THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
FRIDAY, December 6, 1872.The House was called to order by the Speaker at nine a. m., and prayer was offered by Rev. Mr. Chandler.
On motion of Mr. HOLLINGSWORTH, the reading of the journal was dispensed with.
THE CANAL BOND QUESTION.
Mr. KIMBALL, from the majority of the Committee on Ways and Means, submitted a lengthy report on his bill [H. R. 129] to protect the Wabash and Erie Canal, its tolls and revenues from sequestration and sale to satisfy any judgment growing out of bonds which are a lien upon the canal, and for the payment of which the State is liable.
The report gives a full history of the creation of the internal improvement debt, and the causes which led to the adjustment under the Butler bill, the manner in which that legislation was procured, the history of the Garrett suit, and the bonds outstanding held by the United States and others, and concludes with the expression of the belief that the State is liable for the payment of the unsurrendered bonds, that such payment will not make her liable on account of the canal certificates held by the present owners of the canal, but that, on the other hand, should she permit the canal to be sold to satisfy the Garrett judgment, she would become liable for the entire canal debt, for the reason that she had permitted the property given them in satisfaction of one-half their claim to be sold to satisfy a private claim against the State. The report concludes with a recommendation that the bill be passed.
Mr. WILLARD, from the same committee, submitted a minority report, signed by himself and Messrs. Peed and Brett. It proceeds upon the assumption that the Butler Bill, so called, is either valid or void: and, if valid, then Garrett has no claim for the reason that he has not complied with the requirements of the proviso which stipulates for the surrender of the bonds and the acceptance in lieu therof of canal certificates. The payment of the judgment of John W. Garrett would annul the proviso of the Butler Bill. Those who surrendered the bonds they held, under the Butler Bill, did so knowing there were others outstanding, which remained a lien upon the canal. They express the opinion that under no circumstances shout provision be made for more than the 43 bonds held by Garrett; and believing that the provisions of the bill [H. R. 129] are fraught with danger, they recommend that it be laid on the table.
Mr. GRONENDYKE moved to print the majority report.
Mr. CAUTHORN moved, as an amendment, that both reports be laid upon the table, that five hundred copies of each be printed, and their consideration made the special order for Tuesday next, immediately after reading the journal.
The amendment was accepted by Mr. Gronendyke.
Mr. BAKER moved to amend by providing for the printing, in connection with the reports, of the Butler Bill.
page: 197[View Page 197]Mr. CAUTHORN moved to lay the amendment on the table.
The motion was agreed to, and then the order was adopted.
MESSAGE FROM THE GOVERNOR--TWO PER CENT. FUND.
A message was received from the Governor in relation to the two per cent. fund of the States of Ohio, Indiana and Illinois. His Excellency calls attention to the fact that Indiana, Ohio and Illinois have received only three per cent, from the proceeds of the sales of public lands within their borders, while other States have received the full five per cent., and urges action by the Legislature looking toward securing the passage of the bill now pending in Congress for the adjustment of the claims of these States, Indiana's claim amounting to over $400,000.
Mr. WALKER, from a majority of the Judiciary Committee, returned Mr. Willard's last will and testament bill [H. R. 62] recommending that it be laid on the table.
Mr. CAUTHORN, for the minority, dissented and submitted an amendment to the bill, which was rejected.
The majority report was concurred in.
Mr. MELLETT, from the Committee on Education, returned Mr. North's bill [H. R. 138] to amend the third section of the act authorizing cities and towns to negotiate and sell bonds for school building purposes, with an amendment to the first section, inserting these words: "On all property owned by said persons residing in the township where such city or town is located."
The amendment was adopted and the bill ordered to be engrossed.
Mr. FURNAS, from the Committee on Agriculture, returned Mr. Woodard's fish law repeal bill [H. R. 140] recommending its indefinite postponement.
It was concurred in.
Mr. GIFFORD, from the Committee on Cities and Towns, returned Mr. Tulley's bill [H. R. 128] empowering the Board of Trustees of any incorporated town to plant shade trees within the same.
It was ordered to the engrossment.
Mr GIFFORD also returned Mr. King's bill [H. R. 99] authorizing incorporated cities of 10,000 inhabitants or over to issue bonds and borrow money (not exceeding ten per cent. on the taxables) recommending its passage.
