HOUSE OF REPRESENTATIVES.
The House met at 9 o'clock A. M., and on motion of Mr. VATER, the reading of the journal of yesterday was dispensed with.
Mr. VATER moved, ineffectually, to take up the unfinished order of yesterday, the consideration of the supplementary Specific bill.
THE MORGAN RAID APPROPRIATION BILL.
Mr. DAVIS, of Floyd, moved to take up the consideration of the Senate amendments (just reported by message,) to the Morgan Raid Appropriation bill [H. R. 119], which motion was agreed to.
Mr. DAVIS then moved that the Senate amendments be concurred in by the House.
Mr. COTTON moved, ineffectually, to lay the motion on the table-yeas 42, nays 47-Mr. DUNN explaining his affirmative vote, stating expressly that he is in favor of the allowance of these Morgan raid claims.
Mr. DAVIS, of Floyd, now demanded the previous question on the adoption of his motion, but the House refused to second the demand-affirmative 40, negative 45. Whereupon Mr. DAVIS demanded a recount, which resulted-affirmative 42 negative 47. So there was not a second.
Mr. DUNN moved that this bill be made the special order for Friday at 2 o'clock. He had from the beginning been in favor of paying these claims, but he was opposed to hurrying the bill. He moved to postpone, because there were members here interested, and because he would increase the weight of the responsibility of members proposing to resign on account of the pendency of another measure. He himself himself would vote for the bill; and it had been repeatedly endorsed by this Republican Legislature.
Mr. WILLSON deprecated the pretense of friendship to this bill which would admit of a motion to postpone it to an hour beyond which Democrats were pledged not to remain here. The success of the motion would defeat the bill, and he called upon its friends to vote it down.
Mr. COFFROTH voted for this bill indifferently-not being interested, beyond the promptings of the feeling of its intrinsic justice. As to whether Democrats would stay here and give a quorum next Friday to pass the Fifteenth Amendment, he said not only would no Democratic member stay here, but no Democratic dog would stay to give that quorum, for forty Morgan raid bills. He said also, (not by way of threat), that such a course as this motion proposes, notwithstanding the Morgan raid or other appropriation bills, might reduce the House below a quorum before the close of this day.
Mr. WILDMAN considered this bill as having been put into better shape by the Senate amendments, but, as a friend of the bill, he hoped these amendments would not be passed under the pressure of the previous question.
Mr. OVERMYER proposed to amend Mr. Dunn's motion so as to make the postponement of the consideration of these Senate amendments to this afternoon & o'clock.
Mr. STEWART, of Ohio, said the motion of Mr. Dunn was a tack to get rid of the bill, to which Mr. Dunn interposed an page: 217[View Page 217] indignant denial. Still, to postpone the bill was a dodge to defeat it. Such, at least, would be the effect of the success of he motion. Let us come out, then, at once, and either pay these claimants, or shut out all their hopes from this quarter.
Mr. RUDDELL. The imputation of dodging could be applied with more propriety to those who are dodging the Fifteenth Amendment. He would not remove the burden of responsibility from these dodging members. He moved to amend Mr. Dunn's motion so as to postpone the bill till Friday, 3 o'clock.
Mr. DUNN accepted the modification.
Mr. RUDDELL then demanded the previous question, and there was a second, and the main question was ordered yeas 48, nays 42 Mr. Pierce, of Porter, explaining his negative vote the passage of this bill was not more desirable to any man's constituents than was the ratification of the Constitutional Amendment to his. Mr. Pierce, of Vigo, voted aye, for consistency in his support of this measure, because to postpone it till Friday would be as good a defeat, as to postpone till the first of July. Mr. Miles voted aye, with the distinct understanding that he should vote against the bill.
Mr. Overmyer's motion to make the bill the special order for two o'clock, was then adopted.
On motion of Mr. FULLER, the Senate amendments to his Sheriff's Mileage bill [H. R. 51] were taken up and concurred in.
Mr. WILDMAN (by consent) from the Committee on Elections, returned and recommended the passage of the bill [S. 166].
Mr. CHITTENDEN, from the Committee on Corporations, returned the bill [S. 323] to amend the charter of the University of Notre Dame Du Lac, at South Bend, recommending its passage.
