HOUSE OF REPRESENTATIVES.
THURSDAY, January 12, 1871.The House met at 10 o'clock A. M.
The journal of yesterday was read--till
On motion of Mr. STEPHENSON, the further reading was dispensed with.
Mr. NETHERTON desired the journal to be amended so as to withdraw his vote in the affirmative on the question yesterday of the adoption of Mr. Calkins, of Porter's, amendment to the Senate joint resolution against the annexation of San Domingo, for the reason that the terms of that amendment might be understood as against the annexation on any terms. He was satisfied to stand among the noes of the record on the final passage.
It was ordered that the journal be corrected accordingly.
Mr. BROWNING said he was credited in the newspapers with the resolution of yesterday for the revised statutes. It belonged to Mr. Cunningham.
STANDING COMMITTEES.
The SPEAKER laid before the House his arrangement and appointment of Standing Committees of the House of Representatives, in continuation, as follows:
On Roads--Messrs. Tarlton, Millikan, Martin of Wayne, Curtiss, Goble, Britton, Monroe.
On Public Expenditure--Messrs. Haynes, Coggswell, Conner, Martin of Putnam, Miles, Hawley, Millikan.
On Manufactures and CommerceMessrs. Rise, Beeler, Holman, Walker, Devol, Taughinbough, Myers.
On Insurance--Messrs. McDowell, Simpson, Neff, Wilson, Taylor, St. John, Henderson.
On Claims--Messrs. Tebbs, Browning, Gordon, of Boone, Zenor, Sabin, Hartley, Williams.
page: 78[View Page 78]On County and Township Business--Messrs. Zenor, Wood, Stephens, Bruner, Major, Guthrie.
On Federal Relations--Messrs. Henderson, Williams, Biggs, Copner, Hendry, Hooker.
On Fees and Salaries--Messrs. Mitchell, McDonald, Wilson, Cauthorn, Coggswell, Martin of Putnam, Stephenson.
On Engrossed Bills--Messrs Copner, Stephens, Holland, Wood.
On Banks--Messrs. Miles, Warrum, Knight, MoDonald, Lines, Gentry, Kirkpatrick.
On Railroads--Messrs Browning, McDonald, King, Minnick, Washburn, Neff, Woodard.
On Mileage and Accounts--Messrs. Cunningham, Biggs, Hardin, Hynes, Snodgrass, Rrawles, Weekley.
On Cities and TownsMessrs. Cauthorn, Ruddell. Rice, Stephenson, McGawin, Copner, White.
On Corporations--Messrs. Neff, Cauthorn, McDonald, Taylor, St. John, Browning, Ballenger.
On Trust Fund--Messrs. Oatley, Browning, Conner, St. John, Warram, Zenor, Strickland.
On Temperance--Messrs, Rice,Heilman, Barnaby and Deputy.
On Swamp LandsMesses. Caldwell, Calkins of Porter, Galentine, Stanley, Wymer, Gordon of Cass, and Netherton.
On Rights and Privileges--Messrs. Haynes, Stanley, Furnas, Deputy, Britton, Montgomery and Ruddell.
On Canals--Messrs, Cauthorn, Ray, Hill, Kennedy, Copner, Caldwell and Myers.
On Statistics and Emigration--Messrs. Shutt, McFarland, Bruner, Sayers, Hooker, Guthrie and Weekly.
On Prisons--Messrs, Simpson, Donohue, Rudell, Barnaby, Myers, Strickland and Tebbs.
On Organization of Courts--Messrs. Sansberry, Henderson, Rhodes, St. John, Cunningham, Ruddell, Copner.
On Military Affairs--Messrs Browning, Simpson, Myles, Stone, Friedley, Gentry, Rawles.
On Agriculture--Messrs. Donoham, Shutt, Logan, Beeler, Goble, Hardin, Furnas.
On PrintingMessrs. Tarlton, Neff, Devol, Minnick, Cox, Calkins, of Porter, Gordon, of Boone.
JOINT STANDING COMMITTEES.
On Enrolled Bills--Messrs. Cunningham, Myers, Holland, Tebbs, Butterworth.