Mr. WILLIARD proposed to amend by striking out "ten" and inserting "four," with reference to the limitation of the loan, which was laid on the table, and then the bill was referred again to the committee.
NORMAL SCHOOL MEMORIAL.
On motion of Mr. BRETT, the vote by which the House refused to print the State Normal School memorial was reconsidered.
Mr. BRANHAM. I move that the memorial be laid on the table, and that 500 copies be printed. It asks for certain appropriations.
The motion was agreed to, and it was so ordered.
The SPEAKER now resumed the call of the roll by counties and districts for--
NEW PROPOSITIONS.
Mr. JONES introduced a bill [H. R. 184] to create the 30th Judicial Circuit, providing for the election of a judge thereof, the jurisdiction of said court, and the transfer of business. [Madison Criminal Circuit.]
It was referred to the Judiciary Committee.
Mr. PEED introduced a bill [H. R, 185] to legalize the official acts of the Board of Trustees of the town of Huntingburg.
It was referred to the Committee on County and Township Business.
Mr. PEED introduced a bill [H. R. 186] to amend the act of March 5, 1855, declaring the having carnal knowledge of any insane woman to be a felony.
It was referred to the Judiciary Committee.
Mr. REEVES presented a temperance paper, from sundry citizens of Wayne county.
It was referred, under the rule, without reading.
Mr. SATTERWHITE introduced a bill [H. R. 187] to prohibit township trustees from levying taxes.
It was referred to the Committee on County and Township Business.
Also, a resolution for the employment of Eddy Vater and Charley Brown as outdoor pages.
Mr. LENFESTY moved to lay it on the table.
The motion was not agreed to.
The resolution was so amended as to provide that their pay shall commence writh the beginning of the session, and passed.
Mr. SHIRLEY introduced a bill [H. R. 188] to amend section 433 of the practice act of June, 1852.
It was referred to the Judiciary Committee.
Mr. WOODARD introduced a bill [H. R. 189] to place directors and other officers of macadamized and gravel roads who may have become creditors of such roadsr on an equality of all other persons.
page: 198[View Page 198]It was referred to the Committee on Corporations.
Mr. SCHMUCK presented the petition of six hundred men of Perry county against the repeal of the liquor license act.
It was referred to the Committee on Temperance.
Mr. WHITWORTH introduced a bill [H. R. 190] to amend sections twenty-five and twenty-six of the act of May 2, 1852, regulating descents and the apportionment of estates.
It was referred to the Judiciary Committee.
Mr. HATCH introduced a bill [H. R. 191] declaring the cutting of timber without authority on lands not owned by the person cutting the same, or the purchase of timber so cut, a felony, punishable by fine or imprisonment.
It was referred to the Committee on Agriculture.
Mr. BUTTS, a bill [H. R. 192] to amend the act providing for the election and qualification of road supervisors.
It was referred to the Committee on Roads.
Mr. BUTTS introduced a biil [H. R. 193] to amend section 2 of the act for the protection of wild game. [It shall not be lawful to trap quails at any time, nor to kill a list of harmless birds.]
It was referred to the Committee on Rights and Privileges.
Mr. GLASGOW introduced a bill [H. R. 194] to repeal section 18 of the act of May 14, 1852, regulating descents and the apportionment of estates.
It was referred to the Committee on the Organization of Courts.
Mr. HENDERSON introduced a bill [H. R. 195] to amend the first section of the act to incorporate the University of Notre Dame du Lac at South Bend, St. Joseph county, Indiana, approved July 14, 1844. [It authorizes the corporators to hold real estate not to exceed $300,000 in value.]
It was referred to the Committee on the Judiciary.
Mr, HOLLINGSWORTH introduced a, bill [H. R. 196] to prevent injurious results arising from the use of intoxicating liquors by public officers. [Officer to qualify by this additional oath: "I further swear or affirm that I will not use intoxicating drinks to the detriment of my official duties during my term of office."]
It was referred to the Committee on Temperance.
Mr. COLE introduced a bill [H. R. 197] to regulate the fees of certain officers therein named, and repealing former acts in relation thereto.
It was referred to the Committee on Fees and Salaries.
Mr. RIGGS introduced a bill [H. R. 198] to amend sections fifteen, nineteen, thirty-one and forty-nine of the act of May 12,1869, to provide for the organization of savings banks.
It was referred to the Committee on Banks.
