HOUSE OF REPRESENTATIVES.
THURSDAY, February 9, 1871.The House met at 9 o'clock A. M. the order of prayer by the Rev. Mr. Ingsrsoll.
The journal of yesterday was read and approved--till on motion of Mr. RAWLES, the further reading was dispensed with.
Mr. CALKINS, of Fulton, correcting the journal in this: That the Judiciary Committee'e report to table his justices act supplementary bill [H. R. 171] was not concurred in. In his remarks theron yesterday he should have been reported as snying, not that the justices may have the powers of the Sheriff, but of the Common Pleas, so far as his jurisdiction extends.
On motion of Mr. STRICKLAND, the vote rejecting Mr. Defrees' Bird and Game bill [H. R. 62] was reconsidered; and the bill was recommitted to the Committe on Rights and Privileges with instructions to amend by striking out that part, which relates to Birds and Game, and retain that which relates to fish--leaving out the exceptions as to the Ghio and St. Joseph rivers.
Mr. COX corrected these reports of yesterday in this: He voted aye on the Sinking Fund distribution bill.
Mr. RUDDELL also corrected a statement of figures in his remarks on that subject.
REPORTS FROM COMMITTEES.
Mr. RUDDELL, from the Committee on Rights and Privileges, returned Mr. Heilman's bill [H. R. 254] to amend the 17th section of the landlord and tenant act, recommending that it be laid on the table.
The report was concurred in.
Mr. RUDDELL, from the same committee, returned Mr. White's trespassing animals bill [H. R. 256] with amendments, inserting: and give approved replevin bond, etc., recommending its passage.
Mr. HAYNES, from the same committee, returned Mr. Copner's alien real estate bill [H. R. 149], recommending its passage. And he also returned from the same committee Mr. Ballenger's repeal bill [H. R. 281], recommending its passage.
Mr BROWNING, from the Committee on Railroads, returned the petition of S. Taylor and others for the repeal of the railroad tax law, recommending that it ha referred to the special committee (Mr. Stone's) on that subject matter; also that the memorial of Hiram. J. Pratt and others, and that it take the same reference.
The report was concurred in.
CITY RAILROAD AID.
Mr. McDONALD, from the Committee on Railroads, returned Mr. Watson's cities' railroad aid bill [H. R. 182] recommending that it be laid on the table.
Mr. RUDDELL and Mr. WILSON stated that the bill provides for the aid of cities (rolling stock) to railroads which do not run into them.
Mr. MACK (Mr. Martin, of Putnam,in the Chair) stated his individual opinion of the sufficiency of the present law; but there was a difference of opinion among lawyers. On a question submitted to him by the Common Council of his city he had given his opinion that the aid could be given. And there was a decision of the Supreme Court sustaining in a case in which the city of Madison was concerned. But he understood that, the attorneys of this city take a different view. And, therefore, as it could do no harm, he desired to see the bill pass.
Mr. STEPHENSON said that, under the general railroad law, cities could aid railroads which do not run into them by such roads connecting with other roads which do run into such cities. But as there was conflict of opinion in the matter, he advised the passage of the bill, as it could hurt no one, and might assist in the development of the resources of the State.
Mr. CALKINS, of Porter, hoped the report would be concurred in. I am opposed to any law calling upon unwilling contributors to aid any private corporation. The segacity of business men will soon enough see what is for the benefit of themselves and their property ; and it they see proper to build these roads let them do it under the privileges they have.
Mr. BIGGS hoped that the report would not be concurred in. In cases where then is no law, it leaves the question to be decided by a majority of citizens.
Mr. COX demanded the previous question, and under its force the report was concurred in by the following vote:
YEAS--Messrs. Abbett, Britton, Browning, Bruner, Butterworth, Caldwell, Calkins of Porter, Cauthorn, Conner, Cunningham, Curtis, Davidson, Donham, Furnas, Galletine, Goble, Guthrie, Hardin, Hartley, Hawley, Henderon, Hendry, Hynes, Major, Martin of Wayne, Martin of Putnam, McDonald, McGowan, Mitchell, Montgomery, Neff, Oatley, Ray, Rawles, Rice, Simpson, Shutt, Snodgrass, Stevens, St. John, Tarlton. Taughinbaugh, Tebbs, Walker, Washburn, Warrum and Zenor--47.
