THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPEESENTATIVES.
MONDAY, November 25, 1872.The House met at two o'clock, p. m.
Prayers by the Rev. Benjamin Fulgham, of the Society of Friends.
On the motion of Mr. LENFESTY, the reading of the journal of Saturday was dispensed with.
Mr. WILLARD moved a call of the House, which determined a quorum, and then, on motion of Mr. BRANHAM, the further proceedings thereunder were dispensed with.
REPORTS FROM COMMITTEES.
The SPEAKER called for reports from Standing Committees in their order.
Mr. KIMBALL, from the Committee on Ways and Means returned Mr. Johnson's bill [H. R. 98] making certain specific appropriations, with an amendment striking out all after the enacting clause, and inserting a section providing for appropriations to the Normal School, $4,000 to pay borrowed money; to the Governor, $1,189.11 for money paid for Supreme Court Room; State Prison, South, $12,800; House of Refuge, $18,000; and the further sums of $3,500 and $4,000 for current expenses to April, 1873.
The report was concurred in, and the bill as amended was ordered to be engrossed.
Mr. HATCH, from the Committee on Swamp Lands, returned his bill [H. R. 24] and Mr. Henderson's bill [H. R. 41] for repeal of corporation drainage act, and the act supplemental thereto, recommending that their consideration be indefinitely postponed.
The report was concurred in.
Mr. HEDRICK, from the Committee on Rights and Privileges, returned Mr. Cole's bill [H. R. 46] recommending its indefinite postponement.
It was concurred in.
Mr. PFRIMMER returned Mr. Reno's fish bill [H. R. 52] recommending its indefinite postponement.
Mr. RENO knew that the people of Indiana are tired of the present fish law. He introduced this bill, which provides for taking fish at all times. It will be impossible to exhaust the supply of fish. They will see that we might just as well expect to exhaust the streams and rivers of water as to exhaust the fish. Besides, fish are the greatest enemies of fish--greater enemies than man. Ten thousand fish are eaten by fish where man eats one of them. He hoped the House wrould not concur in the report, and asked for a vote on the bill. The bill was indefinitely postponed.
Mr. HEDRICK returned Mr. Rumsey's bill [H. R. 90] touching public squares and public grounds not dedicated, recommending its passage. It was ordered to be engrossed.
Mr. KING, from the Committee on Railroads, returned Mr. Mellett's bill [H. R. 54] to amend the act passed at the special session of 1865, for a just valuation and taxation of railroad property, recommending that it be referred to the Commit- page: 116[View Page 116]tee on Ways and Means, because the bill provides for taxation. The report was concurred in.
Mr. FURNAS, from the Committee on Agriculture, returned Mr. Odle s dog law amendment bill [H. R. 50] recommending its passage. It was ordered to be engrossed.
Mr. COWGILL, from the Committee on Mileage, reported again the amended mileage bill, and it was read and finally passed the House.
Mr. OGDEN, from the Committee on Corporations, returned Mr. Rigg's town attorney bill [H. R. 47] recommending its indefinite postponement. It was concurred in.
Mr. RICHARDSON returned Mr. Branham's bill [H. R. 71] to amend section 60 of the city corporation act of March 14. 1867 [so that cities shall have power to borrow money to aid in the construction of railroads and public buildings on petition of a majority of the citizens,] recommending its passage. It was ordered to the engrossment.
Mr. BAXTER, from the Committee on Reformatory Institutions, returned Mr. Baxter's bill [H. R. 92] to amend the act to establish a house of refuge [relative to the admission of infants under the age of sixteen years. It provides for the admission to the House of Refuge of incorrigible children on the order of courts of competent jurisdiction, at the request of parents or guardians, or of children guilty of crimes punishable by imprisonment. In the latter case the accused may elect to be examined privately. One-half the cost of the maintenance of the inmate shall be borne by the county and the other half by the State, except in cases of children sent for incorrigibility at the request of parents; and then, in case they are able, they shall bear the whole expense. But in no case shall the State be chargeable with more than one-half the expense of maintenance, nor with anything on account of transportation.], recommending its passage.
It was ordered to the engrossment.
The SPEAKER proceeded to the call of the House by counties for
NEW PROPOSITIONS.
Mr. ELLSWORTH submitted a resolution for an order, which was adopted, that the Auditor of State be requested to communicate to the House what information he has in regard to the duties of the agent of State.
Mr. MILLER introduced a bill [H. R. 115] to repeal the act to regulate the sale of patent rights, and provide against frauds in connection therewith, approved April 23, 1869, which was referred to the Judiciary Committee. Also, a bill [H. R. 116] making specific appropriations for the purchase of lands for the erection of buildings, shop and barn, and for lighting said buildings with gas, for the Indiana Soldiers' Home, at Knightstown [It appropriates $10,000.], which was referred to the Committee on Scientific and Benevolent Institutions.
Mr. SCOTT submitted a resolution for an order, which was adopted, that the Committee on County and Township Business be instructed to ascertain whether the express and telegraph companies are regularly assessed and taxed in all the counties through which their lines pass.
Mr. CLAYPOOL submitted a resolution, which was adopted, that the Committee on Fees and Salaries inquire into the expediency of a law conferring upon the county commissioners the power of fixing the compensation of county clerks, sheriffs, auditors and treasurers; and inquire into the propriety of paying the fees, by which such officers are now compensated, into the county treasury, and report by bill or otherwise.