Mr. RUDDER introduced a bill [H. R . 199] concerning the office of County Recorder. [Deeds must be recorded within thirty days.]
It was referred to the Committee on Fees and Salaries.
LAND SALES CLAIM.
Mr. BRANHAM submitted a joint resolution in relation to the two per cent. claim bill of Ohio, Indiana and Illinois, now pending in Congress, instructing our Senators and Representatives in Congress to vote for and use their influence to procure the passage of said bill speedily.
Mr. MILLER asked for information.
Mr. BRANHAM said: It is only asking our Senators and Representatives to place our State, with the States of Ohio and Illinois, on the same footing with other land States. The interest of the State of Indiana in this matter of two per cent. on the sales of the public lands is about $400,000.
The joint resolution was adopted on the part of the House of Representatives--yeas 92, nays 0.
JUDICIAL APPORTIONMENT.
Mr. WOOLLEN submitted a concurrent resolution for the appointment of a joint special committee of six Representatices and three Senators, to equalize the judicial circuits and districts of the State, upon the basis of 60,000 in habitants and forty weeks service time of the judge.
It was laid on the table by request.
Mr. BAKER submitted a resolution instructing the Committees on Judiciary and Insurance to inquire what measures are necessary for the establishment of a bureau of insurance, and the protection of holders of policies, and to report by bill or otherwise.It was adopted.
ORDERS OF THE DAY.
The SPEAKER laid before the House a communication from the Governor, recommending the passage of a proposition like Mr. Branham's joint resolution in relation to the two per cent. land sales claim of the State.
page: 199[View Page 199]The court bill [S. 8] passed the House without amendment; yeas, 80; nays, 0.
Mr. Kimball's Governor's salary bill [H. R. 166] was ordered to be engrossed.
The bill [H. R. 164] to amend section two of the act concerning the organization of voluntary associations [naming the character of associations that may so organize], was taken up.
Mr. WALKER desired to amend this bill in the third section, by inserting these words: "Or to establish institutions for the medical treatment of males or females."
The amendment was adopted, and the bill was ordered to be engrossed.
The Governor's house rent bill [H. R. 165] was ordered engrossed.
IMPROVEMENT OF THE WABASH RIVER.
Mr. CAUTHORN submitted a joint resolution in relation to an appropriation by Congress ($250,000) for the improvement of the Wabash river. Passed; yeas, 83; nays, 5.
Mr. KIMBALL obtained unanimous consent to return his funded debt bill [H. R. 181] with an amendment recommended by the Committee on Ways and Means, to fill the blank with the words "five hundred."
The amendment was adopted, and the bill was ordered to be engrossed.
The House then took a recess till 2 o'clock p. m.
AFTERNOON SESSION.
The SPEAKER called the House to order at 2 p. m.
Mr. GIVAN moved to take from the table Mr. Furnas' bill [H. R. 56] appropriating $20,000 annually to the State University at Bloomington.
The motion Was agreed to.
The bill was read the second time, and ordered to be engrossed.
NEW BILLS.
Mr. MELLETT introduced a bill [H. R. 200] to authorize and empower County Commissioners to equalize the bounties to soldiers.
It was referred to the Committee on Federal Relations.
Mr. COBB introduced a bill [H. R. 201] to exempt fire engine houses, fire engines, and other apparatus for the extinguishment of fires, from sale under execution.
It was referred to the Judiciary Committee.
Mr. PFRIMMER introduced a bill [H. R. 202] to amend the act prescribing the duties of coroners.
It was referred to the Judiciary Committee.
INDIANA CENTENNIAL ASSOCIATION.
Mr. Kimball's bill [H. R. 6] creating the Indiana Centennial Association was taken up in order and finally passed the House--yeas 76, nays 0.
FRANKLIN INSURANCE COMPANY.
Mr. Kimball's bill [H. R, 36] to amend sections one, six and sixteen of the act to incorporate the Franklin Insurance Company, approved February 13, 1851, was taken up on the third reading.
Mr. MILLER understood that one purpose of this bill is to make the charter of this company perpetual.
Mr. KIMBALL. It is an old charter, passed before the adoption of the present constitution. The charter ran for fifty years. The company was located in Franklin, in Johnson county. There is an alteration in the term of the charter; it is proposed to make it perpetual, but this does not take it beyond the control of the Legislature. It was desirable to change the location from Franklin to this city, and to fix the limit of the capital at $500,000; also also to so change it that each shareholder vote the full amount of his stock. It is not a life; but a fire insurance company.