Mr. SABIN, returned the claim of Nicholas Russell, recommending that at it be not allowed. The report was concurred in.
He also returned the claims of certain parties for illegal confinement in the State prison South, without recommendation; Which was laid on the table.
Mr. OVERMEYER, from the Committee on the organization of Courts, returned the bill, [S. 347,] for Criminal Courts for the counties of LaPorte and St. Joseph, recommending its passage.
GOVERNORS RESIDENCE BILL.
Mr. COFFROTH called up his motion to lay his motion to reconsider the vote on the final passage of the Governor's residence bill, [S. 230] on the table.
Mr. JOHNSON, of Parke, demanded a call of the House, which determined 82 members present.
Mr. STEWART, of Rush, demanded the yeas and nays on Mr. Coffroth's motion, and the vote resulted-yeas 38, nays 45. So tho motion to reconsider was not laid on the table, and the question recurred on the adoption of the motion to reconsider.
Mr. COFFROTH asked, but (objection being made,) did not obtain leave to withdraw the motion to reconsider.
The motion to reconsider was then agreed to-yeas 48, nays 38, as follows.
YEAS-Messrs. Baker, Barnett, Beatty, Beeler, Breckinridge, Chapman, Chittenden, Davidson, Davis, of Elkhart, Davis of Floyd, Dittemore, Dunn, Fairchild, Field of Lake, Field of Lagrange, Furnas, Gordon, Greene, Hall, Hamilton, Higbee, Hutson, Johnson of Marshall, Jump, Kercheval, Lamborn, Mason, Millekan, Miller, Osborn, Overmyer, Pierce of Porter, Ratliff, Ruddell, Sabin, Skidmore, Smith, Stanton, Stephenson, Stewart of Ohio, Stewart of Rush, Taber, Underwood, Wildman, Williams of Hamilton, Williams of St. Joseph, Williams of Union and Mr. Speaker-48.
NAYS-Messrs. Addison, Admire, Bates, Brit-ton, Calvert, Carnahan, Cave, Coffroth, Cory, Cotton, Cox, Fuller, Hyatt, Johnson of Montgomery, Johnson of Parke, Lawler, Long, McBride, McDonald, Mcgregor, Miles, Miner, Mitchell, Mock, Montgomery, Neff, Odell, Pierce of Vigo, Shoaff, Shoemaker, Sunman, Sleeth, Tebbs, Vater, Wile, Williams of Knox, and Zenor-38.
Mr. DAVIS, of Floyd, explaning-that as this is not a political question, and as the State may some time have a Democratic Governor, he desired that the Executive should have a respectable compensation.
So the vote on the final passage of said, bill [S. 230] was reconsidered.
THE DIVORCE LAW.
On motion of Mr. PIERCE, of Porter, the House now took up the special order, viz: the consideration of Mr. Welborn's Divorce bill [H. R. 378], and the divorce-bills [S. 316] and [S. 317].
Mr. PIERCE, of Porter, submitted a substitute for the bill [S. 316] entitled a bill to regulate the service of summons in divorce case proceedings, for issuing judgments in certain cases, declaring who shall be considered residents and the manner of determining the same-repealing all laws, conflicting herewith, and declaring an emergency.
It provides that defendant shall be served by having the summons read, excepting where two witnesses make affidavit that the pafty is endeavoring to elude service, or-their whereabouts are unknown; that where divorce has been declared without legal notice, the case may be opened again so far as division of property and allimony are concerned; and that residence shall be held to mean only such persons as enter the State with the intention to take up their abode permanently; and when this is not proven, the case shall be dismissed-if page: 218[View Page 218] the party, come into the State simply for the purpose of obtaining a divorce.
He took the floor in a general speech setting forth and supporting the provisions of his substitute upon the general principles advanced. He had aimed to make his bill such as to meet the objections to the other bills; and he recited its provisions.
Mr. NEFF submitted that, since we have important business before the House, there was not time to consider maturely such grave questions as these proposed amendments to the divorce Jaw. If the divorce laws, were but rigidly administered, he regarded it as good as any we could get. He moved to indefinitely postpone the whole subject.
