THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
SATURDAY, December 7, 1872.The House met at nine o'clock, a. m.
The prayers by the Rev. Samuel Cornelius, pastor of the Garden Church of this city.
On motion of Mr. THOMPSON, of Elkhart, the reading of the journal of yesterday was dispensed with.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. WALKER, from the Committee on the Judiciary, returned Speaker Edward's bill H. R 148] defining certain felonies, and prescribing punishment therefor, compelling parties engaged therein to testify against others than themselves, declaring contracts with respect thereto, void, etc. [It provides that any city officer, township trustee, county commissioner or any other person holding a lucrative office, who may be interested in any contract for the construction of a school house or any public building, or who may receive any present, drawback, etc., on such contract, on conviction thereof, thereof, shall be deemed guilty of a felony, fined from $100 to $5,000, and imprisoned from two to ten years.] The Committee reported the bill back to the House without amendment, and recommended its passage.
It was ordered to the engrossment.
Also, Mr. Givan's petit jurors' selection bill [H. R. 171]; also, Mr. Kimball's bill [H. R. 152] to amend section 25 of the railroad corporation act of May 11, 1855.
Both were ordered to be engrossed, and the latter was amended by adding an emergency clause.
Mr. BUSKIRK returned Mr. Kimball's railroad act amendment bill [H. R. 151], recommending its passage.
On motion of Mr. KIMBALL. it was amended by adding an emergency.
It was ordered to be engrossed.
Mr. WILSON, of Ripley, returned Mr. Brett's bill [H. R. 170] to amend sections 157 and 654 of the practice act, with amendments. [The matter regulates attachments against absconding debtors. The amendments strike out and insert: "Except on the attachment; and provided, further, if the demand is not due the court shall adjudge the interest at the rate of six per cent. till it becomes due, etc.; and provided that if the demand shall be due at the time of the judgment, the plaintiff shall have judgment for the full amount." He also added an emergency clause.
The amendments were adopted and the bill engrossed.
Also, Mr. Walker's dentistry regulation bill [H. R. 159], with an amendment striking out that portion which might affect those now in the practice of dentistry; and so amended the committee recommend its passage.
The amendment was rejected, and then, on the motion of Mr. KIMBALL, the bill was indefinitely postponed.
Mr. CAUTHORN also returned Mr. Speaker Edwards' bill [H. R. 149] to amend sections thirty-nine arid one hundred and thirty-one of the criminal practice act of page: 208[View Page 208]June 17, 1852, recommending that it be laid on the table, and expressing the opinion that those sections as they now stand are all that is necessary on the subject.
The report was concurred in.
Mr. OGDEN, from the same committee, reported the bill [ H. R. 135 ] to amend the act providing for the redemption of real estate sold under execution, with the recommendation that it be indefinitely postponed.
The report was concurred in.
Also, Mr. Wilson of Ripley's bill [H. R. 179] to amend section one of the practice act, with the recommendation that it pass.
It was ordered to be engrossed.
Also, Mr. Gronendyke's bill [H. R. 125] to amend the act providing for the calling of special sessions of boards of county commissioners, with the recommendation that it be indefinitely postponed.
The report was concurred in.
Mr. MILLER returned Mr. Cauthorn's Legislative Journal bill [H. R. 167] with an amendment providing a penalty of $50 to $500 for the clerk's failure to return the original manuscript to the office of the Secretary of State.
The amendment was adopted, and the bill was ordered to be engrossed.
Also, Mr. Lenfesty's bill [H. R. 136] to amend section 647 of the practice act, adding an emergency clause.
The amendment was adopted, and the bill was ordered to be engrossed.
Mr. SHIRLEY, from the same committee, reported back Mr. Gregory's bill [H. R. 145] to amend the act providing for the opening of highways, with the recommendation that it lie upon the table.
The report was concurred in.
Also, Mr. Isenhower's bill [H. R. 175], relating to mortgages on real estate, with the recommendation that it lie upon the table.
The report was concurred in.
Mr. JOHNSON returned Mr. Butterworth's bill [H. R. 3] to repeal the corporation drainage act, and the act supplemental thereto of February 3, 1871, with amendments, striking out section 3, and inserting: all companies now organized under said act whose main line is ten miles or less in length may complete the works for which they are organized; and adding a clause of emergency recommending its passage.