NAYS--Messrs. Ballenger, Beeler, Biggs, Calkins of Fulton, Conner, Cox, Defrees, Deputy, Devol, Friedley, Gordon of Boone, Gordon of Cass, Haynes, Heilman, Hill, Hooker, Kennedy, King, Kirkpatrick, Knight, Lines, McDowell, McFarland, Minich, Millikan, Monroe, Myers, Netherton, Rhodes, Ruddell, Sabin, Sayers, Stephenson, Stone, Strickland, Taylor, White, Williams, Wilson, Wood, Woodward, Wymer and Mr. Speaker--43.
Mr. KING from the Committee on Railroads returned Mr. Martin of Putnam's bill [H. R. 244] to establish the maximum rates of railroad charges, recommending that it be indefinitely postponed, as a bill already reported proposed the relief sought. The report was concurred in.
Mr. MINICH from the Committee on Railroads returned the resolution of the House in relation to railroad taxation, with a recommendation that it be referred to the Committee (Mr. Stone's) on that subject.
Mr. BROWNING from the Railroad Committee returned Mr. McDowell's railroads rate bill [H. R. 73] recommending that it be indefinitely postponed as a bill already reported proposes the relief.
These reports were concurred in.
Mr. BROWNING, from the Railroad Committee, returned the E. B. Shanks railroad petition, which he subsequently withdrew.
Mr. ZENOR, from the Committee on Coun- page: 257[View Page 257] ty and Township Business, returned Mr. Browning's bill [H. R. 210] for depositories for the public moneys, recommending its passage.
Mr. BRUNER, from the same committee, returned the bill amendatory of the supervisors act with a substitute therefor.
Mr. DONHAM, from the Committee on Agriculture, returned Mr. Oatley's bill to prevent obstructions in streams of water, etc , recommending its passage.
Mr. SHUTT, from the same committee, returned Mr. Washburn's [H. R. 216] for protection of fur bearing animals, recommending its indefinite postponement, which was concurred in.
Mr. FURNAS, from the same committee, returned Mr. Minich's Geological Survey appropriation bill [H. R. 162] with an amendment: "And the State Board of Agriculture shall elect and the Governor shall appoint." He also returned his own bill [H. R. 94] creating the office of Entomologists with an amendment, inserting the same words.
Mr. BEELER, from the same commitee, returned the bill to amend the act to encourage the destruction of wolves, recommending its indefinite postponment.
The report was concurred in.
He also returned Mr. Netherton's resolution for a list of products to which no standard weight is affixed--submitting the list called for.
Mr. FURNAS, from the same committee, returned the resolution of the House in relation to sluggish streams of water--as matter already provided for by bill.
Mr. MINICH, from the Committee on Benevolent Institution, returned the memorial relative to H. F. Leavit's charge against the officers for the Hospital of the Insane, reporting that said officers admit the charge are ready to refund the money.
Mr. WILSON said: There has been no opportunity for settlement--no entry of the matter made on the steward's books.
Mr. MINICH, from the same Committee, returned the memorial of Israel Taylor, for a $1,300 charge for a design for the house for juvenile offenders, recommending that it be laid on the table.
The report was concurred in.
Mr. DEFREES from the same Committee, returned the petition of A. E. Smith finding no foundation for the charges therein preferred. It was laid on the table.
Mr. BALLENGER, from the Committee on Corporations, returned Mr. Hendry's bill [H. R. 174] to exempt fire companies from execution, recommending its indefinite postponment.
The report was concurred in.
Mr. NEFF, from the same committee, returned Mr. McDowell's Bluffton charter amendment bill [H. R. 202] recommending its passage.
Mr. BROWNING, from the same committee, returned Mr. Major's street improvement bill recommending a substitute therefor.