On Public Library--Messrs. Hawley, Ballenger, Montgomery.
On Public Buildings--Messrs. McFarland, Mitchell, Hill.
The SPEAKER stated the request of Mr. Simpson for leave of absence till Monday, on account of the destruction of his property by fire; and it was so ordered.
WABASH & ERIE CANAL STOCK.
On motion of Mr. WILLIAMS, the Governor's Special Message of yesterday was read.
It transmits the memorial of a committee in behalf of the holders of the Wabash & Erie canal stocks, which sets forth that said stockholders have authorized their attorneys, and pray for authority to sue the State on the amount of said bonds--($16,000,000 or &18,000,000)--and his Excallency stating that he can not recommend the payment of said stock represented--(which has discussed in his late message)--the jurisdiction of the courts of the State having been withheld in the case; and if the constitutional provision were removed the Governor said it is a question which the people might decide.
The SPEAKER suggested that the papers should go to the Committee on Canals.
It was so ordered.
PETITIONS.
Mr. GENTRY presented a petition for an adjustment of fees and salaries.
Mr. STONE. For the amendment of the gravel road law.
RESOLUTIONS.
Mr. McFARLAND submitted a resolution, which was adopted, that to avoid confusion in the House, the Speaker be requested to assign one Page of the floor on each side of the front aisle.
Mr. CALKINS, of Fulton, submitted a resolution, which was adopted, that the Committee on Benevolent and Scientific Institutions be instructed to inquire into the practicability and necessity of making an appropriation of a building adjacent to the Hospital for the Insane--to be used for the incurably insane; and that said committee report as soon as possible, by bill or otherwise.
Mr. DEVOL submitted a resolution, that in the order of the introduction of resolutions and bills the names of members shall be called alphabetically; and each member shall be allowed to introduce but two propositions.
Mr. NEFF. The rules require the call to be made by counties.
The SPEAKER, ( Mr. Wilson in the Chair,) It is a proposition to amend the rules, and it must lie one day on the table.
Mr. NEFF offered a resolution, which was adopted, requesting the Secretary of State to furnish the Chairman of the Committee on Ways and Means a list of all the county tax-ables to carry on the tax duplicate.
BILLS AND JOINT RESOLUTIONS.
Mr. DEVOL introduced a joint resolution for a memorial to equalize the pensions of soldiers of all wars.
Mr. DEVOL said he had no doubt all were advised of the fact that in 1862 the Congress of the United States provided for pensions for disabled soldiers of the late war; and that in 1866 they increased the pensions, with the intention that the increase should be applicable to the pensioners of all the wars. But this intention was disregarded by the construction of the Commissioner of Pensions. He desired to restore and enforce the original intention of Congress.
FEE BILL.
Mr. RUDDELL introduced a bill [H. R. 44] for an act regulating salaries of certain officers therin named, and precsribing penalties for the violation of its provisions. [It is identical with the Martindale bill pending in the Senate.]
NEW STATE HOUSE.
Mr. WYMER introduced a bill [H. R. 45] for an act to provide for the raising of a revenue by the sale of certain lands for the purpose of building a new State House, and for the levy and collection of a tax for that purpose, and for the appointment of State House Commissioners. Three Commissioners with page: 79[View Page 79] the Governor--cost of the building shall not exceed two million of dollars-to be completed in three years--one million of commissioners bonds, payable in 1876 and 1880.
LIQUOR LAW.
Mr. BROWNING introduced a bill [H. R. 46] for an act to repeal an act supplementary to an act regulating the sale of liquors, and to prohibit the adulteration thereof, approved March 5, 1869.
Also a bill [H. R. 47] for an act to provide for a forfeiture in cases of the barter, sale or gift of intoxicating liquors to any infant or insane or intoxicated person; and providing that no recovery shall be had by law for such barter, sale or gift.
Mr. KNIGHT introduced a bill [H. R. 48] for an act for the yearly inspection of Justices' dockets by Township Trustees.
Mr. DEFREES introduced a bill [H. R. 49] for an act to authorize the collection of debts in the township of the county where the contract was made.