Mr. ISENHOWER introduced a bill [H. R. 117] supplemental to the act to authorize aid in the construction of railroads by counties and townships taking stock and making donations, approved May 12, 1869. [If the railroads fail, the money shall be refunded to the tax payers, less the fee for collection.]
It was referred to the Committee on Railroads.
Mr. WILSON of Ripley introduced a bill [H. R. 118] making the parties competent witnesses as to certain matters in cases where contracts have been assigned to decedents.
It was referred to the Committee on the Organization of Courts.
ADJOURNMENT TILL MONDAY.
Mr. CAUTHORN submitted a concurrent resolution [which was adopted on the part of the House] rehearsing the National and State appointments of Thursday, the 28th, as a day of thanksgiving, and ordering therefor that when the two Houses of the General Assembly shall adjourn on Wednesday, it shall be adjourned till Monday, December 2, at two o'clock, p. m.
NEW PROPOSITIONS.
Mr. CAUTHORN introduced a bill [H. R. 119] in relation to the organization of the two Houses of the General Assembly, and defining the duties of certain officen in relation thereto, and declaring an emer- page: 117[View Page 117]gency (the Secretary of State to organize the House of Representatives; the Auditor of State the Senate; and the State Libaarian to be Doorkeeper in said organization, and without additional compensation.)
On motion of Mr. CAUTHORN, the rules and constitutional restriction were dispensed with, and the bill was carried to the engrossment.
On motion of Mr. OFFUTT, a further dispensation was agreed to, and the bill was considered as engrossed and finally passed the House--yeas 84, nays 2.
Mr. WOOD, a bill [H. R. 20] to provide for the time of holding Circuit Court in the Ninth Judicial Circuit. [It provides that the courts shall sit in Marshall county on the first Mondays of February and August, and that the courts shall follow on the Mondays following the closing of the courts in the respective counties in the following order: Fulton, Pulaski, Starke, Lake, Porter, Laporte, St. Joseph.]
It was referred to a select committee, consisting of Messrs. Henderson, Crumpacker, Troutman, Teter and Glazebrook
Mr. EDWARDS of Lawrence, a bill [H. R. 121] to repeal an act in relation to the taxation of bonds by towns and cities, approved June 10, 1852.
It was referred to the Committee on Cities and Towns.
Mr. BILLINGSLEY presented a temperance petition, also a bill [H. R. 122] providing for the appraisement of real estate in cities of thirty thousand or more inhabitants, providing for the compensation and duties of county auditors therein. It was referred to the Committee on Ways and Means. Also, a bill [H. R. 123] prescribing the time for the transaction of road business, and for the appointment of superintendent and physician for the poor. [Only at the December sessions of the Board of County Commissioners--the road business only at the regular sessions.]
Mr. JOHNSON presented a claim in favor of Stearns Fisher.
Mr. JOHNSON, a bill [H. R. 124] without title, "There shall be built in the Governor's Circle a State monument to the memory of Indiana soldiers and sailors who periled their lives for their county." [It makes tne Governor, the State officers, and General Nathan Kimball, General Ben. Harrison, General George H. Chapman, and W. H. English a Board of Commissioners for superintending the erection of a monument, appropriates $100,000 for that purpose, and authorizes the Board to receive donations from individuals or corporations in the name of the State.]
It was referred to the Select Committee on Soldiers' Monument.
Mr. PEED, a resolution that the Auditor of State be requested to furnish each House with such portion of the advance sheets of his forthcoming report as relates to the State printing.
It was rejected.
Mr. HATCH, a resolution, which was adopted, that the Committee on Benevolent and Scientific Institutions inquire into the expediency of incorporating an institution for the cure of inebriates.
Mr. COLE, a resolution, which was adopted, that the Committee on Roads inquire into the expediency of abolishing the office of District Supervisor and providing in lieu one supervisor in each township, and report by bill or otherwise.
Mr. GRONENDYKE, a bill [H. R. 125] to amend section 1 of the act providing for calling special sessions of boards of county commissioners, approved March 2, 1863. [It provides for the calling of such extra sessions by the county Auditor; in case of his death or disability, by the county Clerk; in case of his death or disability, by the county Recorcer; and in case of death or disability of the latter officer, then by members of the Board.]
It was referred to the Judiciary Committee.
Mr. WALKER, a bill [H. R. 126] to restrain animals from running at large, and to authorize permits for animals to run at large, by county commissioners and township trustees; prescribing the duties of marshals and constables in relation thereto; precribing penalties and repealing conflicting laws. It was referred to the Committee on Agriculture. Also, a bill [H. R. 127] to amend second section of the act of February 26, 1867, concerning the perpetuity of voluntary associations, and repealing, etc. It was referred to the Committee on Corporations.
Mr. TULLEY, a bill [H. R. 28] empowering the Board of Trustees of any incorporated town in the State to compel the owners of land in such town to plant and maintain shade trees in such town. It was referred to the Committee on Cities and Towns.
On motion of Mr. BRANHAM, the Committee on Ways and Means ware authorized to employ sufficient clerical force.
Mr. COBB was added to the Committee on Ways and means.
Mr. CAUTHORN presented preamble and resolution for an order, which was adopted, that no committee of the House be authorized to incur expenses, without the consent of the House being first obtained.
page: 118[View Page 118]On motion of Mr. WALKER, the Committee on the Judiciary was authorized to employ a clerk.
On motion of Mr. RIGGS, the Committee on Claims was authorized to employ a clerk.
Mr. GIFFORD moved that the House adjourn, and accordingly the House adjourned till to-morrow morning at nine o'clock.