The SPEAKER announced Mr. Davidson appointed to serve on the Committee on Canals in the place of Mr. Ray.
Mr. WHITE, from the Committee on Cities and Towns, returned Mr. Heilman's Evansville charter amendment bill [H. R. 196] recommending that it be laid on the table.
The report was concurred in.
Mr. McGOWAN, from the same committee, returned Mr. Taughinbaugh's streets improvement bill, [H. R. 159] recommending its passage.
The SPEAKER announced the special committee on Mr. Taylor's resolution, namely: Messrs. Taylor, Cox, Rhodes, Miles, King, Zenor, Wood and Britton.
Also, the special committee on certain memorials, with accompanying bills: Messrs. Cauthorn, Defrees, Sansberry and Stone.
Mr. Stone asked for a clerk for the Committee on the subject of equalization of railroad taxes, which was accorded by consent.
Mr. GORDON of Boone, from the Committee on Insurance, returned Mr. Barnaby's insurance bill, [H. R. 163] recommending its passage.
Mr. ST. JOHN, from the Committee on Insurance, returned Mr. Caldwell's bill [H. R. 164] to regulate the policies of life insurance, recommending that it be laid on the table.
The report was concurred in.
Mr. MITCHELL, from the Committee on Education, returned Mr. Major's bill, [H. R. 25] to amend section 17 of the Common School law, recommending that it be laid on the table.
The report was concurred in.
Mr. ABBETT, from the Committee on Education, returned Mr. Tebbs' bill, [H. R. 97] of the Common School law, (in regard to the erection of school houses), recommending its passage.
Mr. BIGGS, from the Committee on Education, returned Mr. Martin of Wayne's school bill (H. R. 153), recommending that it be laid on the table.
Mr. RUDDELL, from the Committee on Education, returned Mr. Browning's bill (H. R. 118) to amend section 31 of the common school law, recommending that it be laid on the table.
Mr. DEFREES, from the Committee on Education, returned Mr. Hardin's resolution for inquiry as to the propriety of prohibiting those having no children from voting with respect to school teachers, recommending that it be laid on the table.
The reports were severally concurred in.
Mr. GUTHRIE, from the Committee on Education, returned Mr. Netherton's bill [H. R. 195] to amend sections 34 and 35 of the common school law, recommending that it be indefinitely postponed.
Mr. NETHERTON spoke against concurrence in the report, calling attention to the several points of amendment which the bill proposes to sections 34 and 35 of the common school law. 1. All applicants for license must be examined at the county seats. 2. The bill provides for a certain time for holding these examinations, the last Satuarday in each month. 3. With reference to the page: 258[View Page 258] qualifications of teachers the bill provides that the they shall be examined on the eight branches of learning prescribed by law Mr. N. inveighed against the law allowing teachers to be examined and licensed with reference to a less number of branches. 4. If a majority of the patrons of the school desire additional branches to be taught, their teacher shall be examined and receive his license with respect to such additional learning. Mr. N. spoke against that provision of law under which teachers may have license if they pass examination, or sixty-five per cent. of the branches taught, showing that it introduces into the school houses teachers with six months license, keeping out, better qualified persons. He especially desired that the remedy for this abuse of the law, by the six months license, which is provided foa in his bill might be preserved. His bill provides that 12,18 and 25 months shall be the terms of teachers' licence, and that not less than 65 per cent of proficiency, shall secure license the general average being 75 per cent.
Mr CUNNINGHAM spoke in favor of concurrence in the report of the Committee--defending the existing provisions of the common school law, and protesting especially against giving the college bred a monopoly of the places of teachers in the common schools as an intraction of the natural rights of citizens.
Mr NETHERTON rejoined, and Mr. Cunningham spoke again, and then The House refused to concur in the report of the Committee.
Mr. BALLENGER, from the Committee on Education, returned the memorial presented by Mr. Cauthorn with regard to grading teachers' licenses, recommending that it be laid on the table.
Mr. RUDDELL, from, the Committee on Education, returned Mr. Hynes' school bill, [H. R. 189], recommending that it be laid on the table.