Mr. BIGGS introduced a bill [H. R. 50] for an act extending the time of holding the Court of Common Pleas in Kosciusko county and repealing, etc. (Three weeks each term and as much longer for the September term as the business may require.)
Mr. COPNER. [H. R. 5.] For an act repealing Sections 2 and 6 of the act repealing Sections 2 to 22 of the Registration act of March 11th, 1867; and prescribing further duties of officers of elections, and appointing the necessary officers for holding elections.
Mr. McDOWELL. [H. R. 52.] For an act prescribing forfeitures for taxing and collecting exorbitant fees. [Three times the amont of the injury.]
Mr. MONROE. [H. R. 53.] For an act regulating the fees of County Commissioners.
SUPERVISORS OF HIGHWAYS.
Mr. RICE. [R. R. 54 ] For an act providing for the election or appointment of Supervisors of Highways, prescribing their duties, and certain of the duties of Township Trustees; and respealings, etc.[Term two years--vavancies filled by the appointments of the Township Trustees--road tax not to exceed ten cents on the $100in case of vacancy in the office of Township Trustee, his duty devolves on the County Commissioners.]
Mr. STONE. [H. R. 55.] For an act authorizing turnpike companies organized under the act of 1865, to avail themselves of the provisions of the act of March 12th,1852, and of March 6th, 1865.
PROMISSORY NOTES.
Mr. CALKINS, of Porter. [H. R. 56] For an act to amend section 13 of the act providing for the election and qualification of Justices of the Peace, and providing for their powers and duties in civil cases. [It proposes a proviso, that persons may be sued in the township where the agreement is made payable.]
Mr. MYERS--[H. R. 57] for an act to amend sections 1 and 2 of the act to amend sections 13 and 18 of the act providing for the election and qualification of Justices of the Peace. [It contains a similar provision, and adding, that where there are more than one defendant, the suit may be brought in the township where either may reside.
Mr. WILSON[H. R. 58] for an act to establish Superior Courts, defining the jurisdiction, and providing for the election of Judges thereof. [In any county or incorporated city of 40,000 inhabitants, there shall be established a Superior Court, of three Judges elected for four years--to have the business of the Common Pleas, and concurent jurisdiction with the Circuit Court.
These bills were several read the first time and referred.
Mr. WARRUM--[H. R. 59]-pending which--
The House took a recess till 2 o'clock.
AFTERNOON SESSION.
The SPEAKER resumed the chair at two o'clock. He stated in behalf of Mr. Robinson, of Warrick who is in bad health, that he has received a dispatch that his child lies at the point of death, and he desired leave of absence till Monday.
The leave was granted by unanimous consent.
COMMITTEE ROOMS.
On motion of Mr. WILLIAMS, it was ordered that a special committee be appointed to prepare suitable rooms for the meetings of the several standing committees of the House.
CORPORATIONS DRAINAGE LAW.
On motion of Mr. CALKINS of Porter, his Swamp Land bill [H. R. 8] and that of Mr. Wood [H. R. 23] with accompanying petitions, were taken up and referred to the Committee on Swamp Lands.
On motion of Mr. RHODES, it was ordered that his interest bill [H. R. 14] and all other bills before the House in relation to interest or money be referred to the Committee on the Judiciary.
On motion of Mr. ST. JOHN, it was ordered that he have leave to withdraw his bill [H. R. 10] for an act to amend section 1 of the act to amend section 43 of the act for the settlement of decedant's estates, approved July 10, 1852, which was introduced by him on the 6th of January, and that he have leave to amend the same by substitute.
INDIVIDUAL DRAINAGE LAW.
On the motion of Mr. CALDWELL, his bill [H. R 22] for "an act to amend an act to enable the owners of wet lands to drain and reclaim them, when the same can be done without affecting the rights of others, by amending the title thereof, and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, was taken up and referred to the Committee on the Judiciary.
RAILROADS.
Mr. WARRUM'S bill [H. R. 59] introduced this morning, for an act declaring all railroad companies in the State of Indiana common carriers; requiring them to receive and discharge passengers and freight at all page: 80[View Page 80] their stations; establishing rates of freight and travel, etc., and providing penalties, (Amongst other things it declares their ordinary free passes contrary to public policy and void,) was taken up and read the first time.