The bill was passed the House--yeas 75, nays 2, with an amendment of the title, striking out the word "sixteen."
EARLIER WORK ON THE ROADS.
Mr. Ellsworth's bill [H. R. 59] to amend section six of the act to amend the act to provide for the election or appointment of supervisors, etc., was taken up on the third reading.
Mr. BUSKIRK desired to hear some explanation of the bill.
Mr. GLASGOW. I am not the author of the bill--he is not present. All the difference between this bill and and the law as it now stands is this; it permits some of the road work to be done in the month of March or April--commencing two months earlier. That is all the change.
Mr: MELLETT. It is a well known fact; that, as the law now stands, the busiest time in the year is the time it requires men to work the roads.
The bill was finally passed the House of Representatives--yeas 51, nays 30.
CHANGE OF VENUE EXPENSES.
Mr. North's bill [H. R. 130] relating to expenses incurred by change of venue, providing that the county from which such change is taken shall be responsible for the page: 200[View Page 200]costs, including the charge for keeping the prisoner, etc., was taken up on the third reading and finally passed the House of Representatives--yeas 69, nays 14.
RAILROAD CROSSINGS.
Mr. North's bill [H. R. 144] providing that when it becomes necessary for one railroad to cross another, the company owning the road last constructed shall bear the expense of making such crossing, and that subsequent costs for keeping the same in order shall be borne equally, was taken up in its order on the third reading, and finally passed the House of Representatives--yeas 84, nays 6.
GOVERNOR'S COMPENSATION.
On motion of Mr. CAUTHORN, the order of business was suspended for the consideration of messsages from the Senate.
The bill [S. 124] an act defining what shall be the salary of the Governor, and making provision for the payment of the same. [$8,000 a year for services and house rent, to be drawn quarterly] was taken up and considered on the first reading.
On motion of Mr. BRANHAM (the restrictions being suspended for the purpose) the bill was finally passed the House of Representatives, without amendment--yeas 85, nays 1.
The bill [S. 38] in reference to the sale of certain real estate, to provide a residence for the Governor, and to make an allowance in lieu thereof, was taken up and read the first time.
Mr. CAUTHORN moved that the rule be suspended and the bill put upon its passage.
The motion was agreed to; and then the bill was read the second and third times by title, and finally passed the House of Representatives without amendment--yeas, 85; nays, 0.
On motion of Mr. CAUTHORN the bills of the House numbered 164 and 165, relative to the compensation of the Governor, which were ordered to be engrossed this morning, were taken up and laid on the table.
The SPEAKER laid before the House a communication from the Secretary of State transmitting a price list of stationery being furnished to members.
CITY SCHOOLS--LIBRARIES.
Mr. WALKER'S bill [H. R. 155] providing for a system of common schools in cities of 8,000 inhabitants and over, for the election of School Commissioners for such cities, for a school library etc., was taken up and read the third time.
Mr. WALKER. It is an exact copy of the bill passed at the last session, providing for a system of common schools in cities of 30,000 or more inhabitants, which had also a provision by which cities of less than 30,000 might avail themselves of its provisions; but this provision was held to be defective for want of a perfect title. At present the Common Council appoint the School Board, which becomes an occasion of a good deal of political manoeuvering. This bill is to take this out of the hands of the politicians, and give to the people the opportunity of voting directly for the School Board.
Mr. HOLLINGSWORTH moved to recommit the bill with instructions to inquire whether the plan proposed is not too expensive, and whether the proposition is not in other respects inexpedient.
On motion of Mr. BAKER, the motion to recommit was laid on the table.
And then the bill was finally passed the House of Representatives--yeas 72, nays 4.
Messrs. Blocher, Cline and Pfrimmer obtained leave of absence till Monday.
A message was received from the Senate announcing the signing by the President of the House bill in relation to the completion of unfinished business by the next regular or special session.
On motion of Mr. CLARK, the claims the J. M. & I. R. R. Co., for transportation, were, by consent of the House, again referred to the Committee on Claims.
Mr. CAUTHORN presented the claims of the witnesses summoned in the Carroll county case for pay and mileage, and asked that they be referred to the committee on Public expenditures.
It was so ordered.
On motion of Mr. GIVAN, the House then adjourned till to-morrow at nine o'clock.