These reports were concurred in.
Mr. BALLENGER, from the Committee on Education, returned Mr. Ruddell's bill, [H. R. 183] authorizing cities, towns and townships to negotiate bonds for school building purposes, recommending that it pass.
Mr. RUDDELL, from the Committee on Education, returned Mr. Major's bill, [H. R. 104], defining the powers and duties of township trustees in relation to building graded school houses, recommending that it pass.
Mr. McDONALD, from the Committee on Education, returned Mr. Cunningham's bill, [H. R. 130], for appropriating $13 60 to the permanent school fund, recommending that it be laid on the table.
Mr. DE FREES, from the Committee on Education, returned the resolution grading teachers and salaries, recommending that it be laid on the table.
Mr. McDONALD, from the Committee on Education, returned Mr. Cunningham's bill [H. R. 92] to amend sections 125 and 133 of the common school law, recommending that it be indefinitely postponed--
These reports were severally concurred in.
Mr. TEBBS, from the select committee on the bill to amend section 132 of the act creating the 26th Judicial Circuit and fixing the times of courts in the fourth circuit with an amendment: "In the county of Franklin on the first, Mondays in April and October."
Mr. WOOD, from the select committee on Mr. Calkins', of Porter, bill [H. R 104] prescribing the court times in the Ninth Circuit, recommending its passage--for which he moved a suspension of the constitutional restrictions--in which motion also Mr. Tebbs moved to include his court bill [H. R 167] fixing the times of courts in the Fourth Circuit--and the restrictions being removed, Mr. Cauthorn's court bill was finally passed by yeas 84, nays none, and Mr. Tebbs' court bill [H. R. 167] with an amendment, was finally passed, yeas 87, nays none.
Mr. RUDDELL, from the Committee on Rights and Privileges, returned Mr Defrees' game law bill [H. R. 62]. with amendment, striking out all but the provisions for the protection of fish, and repealing conflicting laws, and excepting the Ohio river, the penalty not exceeding $50.
Mr. MARTIN, of Putnam, entered a motion to reconsider a vote of the House, concurring in the judiciary report on the compensation of certain employees of the doorkeeper.
Mr ABBETT'S bill [E. R 122], to appropriate $150 for the distribution of the report of the Superintendent of Public Instruction coming up in order,
Mr TEBBS caused a letter from the Superintended to be read, stating that he finds that his report could be distributed for $175; and he hoped the House would allow the amount to be increased to that sum.
Mr. McDONALD objected, and submitted a preamble and resolution rehearsing the items of the cost of said report for 1871, amounting to $10,000, and instructing the Committee on public expenditures to investigate the matters with full powers, and report, by what authority the Superintendent made the contracts for said plates and printing, which makes the difference between the cost of the present report and that of 1869.
The SPEAKER did not entertain the proposition.
Mr. BALLENGER did not think the Superintendent had any fears about the proposed investigation, and hoped the House would order it.
Mr. Tebbs' amendment was adopted by consent.
Mr BROWNING objected to the bill because the report was now being distribute at the expense of members.
Mr. NEFF. It was the duty of the Superintendent to send out his reports, and he was willing to put him in a position to do it.
Mr. McDONALD amended his motion so as to recommit, with instructions reject it.
On motion of Mr. TEBBS, Mr. McDonald's motion was laid on the table.
page: 259[View Page 259]The bill was finally passed the House of Representatives--yeas 56, nays 31.
Mr. CALKIN'S of Porter desired to furnish an exhibit of the expenditures of the preamble and resolution of the gentleman from Whitley, (Mr. WcDonald) b it witheld until the= resolution shall be introduced. Mr. Stone's bill, [H. R. 191] supplemental to the act regulating prosecutions is cases of bastardy, was finally passed the House--yeas 62, nays 22.
Mr Coggswell's bill, [H. R. 96] to amend section 45 of the road law, (20 years use makes a public highway), was finally passed the House yeas 67, nays 11.
A CORRECTION PERSONAL.