Mr. OSBORN said if there was time, he would be in favor of considering the substitute of the gentleman from Porter; but since time presses, the best thing, and the only thing that could be done, would be to take up arid pass the Senate bill. He recited its provision for the service of process, and that in relation to residence, etc., s distinct improvements on the existing law. He moved to lay Mr. Neffs motion on the table.
Mr. FIELD of Lagrange, was in favor of passing the Senate bill. His people were deeply interested in this question. He opposed the substitute simply because of the want of time.
Mr. DAVIS of Floyd, considered that the divorce law was good enough'as it is-it wanted but wise administration and enforcement.
Mr. COTTON preferred the consideration and passage of the Senate bill-he gave an example going to show the necessity of amendment of the divorce law.
Mr. OSBORN'S motion was agreed to; and then, on his further motion Mr. Pierce's substitute was laid on the table.
The question recurring on ordering the bill to the third reading-
Mr. ODELL proposed to amend by adding a provision to save pending suits from the effects of this act.
Mr. PIERCE of; Porter, moved to lay the amendment on the table; which motion was agreed to-yeas, 46, nays, 34.
The amendment to the bill reported from the Judiciary Committee, viz: strike out the two , last lines of the first section and insert these words: "residents of the State," being read-
Mr. STEPHENSON moved ineffectually to lay it on the table.
And the committee's amendment was adopted.
Mr. ODELL moved ineffectually to strike out the emergency clause.
Mr. CHITTENDEN moved ineffectually to suspend the restriction and put the bill on its passage: and the amendments to tin bill [S. 316] were then ordered to be engrossed.
The divorce bill [S. 317] was taken up and indefinitely postponed.
Mr. Welborn's divorce bill [H. R. 378] was taken up and read.
On motion of Mr. STANTON, it was laid on the table.
BRANCH TURNPIKE ROADS.
On motion of Mr. STANTON, the bill [S. 146] to amend section 8 of the road law of March 6, 1865, so as to admit of the construction of short branch roads by Turnpike and Plank Road Companies, wag taken up, read the third time, and finally passed the House-yeas 59, nays 16.
Mr. OSBORN made an ineffectual motion to take up the railroad bill [S. 330.]
On motion of Mr. STEPHENSON, the House took up the consideration of the Senate amendments to Mr. Dunn's Criminal Circuit Court Judges bill [H. R. 334.]
The House then took a recess till two o'clock.
AFTERNOON SESSION.
Mr. BRITTON, from the special committee thereon, returned the Medical Profession bill [S. 75], recommending its passage.
Mr. RATLIFF submitted an order for allowance of mileage to Wm. M. Merwin and John O. Hardesty for traveling to the city for the organization of the House at this special session, which was adopted by consent.
THE MORGAN RAID BILL.
The SPEAKER announced the special order-the Senate amendments to the Morgan raid bill.
Mr. GORDON moved to postpone the special order till Friday, 10 o'clock.
Mr. COFFROTH proposed to amend the motion so as postpone till to-morrow (Thursday), 10 o'clock.
Mr. RUDDELL proposed Friday, 10 o'clock, which he subsequently withdrew.
Mr. FULLER moved to lay the motion and amendments on the table, which was rejected-yeas 43, nays 43. Mr. DUNN proposed to amend further by making the postponement till 3 o'clock and 10 minutes Friday afternoon.
Mr. DAVIS of Floyd moved that it be laid on the table, and demanded a call of the House, which determined 86 members present.
On motion of Mr. LAMBORN the absentees were sent for, and the order made and executed accordingly Montgomery, Osborn, Shoaff and Stephenson appeared, were excused, and took their seats.
And then on motion of Mr. WILDMAN page: 219[View Page 219] further proceedings under the call were dispensed with-yeas 55, nays 35.
Mr. Davis' motion to lay the amendment on the table was rejected-yeas 43, nays 46-and the question recurred-
Mr. UNDERWOOD demanded the previous Question.
Mr. COFFROTH urged Mr. Underwood to withdraw the demand and consent to postpone the subject till to-morrow morning 10 o'clock, thinking that we would get along better this afternoon, and come here tomorrow with minds better prepared to act on this question.
Mr. UNDERWOOD adhered to his demand, but the House refused the second affirmative 39, negative 43.
