THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, November 27, 1872.The House met at nine o'clock a. m.
The SPEAKER directed the reading of the journal of yesterday, the record with reference to the Senatorial election.
On motion of Mr. LENFESTY, the further reading was dispensed with.
REPORTS FROM COMMITTEES.
Mr. EDWARDS of Lawrence, from the Committee on Organization of Courts, returned Mr. Offutt's bill [H. R. 104] to amend the seventy-eighth section of the practice act of June 17, 1852, (with reference to change of venue), recommending its passage.
It was ordered to the engrossment.
Mr. CLAYPOOL returned Mr. Wilson of Ripley's bill [H. R. 118], making parties competent witnesses in cases of assignments of contracts to decedents, recommending its passage.
It was ordered to be engrossed.
Mr. HEDRICK, from the Committee on Rights and Privileges, returned Mr, Satterwhite's bill [H. R. 101], to protect the citizens of the State from empyricism in the medical profession, with an amendment striking out the third section, which was concurred in, and, as so amended, the bill was ordered to the engrossment.
Mr. PFRIMMER returned Mr. Clarke's bill [H. R. 106] to amend the fish law, recommending its indefinite postponement.
The report was concurred in.
Mr. CLARK returned Mr. Hedrick's bill [H. R. 107] to amend section one of the fish law of February 22, 1871, [it prohibits fishing in March, April, May, November and December, excepting the Ohio river], recommending its passage.
It was ordered to the engrossment.
Mr. HEDRICK returned the bill to authorize persons desirous of erecting a flouring mill on their own land, to make a race below, etc., approved March 1, 1853, recommending its passage.
It was ordered to be engrossed.
Mr. BRANHAM, from the Committee on Railroads, returned his bill [H. R. 70] to enable counties bordering on State lines to aid in the construction of railroads opposite, etc., recommending its passage. He said that a railroad (the Cumberland and Ohio RR.) is now being constructed through the States of Tennessee and Kentucky, and they are willing to make the city of Madison a terminus upon that city furnishing the aid which this bill authorizes. It is likely to affect no other county in the State but ours (the county of Jefferson) and will greatly benefit usmaking us a hundred miles nearer to the markets of the South.
The bill was ordered to the engrossment.
Mr. REEVES, from the Committee on Roads, returned Mr. Billingsley's Road bill. [H. R. 97] recommending its indefinite postponement.
It was concurred in.
Mr. KIMBALL submitted the following, which was adopted by unanimous consent
RESOLVED, That the Committee on Ways and Means be instructed to embrace in the specific appropriation bill the sum of $445 to defray the expenses of the funeral of the late Norman Eddy.
page: 143[View Page 143]Mr. BAKER, submitted sundry claims, which were referred without reading.
The SPEAKER proceeded to call the House by counties and districts for
NEW PROPOSITIONS.
Mr. GIVEN. A resolution (which was adopted) that the Auditor of State be requested to furnish, for the use of members, the advance sheets of so much of his forthcoming report as pertains to the Sinking Fund.
Mr. MELLETT. A resolution that a committee of five be appointed to determine, and adopt means for the better ventilation and heating of the hall of the House; that they instruct the doorkeeper accordingly; and that the doorkeeper be held strictly responsible for carrying out order.
It was adopted, and the SPEAKER appointed thereunder Messrs. Mellett, Glazebrook, Jones, Satterwhite, and Lenfesty.
Mr. THOMPSON, of Elkhart, a bill [H. R. 135] to amend section two of the act to provide for the redemption of real property, or any interest therein, sold on execution or other order of sale, approved June 4, 1861. [It provides conditions by which the judgement debtor may retain possession one year alter sale.]
It was referred to the Committee on Judiciary.
Mr. LENFESTY, a bill [H. R. 136] to amend section 454 of the practice act of June 18, 1852.
It was referred to the Judiciary Committee.
Mr. KING presented the claim of Gallup & Co., which was referred.