The amendments were concurred in, and the bill was ordered to be engrossed.
Mr. JOHNSON moved that the further consideration of the bill be postponed and made the special order for Monday, two o'clock, p. m.
Mr. KIMBALL suggested Wednesday.
The SPEAKER, It will be on its passage when it comes up again--better take its place in the calendar.
OTHER COMMITTEE REPORTS.
Mr. EDWARDS, of Lawrence, from the Committee on the Organization of Courts, returned Mr. Wood's bill [H. R. 180] to abolish the grand jury system, reporting a motion that it be laid on the table.
The report was concurred in.
Mr. CLAYPOOL, from the same committee, returned Mr. Wilson of Ripley's first Judicial Circuit Court bill [H. R. 177] recommending its passage.
It was ordered to be engrossed.
Mr. SATTERWHITE, from the Committee on Banks, returned Mr. Riggs' bill [H. R. 198] to amend sections 15, 19, 31, and 49 of the act of May 12, 1869, providing for the organization of savings banks and the safe and proper management of their affairs, recommending its passage.
It was ordered to be engrossed.
Mr. SATTERWHITE stated that the single object of the bill is to make the statutes harmonize with the holiday provisions of Mr. Buskirk's bill [H. R. 64] which will become law--so that all notes, etc., falling due on those newly made holidays shall be deemed and treated as due the day previous--and so that business men and bankers may have equal chance with others to observe those days.
PER DIEM BILL.
Mr.WOODARD, from the Committee on Fees and Salaries, returned Mr. Wilson of Ripley's bill [H. R. 73], fixing the per diem and mileage of members of the General Assembly ($8); members providing their own stationery, recommending its passage.
The question being on the third reading:
Mr. RENO said: With all due deference for the opinions of my brother Representatives who differ with me as to the merits of this bill, I hope they will pardon me for saying, for I say it not in spirit of offense, but give it as my honest conviction, that it is unjust and impolitic for the members of this House to attempt of even to advocate the passage of this bill in the present session. And for this reason the constitution provides that if the General Assembly shall pass a law increasing their own pay, it shall not take effect during the session in which it was pased. Now it is clearly evident to every reflecting mind, that the true intent and meaning of this section in the Constitution was to protect the people from unscrupulous page: 209[View Page 209] legislation on this very subject. So that if members of the General Assembly voted themselves additional pay before they could reap the benefits of their own act, it would have to be submitted to the people for their confirmation or rejection. Governor Baker, who has so faithfully watched over the interests of the State, believing that he could further those interests by convening the Legislature, issued his proclamation for a call session. In obedience to that call we are now in session. An emergency has called us together to grotect the interests of the State. But we take advantake of that emergency and are trying to pass a bill through this session, and expect to reap the benefits of our own act in the next session, in direct violation of the spirit of the Constitution. Mr. Speaker, when our charitable institutions are amply provided for, and when there is money enough in the common school fund to give all the children in the State of Indiana six months' schooling in the year, instead of three as it nowv is, then I might vote for a bill increasing our own pay, but not until then. It is asserted by the friends of this bill that it will bring a higher order of political or statesmanlike talent into these legislative halls. I will admit that if the General Assembly raise their pay so as to cause men to seek for the office for its benefits, that, in all all probability, it may bring into these legislative halls a purer and more brilliant article of political gas. But as to its bringing a higher order of patriotism and practical common sense. I have my sincere doubts; therefore I hope the bill will not pass.