Mr. MITCHELL referred to a communication in this morning's Indianapolis JOURNAL, in which the Superintendent of Public Instructions takes notice of his reasons for change in the appointment of the Trustees of the Indiana University. His remarks referred to were not that the Superintendent of the City Schools knew nothing about the State University ; but that they were chosen and elected by persons knowing nothing about the State University.
On motion of Mr. ABBETT the House took a recess till two o'clock P. M.
AFTERNOON SESSION.
The Speaker resumed at two o'clock P. M., and pursued
THE CALENDAR.
Mr. SANSBERRY'S bill [H. R 180] in relation to the disability of Circuit, Court Judges--(The Governor shall appoint a Judge pro tem nine months' disability, to be paid out of the salary of the Judge whose place he shall fill--) coming up on the third reading, it was finally passed the House of Representatives. Yeas, 72; navs, 2.
Mr. Curtis' bill [H. R. 42] to amend section 11of the act to allow County Commissioners to organize Turnpike Companys where three fifths petition, &c., approved March 6, 1865 - (giving the road directors the power to reduce their rates of toll) coming up on the third reading, it was finally passed the House of Representatives yeas, 67; nays, 21.
Mr. MAJOR filed his motion to reconsider the vote of this morning, concurring in the adverse report of the committee on his bill [H. R. 25] increasing the interest on the school fun loans to 10 per cent.
Mr BALLENGER'S bill [H. R 62], authorizing subpoenas deuces tekum in certain cases, to be sued on officials, on their bonds, for producing original papers at the trial, coming up on the third reading, it was finally passed by the House of Representatives--yeas, 85; nays, 2.
Mr. HAYNES' bill [H. R. 101] to amend section 9 of the act to enable incorporated towns to lay out, open and improve streets and alleys, and to make certain plats which may have been lost, &c, on providing for the mode of such improvements, &c, approved April 27,1867, coming up on the third reading--
Mr. Haynes explained the bill. Its prime object is to aid persons having property on streets and alleys to improve such parts of the streets and that they shall be repaid with 50 per cent. of their, accruing tax on such property, and their corporation tax.
Mr MACK (Mr. Meff in the Chair.) The effect of the bill is to make the city pay for the improvement; whereas the property particularly benefitted should pay for the improvement.
Mr. HAYNES The improvement is just as much for the general as for the individual benefit--applying to towns only.
Mr MACK then withdrew his opposition.
Mr. DONALD. It is just such a bill as every incorporated town ought to have. He was in favor of making those drones in street improvements come up to the work.
The bill finally passed the House of Representatives--yeas 57, naye 28.
MUNICIPAL BANK SHARES TAX.
Mr. MILES called up the special order, viz; the consideration of his bill [H. R 6] to provide for the assessment and collection of taxes for municipal purposes on bank stock and the shares owned in banks doing business in this State, including the Bank of the State of Indiana; the same being on the third and last reading.
Mr. BALLENGER demanded the previous question, but withdrew it for
Mr. MILES, who read a speech setting forth and enforcing the provisions of the bill. It proposes to tax bank stock and bank stock shares the same as other property in cities and town. It is to equalize the public burthens without, discriminations; and for this purpose it, proposes to change the law in this respect which exempts the Bank of the State and its branches from taxation; which banks have already forfeited their franchises by failure to pay specie for their notes, as required by the 15th section of the act which created them. He defended at length the theory, that the charter of the Bank of the State is unconstitutional. Hence the propriety of disregarding their exemption from municipal taxation, and taxing their stock uniformly with other property--and thus also to enable the General Assembly to authorize the taxation of national banks. He proceeded then to show the propriety, expediency and reasonableness of the bill from various considerations. When he had concluded--
The bill was finally passed the House of Representatives yeas 84, nays 9.
Mr. ZENOR submitted the following:
Resolved That hereafter and during the remainder of this session, no member shall be allowed more than five minutes in the discussion of any motion or proposition, unless by unanimous consent of the House.
Mr BALLENGER proposed to amend by making it ten minutes.
