. OSBORN voted "no," believing that this man Keely was paid in camp as a leader and teacher of bands.
Mr. WILDMAN moved to amend by adding an item for allowance of the claim of D. M. Bryden for three hundred and seventy-four dollars, for repairs on the gunboat Chillicothe on the Ohio river-reducing the amount a fraction.
It was rejected.
Mr. RUDDELL proposed to add a section for allowance of three dollars and seventy-five cents for a special order on the Spencer House, which was agreed to.
Mr. FURNAS proposed a section for twenty thousand dollars, or so much thereof as may be necessary for the purchase and removal to Indianapolis of the Mineralogical Cabinet of the late Dr. D. D. Owen, etc.
The amendment was adopted.
Mr. JOHNSON of Marshall, proposed a section to allow Samuel Beatty the sum of one hundred and ten dollars for costs paid by him in the Beatty-Peelle contest, by which Mr. Beatty obtained the place of Representative for the counties of Laporte and Starke in this House.
After debate-the amendment was adopted-yeas 40, nays 27.
Mr. WILDMAN now presented the item for the allowance of three hundred and seventy-four dollars to D. M. Bryden, for the use of D. and G. Howard.
After explanation by Mr. McBRIDE-the amendment was adopted.
Mr. COFFROTH proposed to amend, by adding a resolution to allow James R. Peelle one hundred dollars-his cost and expenses in the Beatty-Peelle contest.
Mr. McDONALD, (to vary the amount heretofore rejected by the House) moved to make it ninety-nine dollars, which was accepted by Mr. Coffroth.
Mr. WILLSON moved ineffectually to lay the amendment on the table-yeas 13 nays 61.
After debate by Mr. WILLSON and M. BATES, under the pressure of the previous question, the amendment was adopted- yeas 52, nays 16.
Mr. RATLIFF proposed to add an item for allowance of forty-nine dollars to Samuel Beatty, for attorneys' fees paid by him in the Beatty-Peelle contest.
The amendment was rejected-yeas 35 nays 35.
Mr. LONG proposed to add an item for the allowance of four hundred dollars to John Baker, of Brown county, Indiana, bounty money paid into the State Treasury for his benefit, which he has not been able to draw. The amendment was agreed to.
Mr. WILLSON entered his motion to reconsider the vote adopting the item for the allowance of Mr. Peelle's contest expenses.
Mr. VATER proposed to amend by adding an allowance of five dollars to the proprietor of the Evening Commercial for five days of this session, before it was decided to take or reject his paper, which was adopted.
Mr. DUNN moved to reconsider the vote by which Mr. McDonald's item for the allowance of fifteen dollars to each member for stamps and stationery was adopted; pending which-
The House adjourned.