Mr. WARRUM moved that 200 copies of his bill be printed.
Mr. McDONALD and Mr. NEFF opposed and Mr. BROWNING and others supported the motion.
Mr. DEFREES moved to lay the motion to print on the table.
The motion to lay on the table prevailed by yeas 62, nays 31--and then the bill was referred to the Railroad Committee.
NAVIGATION OF THE WABASH RIVER.
A message was received from the Senate by Mr. Cory, Secretary, announcing the passage in that body, and signature of the Lieutenant Governor, of Mr. Cauthorn's joint resolution for a memorial to Congress for the improvement of the navigation of the Wabash river from its mouth to Lafayette, and as much higher as the surveys may show that navigation is practicable.
The SPEAKER now announced the special committee on Mr. Biggs' Court bill [H. R. 50], which was introduced this morning, to-wit: Messrs. Biggs, Cox, Calkins, of Fulton, and Gordon, of Boone.
BENEVOLENT INSTITUTIONS.
Mr. MITCHELL introduced a bill [H. R. 60] for an act to provide for a Supervisor and Board of Commissioners for the benevolent institutions of the State. [Elective by the General Assembly--of the first four commissioners, two to serve two years and two to serve four years.]
The bill was referred to the Committee on Benevolent and Scientific Institutions.
RAILROAD AID REPEAL.
Mr. Calkins of Fulton's railroad aid repeal bill [H. R. 12] was read the second time and referred to the Committee on Railroads.
DIVORCE LAWS.
Mr. St. John's divorce law amendment bill [H. R. 15] was read the second time.
Mr. Stephens' divorce law amendment bill [H. R. 16] was read the second time.
Mr. DEFREES proposed to amend by adding appropriately these words: "Provided that no person so divorced shall be permitted to marry again in one year." [Laughter and "consent."]
Mr. CUNNINGHAM proposed to amend by inserting the following section to-wit:"Any person violating the provisions of this act shall be fined in the sum of one hundred dollars or confined in the jail of the proper county for the term of thirty days, or both, at the discretion of the court trying the same."
These bills were referred to the Committee on the Judiciary.
Mr. Browning's Justices' Act Amendment bill [H. R. 17 [ was read the second time and referred to the Judiciary Committee.
OHIO FALLS PILOTS.
Mr. Barnaby's Pilot bill [H. R. 19] was read the second time and ordered to be engrossed.
CRIMINAL PROCEDURE.
Mr. Warrum's Procedure Amendment bill [H. R. 21], for regulating proceedings and pleadings in defendants' plea of insanity, etc., was read the second time.
Mr. WARRUM moved, ineffectually, that the bill be ordered to engrossment and third reading.
Mr. CONNER moved that it be referred to the Judiciary Committee.
Mr. CALKINS objected to the motion, because it would be throwing too much work into that committee.
It was referred to the Judiciary Committee.
SCHOOL FUND INTEREST.
Mr. Major's Common School Fund Interest bill [H. R. 25] was read the second time, and referred to the Committee on Education.
REVENUE FOR 1871-'72.
Mr. Washburn's revenue bill [H. R. 26] was read the second time, and referred to the Committee on Ways and Means.
ROADS AND HIGHWAYS.
Mr. Taylor's bill [H. R. 27] for an act for the improvement of highways, and providing for the assessment and collection of road taxes, and prescribing the duties of township Trustees and others in relation thereto, was taken up in the regular order of the calendar and read the second time.
Mr. SABIN proposed to amend by inserting the word "responsible" between the words "lowest" and "bidder" wherever they occur in the bill.
On motion of Mr. NEFF, the subject was referred to the Committee on County and Township Business.
Mr. GORDON, of Boone's, fee bill [H. R. 28] for an act regulating and fixing the salaries of certain county officers therein mentioned, and providing for the compensation of deputies appointed by them, was read a second time and referred to the Committee on Fees and Salaries.
The House then, at 4 o'clock, adjourned.