Mr. JOHNSON (by unanimous consent) returned from the Judiciary Committee his bill [H. R. 35] to amend sections 90 and 103 of the practice and procedure act of June 17, 1852 (with reference to witnesses and precedence in pleadings in criminal actions) with amendments; striking out from the fourth clause of section 1 the word "defendant;" and inserting in lieu these words: "at his own request, but not otherwise, nor shall his refusal to testify create any presumption against him nor shall any reference be made to or comment on such refusal;" and striking out all of section 2; and so amended the committee recommended the passage of the bill.
The report was concurred in, the amendments adopted, and the bill ordered to be engrossed.
Mr. JOHNSON also reported from the Judiciary Committee an original bill [H. R. 137] to amend section 103 of the practice and procedure act in criminal causes approved June 17, 1852 (amending the order of trial. Mr. J. stated that it is a verbatim copy of the second section of his bill [H. R. 35] which he recommended to be stricken out, and in which the House had just concurred.)
The bill was passed to the second reading.
Mr NORTH, a bill [H. R. 138] to amend the third section of the act to authorize cities and towns to negotiate and issue bonds for school buildings, approved March 11, 1867.
It was referred to the Committee on Education.
Mr. NORTH, a bill [H. R. 139] regulating the expenses incurred by any county by a change of venue from another county. [The county from which the change is taken shall be liable for the expenses incurred in consequence of such change, including the expenses of keeping prisoners, etc]
It was referred to the Judiciary Committee.
Mr. WOODARD, a resolution that the the three committees meeting in the Singer Sewing Machine Company's rooms be allowed a room keeper, and that the special Committee on Employes be discharged. It was adopted on a division--affirmative, 32; negative, 22.
Mr. WOODARD, a bill [H. R. 140] repealing the act of February 22, 1871, for the protection of fish.
It was referred to the Committee on Agriculture.
Mr. MELLETT, a bill [H. R. 141] to amend sectfon 7 of the divorce act. [Causes: adultery and extreme and continued cruel freatment: provided, that no marriage of divorced persons shall be legal if solemnized within five years after the decree of divorce.]
It was referred to the Judiciary Committee.
Mr. SMITH, a bill [H. R. 142] to give a lien to lessors in certain cases, prescribing certain daties of lessors and exempting growing crops from sale by lessors till matured.
Mr. BUTTERWORTH, a bill [H. R. 143] to amend section 1 of the act to incorporate the University of Notre Dame Du Lac at South Bend, St. Joseph county.
It was referred to the Committee on Corporations.
Mr. COWGILL, a bill [H. R. 144] to provide for the crossings of railroads, the keeping in repair of such crossings, and providing for the expense thereof; [the page: 144[View Page 144] railroad company last constructing their road to be at the expense of constructing such crossings--the expense of keeping them in repair to be borne jointly.]
It was referred to the Committee on Railroads.
INDIANA UNIVERSITY.
Mr. MELLETT asked and obtained unanimous consent to return from the Committee on Education Mr. Odle's bill [H. R. 50] appropriating $20,000 annually for the use of Indiana University at Bloomington, Indiana, to be paid semi-annually--the committee recommending its passage.
Mr. RICHARDSON moved to amend the bill by striking out the word "twenty" and inserting in lieu the word "ten."
Mr. MELLETT would say in reference to this bill and this appropriation, that they have become absolutely necessary, if we intend to maintain a State University and support it in a becoming manner--in a manner that is commensurate with the wants of the State. There were now three hundred students in attendance at this institution, and nine professors in the literary department, and the halls are crowded so that it is impossible to do the students justice; and unless provision be made for their accommodation--to supply its growing wants--the university, instead of going forward, must retrograde. If this bill pass, a portion of the fund appropriated will be devoted to the support of the State Medical College, which is located in this city, and which has been incorporated with the State University; but so far no provision has been made to pay the professors, they having to seek support from students and from other sources. This is unbecoming in the great State of Indiana. The State of Michigan has a University which does her the greatest credit; and there is no reason why Indiana should be behind this much younger State of Michigan. We should feel a just public pride in keeping pace with other neighboring States, and there is no better way in which we can show it than by fostering the educational institutions of the State. If we do not so, the consequence will be to send our young men to the State of Michigan for education; and to give that State a prominence which I do not like to encourage.