Mr. WILLARD demanded the previous question, but withdrew it at the request of
Mr. WOOLLEN. I am not unwilling, Mr. Speaker, to take rny part of this responsibility; and I desire to say distinctly that I am in favor of this bill, and I should be more in favor of it were it for $10 a day. If the Legislature do not put a proper estimate upon its services the people will not. The people should know that gentlemen can't afford to come to the Legislature if it is simply a question of money. And it is simply a question of honor or a question of pay. If it is a question of honor alone, let us come in here, pay our own expenses and go out with credit and honor. But if it is a question of pay as well, the State is able to pay and she ought to pay well. With regard to the objects of this special session, called by the Governor for special public emergencies, is it not a fact that the Governor has called our attention to his own compensation and the salary of his successors? And we have already recommended a bill for the Governar's benefit, and another to raise the salary of his successors. Is it possible, that, because we are afraid of some little delicacy in this matter, we will all say we are five dollar men? Sir, a clerk in any dry goods store may get as much. Who that has any business at all but can do better for himself than to come here for five dollars a day? It was well remarked in a little circle last night that members of the Legislature ought to be regarded at least as gentlemen--when they come here they should be expected to take life easy enough at least to live in a good house. They should not be compelled to go to the outskirts of the city to find places of living where they may avoid going into debt. I say again, that the State is able to compensate men for their services here. As for myself, I did not ask to come here, but was sent here against my wishes; and I put myself upon my inalienable rights; and if those who sent me here do not want me again, let them send somebody else. Then let us put such a value upon our services as will be sufficient to make them respectable. For it is becoming a matter that the people of the country are laughing at--so that a member of the Legislature is some man you have got to run down--as some man who can't earn a living at home, and comes here as a matter of makeshift.
VOICES : "Question--question."
The vote was then taken resulting--yeas 41, nays 45--as follows :
YEAS--Messrs. Anderson, Baker, Bowser, Cauthorn, Cobb, Coffman, Cole, Cowgill, Durham, Edwards, of Lawrence, Gifford, Gregory, Gronendyke, Hedrick, Henderson, Isenhower, Johnson, Jones, Kimball, Lent, Martin, Miller, Odle, Offutt, Ogden, Peed, Richardson, Riggs, Rumsey, Shirley, Spellman, Strange, Thompson, of Spencer, Walker, Wesner, Willard, Wilson of Ripley, Wood, Woodard, Woollen and Mr. Speaker--41.
NAYS--Messrs. Baxter, Billingsly, Branham, Brett, Broadus, Butterworth, Butts, Clark, Claypool, Crumpacker, Dial, Eaton, Ellsworth, Eward, Furnas, Givan, Glasgow, Glazebrook, Goble, Gondie, Hatch, Heller, Hollinsworth, King, Kirkpatriok, Lenfesty, McConnell, McKinney, Mellett, North, Prentiss, Reeves, Reno, Rudder, Satterwhite, Schmuck, Scott, Shutt, Stanley, Teeter, Tingley, Thompson of Elkhart, Troutman, Whitworth and Wilson of Blackford.--45.
So the bill was rejected.
Mr. RUMSEY, from the Committee on Rights and Privileges, returned the bill [H. R. 132] defining wife whipping, penalty, etc., with a motion that it be referred to the Judiciary Committee; and also Mr. Wesner's liquor license law amendment bill [H. R. 156] with a motion to refer it to the Committee on Temperance.
The reports were concurred in.
page: 210[View Page 210]Mr. OGDEN, from the Committee on Corporations, returned Mr. Thompson of Elkhart's bill [H. R. 105] to amend section eleven of the manufacturing and mining corporations act of May 25, 1852, with an amendment by way of substitute, viz: a bill [H. R. 203] supplemental to said act of May 25, 1852, which was passed to the second reading.
Mr. RICHARDSON, from the Committee on Corporations, returned Mr. Butterworth's Notre Dame charter amendment bill [H. R. 145], with a motion that it be laid on the table.
Mr. BUTTER WORTH moved that it be referred to the Judiciary Committee.
It was so ordered.
Mr. GIFFORD, from the Committee on Cities and Towns, reported back, with the recommendation that it pass, Mr. Baker's bill [H. R. 174] to amend the act for the incorporation of cities and towns.
It was ordered to the engrossment.
Mr. JOHNSON, from the Committee on Public Expenditures, returned the claims of Judson Applegate, Bernard Daily, and others, for compensation as witnesses before a committee of this House, with a motion for an order that they be referred to the Committee on Ways and Means, with instructions to put the said allowance into the specific appropriation bill.
Mr. BROADUS returned his Sixth District Common Pleas Court bill [H. R. 172] recommending its passage.