Mr CORNER proposed fifteen minutes, which was rejected.
Mr. Ballenger's amendment was then, agreed to.
After debate by Messrs. Davidson, Kennedy, Neff and others--
The resolution, as amended, was adopted yeas 68, nays 24.
page: 260[View Page 260]Mr. GORDON of Boone submitted the point of order, that this is adopting a new rule of the House, which cannot be done without one day's notice.
The SPEAKER held that the House might make a new rule without the restriction referred to.
Mr. CUNNINGHAM submitted an order: That every member of this House who shall hereafter be absent, from his seat without leave, shall forfeit all pay or allowance during such absence.
On motion of Mr. ABBETT, it was laid on the table.
DOG TAX.
Mr. BROWNING called for another vote on his dog tax repeal bill, [H. R. 9] which failed for want of a constitutional majority; and the vote being taken again resulted yeas 44, nays 49.
So the bill was rejected.
Mr. COPNER explaining said: When this bill was up before, the reporter made me say that there was a dog in my county that had killed $50 worth of rats. That was the speech of the gentleman on my right (Mr. Guthrie.) I said, the foxes killed more sheep than the dogs. [Laughter.]
CANCELED STATE BONDS.
On motion of Mr. STONE, the Senate joint resolution, No. 9, relating to certain Indiana five per cent bonds, now in the hands of the Secretary of the Treasury of the United States, was taken up.
He said: These bonds have been paid, and we desire the Governor to send for them and have them destroyed in the presence of a joint committee of the General Assembly. He gave the history of the matter. The importance of the matter was a question of time--for the Governor to have time to send for these bonds and burn them in the presence of the Finance Committee of tho Senate and the Ways and Means Committee of the House of Representatives.
On motion of Mr. CAUTHORN the joint resolution was referred to the Committee on Ways and Means, with instructions to report at their earliest convenience.
Mr. McFARLAND submitted an order, which was adopted, that the Committee on Temperance return his liquor law bill [H. R. 125] to-morrow morning, with their report thereon.
Mr. KENNEDY desired, ineffectually, to introduce a bill in relation to the fees of Justices of the Peace.
Mr. SIMPSON moved a suspension of the restrictions so as to admit of the final passage of the engrossed Senate court bill No. 105.
On motion of Mr. ST. JOHN, his court bill [H. R. 175] was included in the motion to suspend, and that motion was agreed to--yeas 92, nays 0.
The engrossed Senate court bill No. 105 to abolish the 29th Criminal Circuit and transfer its business, &c., was taken up, and the pending amendments inserting: "And felonies, as provided by the 17th section of the act to establish Courts of Common Pleas, approved May 14,1852, and taking effect March 5, 1859."
The amendment was adopted by consent, and so the bill passed the House--yeas 88, nays 1.
Mr. St. John's Court bill, [H. R. 173], fixing the times of court in the 17th Circuit, was taken up, the pending amendments concurred in by consent, and the bill finally passed the House of Representatives 89, nays 0.
Mr. WILLIAMS obtained leave to introduce a bill [H. R. 273] to amend the act to create the 26th Judicial Circuit, and to fix the times of holding courts in the 4th Judicial Circuit.
Mr. COPNER (by leave) introduced a bill [H. R. 274] to repeal sections 1 to 12 to provide for the organization of Boards of Commissioners, approved June 18, 1852.
On motion of Mr. RUDDELL (the restriction having been removed for the purpose--yeas 79, nays 1,) his bill [H. R. 234] providing for a general system of Common Schools in all cities of 30,000 or more inhabitiants; for the election of a Board of School Commissioners, and for defining their and powers and duties; and providing for Common School Libraries in such cities-was taken up and read the second and third times.
Mr. RUDDELL in reply to Mr. Calkins, of Porter, stated that the bill can have no application to any city in the State but Indianapolis. In reply to an interrogatory by Mr. Browning, he stated that the Board of Commissioners receive no compensation.
The bill was finally passed by the House of Representatives--yeas 85, nays 4.
And then at ten minutes after five o'clock the House adjourned.