I think the proposed appropriation will place the State University in such a condition that she will be on the road towards the purposes for which she was designed, and beyond the reach of fatal accidents. I will submit a brief statement of the condition of Indiana University, and what this bill proposes to make it. It will engage nine professors in the literary departmerit, at a salary of $2,000 each, and $2,500 for the President. This only adds one professor. There will be the President, and the chairs of Natural Philosophy, Chemistry, Greek, Latin, Pure Mathematics, Applied Mathematics and English and Modern Languages and Literature. The professorship this bill adds is from the division of the class in chemistry into classes in chemistry and geology. It has been found necessary to divide that class, there being over sixty students in it. The bill increases the salary of the professors, now restricted to $1,000, and unless their salary is increased the University will lose them. No professor can be kept in an institution of this kind for less than $2,000; for they are men, or should be men of the best talent and the highest order of literary attainments which the country can afford. There are now two professors in the law department, and the trustees propose to give these a salary of $2,500. In reply to a question by Mr. Woollen, he stated that the institution has for present resources the revenue from the endowment fund of $7,000 per annum; and there is an existing statute granting the University $8,000 per annum. The appropriation proposed in this bill would make the total resources of the institution $35,000 a year. Out of this it is proposed to set apart $7,500 for the support of the medical department--its incidental expenses. So far as these statistics are concerned, he very much regretted than we have not yet the catalogue of the University containing the report of the trustees, which would give the House all necessary information on the subject.
Mr. MILLER, Considering that we have a very scant House, I move to postpone the further consideration of this bill till Monday at half-past two o'clock.
Mr. BRANHAM hoped that the special order would not be made. He supposed that no member of the House is aware of the amount of appropriations which the various institutions of the State are asking for. Whether they are asking for more than they ought to have he did not pretend to say; but one thing he was very certain of, that they are asking for much more than there is now, or will be, in the State treasury. It might be good policy in the first place to see what amount of funds we have, and then make the appropriations. We ought to cut our garments according to the cloth. He would be glad to see the University well cared for; but this is not all they ask for, and are not the page: 145[View Page 145]plans of the University improvements based upon the supposition that the State will aid them? He was about to move to lay the subject on the table--not from any hostile disposition toward the institution, but from a desire, if we can not give them all they want to give them a part. But then he wanted the bill to state distinctly when these funds shall be drawn from the treasury. He did not want to commence by giving so large an amount to one institution as to preclude the giving of any thing to the rest. He moved that the bill be laid upon the table for the present, so that it may be called up at the proper time.
The motion was agreed to.
Mr. SHIRLEY, a bill [H. R. 146] to prohibit the destruction of ditches, drains and running streams of water, and provide a penalty for the violation of this act.
OHIO AND WABASH RIVERS.
On motion of Mr. GIVEN, the joint resolution from the Senate in relation to the improvement of the Ohio and Wabash rivers was taken up; and thereupon arose some debate by Messrs. Furnas, Given, Branham and Schmuck, hesitating about the sweeping language of the joint resolution, which might include expensive works on these rivers and their tributaries.
Mr. BRANHAM. If I am not mistaken a corps of engineers have already reported the practicability of the improvement of the Wabash River at a moderate cost, and they are now at work upon it.
Mr. THAYER. It seems from the reading that the object is to make the Ohio and Wabash improvements sufficient to carry all the boats at this time navigating them.
Mr. GIVEN. It is only recommendatory: I think there is nothing wrong in the wording of the resolution. I will call for the reading of it again--without the preamble.
It was again read by the Clerk.
Mr. BRANHAM. The language is rather too indefinite. To say "all boats on the river" is a little out of the question : and if you strike out "the tributaries," it would still be asking rather too much. I amdecidedly in favor of the resolution, and I believe every member of the House will vote for it if properly worded. The engineers think it is entirely practicable to make the Ohio navigable for vessels drawing from five to seven feet--and the Wabash too: but to ask to make these rivers navigable for all boats requiring ten to twelve feet of water is asking entirely too much.
Mr. GIVEN. It seems to me that there is no indefiniteness in the language there. It does not apply to any but such streams as are used for navigation. The object is to make navigation practicable wherever boats are used.
Mr. SCHMUCK. Several days ago I introduced a resolution for this same purpose. I think, perhaps, that would be more acceptable to the House, and would like to have it read.