Mr. COFFROTH'S motion was then agreed to, so the subject was postponed accordingly.
BRANCH RAILROADS.
On motion of Mr. OSBORN, the bill [S. 330] to amend the first section of the act of December 19, 1865, so as to enable railroads to construct branch roads to neighboring coal mines, was taken up and read the first time by title, and, on his farther motion, (the constitutional restriction being removed for the purpose,) the bill was considered on its final passage.
Mr. OSBORN said the single object was to enable railroads to take charge of such branch roads, already built, in co-operation with citizens.
The bill was finally passed the House of Representatives-yeas 79, nays 1.
COUNTY LINE BRIDGES.
On motion of Mr. BATES, (the restriction having been removed for the purpose) the bill [S. 284] to provide for the erection and repairs of any bridges over streams forming a boundary line between two counties, was taken up on the second reading and put upon its passage.
It was finally passed the House-yeas 72, nays 9
SUPPLEMENTAL SPECIFIC BILL.
On motion of Mr. STANTON, the consideration of the Supplementary Specific bill [H. R. 395] making appropriations for special session, was taken upyeas 60, nays 19 - the question being on Mr. Dunn's amendment to strike out the item for fifteen hundred dollars for stamps and stationary for the special session on the part of House.
Mr. COFFROTH made the point (which was sustained) that the gentleman can not move to strike out what the House has inserted in the bill by amendment.
Mr. DUNN then moved to reconsider the vote adopting that item, and thereon he demanded the previous question, and under its operation the House agreed to reconsider-yeas 50, nays 31-and the question recurred on the adoption of the item appropriating fifteen dollars to each member for stamps and stationery for the special session.
The item was rejected-yeas 6, nays 74-Mr. McDonald explaining, that he submitted the item, not in the faith that it would be adopted as it was. He voted "no."
Mr. McDONALD moved to reconsider the vote of yesterday adopting the item for the allowance of one hundred and ten dollars for Samuel Beatty, to reimburse his expenses in the Beatty-Peelle contest.
On motion of Mr. COFFROTH the motion was laid on the table-yeas 54, nays-22.
He then moved ineffectually, to reconsider the vote by which the item for allowance of ninety-nine dollars to James R, Peelle, to reimburse to him his expenses incurred in the Beatty-Peelle contest.
Mr. CORY proposed to amend the bill by striking out the item to appropriate one month's pay (thirteen dollars) to each of the one hundred and fourteen men of Captain Steinberger's command, called out to repel the invasion of Kirby Smith. He alleged that more than twenty thousand men could claim pay for repelling that invasion with as good a show of right as the men of this command.
Mr. VATER moved ineffectually to lay the amendment on the table-yeas 17, nays 51.
Mr. DITTEMORE made an ineffectual motion to adjourn-yeas 24, nays 50.
Mr. JOHNSON, of Parke, demanded the previous question, and under its force, the item was stricken out-yeas 56, nays 23.
Mr. STANTON now demanded the previous question on the order for engrossment, and there was a second-Mr. WILLIAMS, of Knox, desiring to offer an amendment.
So the bill was ordered to the engrossment and third reading, considered as engrossed and read the third time.
Mr. DITTEMORE moved to recommit the bill to the Committee on Claims, with instructions to strike out the item for allowance of $2,119 to Daniel Keely and sons for services as musicians.
Mr. DAVIS, of Floyd, took the floor and spoke at length in favor of the motion to recommit with instructions to amend. He desired also to add instructions to the committee to amend by striking out the allowances to sundry persons for services as witnesses before the committee on arbitrary arrests for the session of 1863; also to strike out the allowances for expenses incurred by the parties to the Beatty-Pealle contest which was determined at the last session of page: 220[View Page 220] the Forty-Sixth General Assembly. But, not being reduced to writing, his propositions were not entertained at this time. Before he had concluded, and giving way for the purpose-
Mr. COFFROTH moved that the House adjourn-which was decided in the negative-yeas 40, nays 44.
Mr. STANTON submitted the point, that, when a gentleman yields the floor for a motion to adjourn, he loses his right to the floor.
The SPEAKER ruled against the point of order.
Mr. COFFROTH submitted the same point, and proposed to appeal from this ruling. Pending which-
The House adjourned.