On motion of Mr. KING, the joint resolution was referred to the Committee on Manufactures and Commerce.
On motion of Mr. CAUTHORN, tho joint resolution with reference to the same matter, introduced the other day by Mr. Schmuck, was recalled from the Committee on Federal Relations, and referred to the same committee with the Senate proposition.
Mr. FURNAS submitted a resolution that the Committee on Temperance be instructed to prepare and report a bill to prohibit the sale of intoxicating liquor in any city, town or township, unless the majority of the voters shall petition therefor.
Mr. CAUTHORN moved that it be referred to the Committee of the whole House, and made the special order for Friday at ten o'clock.
Mr. KIMBALL moved to refer it to the Committee on Reformatory Institutions.
Mr. RUMSEY proposed to amend the resolution by inserting "requested" instead of "instructed."
The motion was agreed to.
Mr. GIFFORD moved (ineffectually) to refer the resolution to the Committee on Swamp Lands. [Laughter.]
Mr. Cauthorn's motion was rejected; and then the resolution was rejected.
On motion of Mr. BAKER the House took a recess of twenty minutes.
LEGISLATIVE ETIQUETTE.
When the house was called to order, Mr. CAUTHORN moved that, in order to receive the Senate with the courtesy due from one body of this Legislature to the other, the seats on the right of the hall be vacated for their use, and that a committee of two be appointed to wait upon the Senate, inform that body that the House, in pursuance of the concurrent resolution, is ready to meet it in joint convention, and to escort it to the hall of the House.
The motion was agreed to, and the Speaker appointed Messrs. Cauthorn and Kimball a committee to wait upon the Senate.
JOINT CONVENTIONSENATOR MORTON'S ELECTION.
The SPEAKER, just before 12 o'clock page: 146[View Page 146]M., directed the preparation of the hall for the reception and seating of the Senate on the right, and at the specified time the officers and members of the Senate appeared and were seated on the right, the President of the Senate presiding on the right of the Speaker.
The PRESIDENT of the Senate--Gentlemen of the Senate and House of Representatives, we have met in joint convention in pursuance of a joint resolution of the two houses of the General Assembly, and in obedience to the statute of the United States, to compare and count the vote cast yesterday for United States Senator. The Secretary of the Senate will now read so much of the Senate journal of yesterday as pertains to that election.
The reading showed that O. P. Morton received 27 votes, and J. D. Williams 21 votes. Whole number of votes cast, 48; necessary to a choice, 25. Honorable O. P. Morton having received a majority was declared to be duly elected United States Senator on the part of the Senate.
The SPEAKER. The Clerk of the House will now read the proceedings of the House of Representatives which relate to the Election of United States Senator.
The reading showed the number of votes cast for O. P. Morton, 54. The number for J. D. Williams, 41; whole number 95, of which O. P. Morton received a majority.
Mr. Senator BROWN presented a preamble and resolution rehearsing the record of the vote of the two Houses, and resolving that the Honorable Oliver P. Morton be declared by this Convention duly elected United States Senator to represent the State of Indiana for six years from and after the 4th of March next.
The PRESIDENT of the Senate. It occurs to the Chair that the resolution is not in order, it being the duty of the Chair to announce this result. Therefore, I will declare that Oliver P. Morton, having received a majority of all the votes cast by the General Assembly for United States Senator, he is therefore declared to be duly elected a Senator of the United States for the State of Indiana, to serve six years from and after the 4th of March next.
The SPEAKER announced that the Honorable O. P. Morton is present, and no doubt gentlemen would be glad to see him.
Voices--"Morton," "Morton."
In response to this call upon him Senator Morton came forward and said: "Gentlemen of the Legislature, I came not here this morning to inflict a speech upon you, but simply to express my sincere acknowledgments for this great mark of your confidence; and that I shall have no motive but to do my duty to the nation and the State, I hope so to perform my duties that no man who voted for me yesterday will have cause to blush for having done so. I therefore express to you again my sincere thanks and take my leave."
The PRESIDENT now prorogued the Convention, and the Senate retired from the hall.
And then, on motion of Mr. BUTTERWORTH, the House adjourned till Monday, December 2, at two o'clock, p. m.