It was ordered to be engrossed.
Mr. BAXTER submitted a preamble and concurrent resolution for the reward of a thousand dollars to any architect who shall present to this General Assembly a plan and specifications for the construction of a new capitol--the same to be paid only to the architect whose plan shall be accepted; and that a joint committee of three on the part of the House, and two on the part of the Senate, be appointed to receive such plans and specifications and present them to the General Assembly at the regular session of 1873; provided, that no payment shall be made for any plans or specifications except such as shall finally be adopted.
Mr. BAXTER said as it was expected that some steps would be taken at the next session for a new State House, this is the best thing we can do to show what will be the expense of the new capitol.
Mr. RICHARDSON. I think it is use less. In the first place, no respectable architect will draw a plan fur such an extensive building without pay. I understand it is a rule with architects. But in addition to that objection the time is too short.
The resolution was adopted.
The SPEAKER took up the call by counties and districts for
NEW PROPOSITIONS.
Mr. GIFFORD introduced a bill [H. R. 204] to legalize sales of real estate by guardians, under orders defective in not prescribing notice and without finding that the interests of wards would be promoted by dispensing with such notice, etc.
Mr. ELLSWORTH introduced a bill [H. R. 205] to divide the State into Congressional Districts.
It was referred to the Committee Elections.
Mr. CAUTHORN submitted a resolution (which was adopted) that the principal Secretary of the Senate and the principal Clerk of the House of Representatives shall be allowed $150 cash for indexing and superintending the printing of the journals of the two Houses of the General Assembly; and that the Committee on Ways and Means be instructed to put said allowance in the specific bill.
Mr. KING presented a claim, and also a communication from the President of Terre Haute Railroad Company, which were referred without reading--the former to the Committee on Claims, and the latter to the Committee on the Judiciary.
Mr. EDWARDS, of Lawrence, introduced a bill [H. R. 206] to amend section one of the act to organize a Supreme Court and prescribe certain duties of theJudges thereof, approved May 13, 1842. (The Supreme Court shall consist of five Judges, three of whom shall form a quorum.)
It was referred to the Committee on the Organization of Courts.
Mr. SATTERWHITE introduced a bill [H. R. 207] to provide for the semi-annual collection of taxes (one-half on the first of January and the other on the first of July; provided that road taxes shall be paid in full on the first of January.)
It was referred to the Committee on Ways and Means.
Mr. SHIRLEY introduced a bill [H. R. 208] to legalize the acts of the Trustees of the town of Mooresville.
It was referred to the Committee on Corporations.
Mr. SHIRLEY introduced a bill [H. R. 209] relating to fencing railroads and placing cattle guards thereon. The object of the bill is to place the railroad company and the owners of land along their lines in the same position with regard to fencing, that the law places persons building and keeping in repair a partition fence
page: 211[View Page 211]It was referred to the Committee on Railroads.
Mr. BUTTS introduced a bill [H. R. 210] defining it as a misdemeanor to keep a house of ill fame, to rent or lease a house to be used as a house of ill fame, and prescribing certain rules of evidence in the prosecution of such offenses.
It was referred to the Committee on Reformatory Institutions.
Mr. BAXTER introduced a bill [H. R. 211] to amend the twentieth section of the act approved May 13, 1869, to establish a female prison and reformatory institution for girls and women, etc.
Mr. BAXTER introduced a bill [H. R. 212] supplemental to the act to establish a reformatory institution for girls and women.
It was referred to the Committee on Reformatory Institntions.
TWENTY-SEVENTH (CRIMINAL) JUDICIAL CIRCUIT.
Mr. GLASGOW returned from the Committee on the Organization of Courts Mr. Willard's bill [H. R. 61] to repeal the act of April 23,1869, to create the Twenty-seventh (Criminal) Judicial Circuit, with amendments, which were adopted.
Mr. WILLARD. This is a bill repealing the act establishing a criminal court for the counties of Clark and Floyd. It is the almost unanimous opinion of the people of those counties that that court is unnecessary. And it being necessary that they should be able to remove the business of that criminal court to the Civil Circuit Court in time for the January term, I move to suspend the restrictions that the bill may be considered on the third reading.
Mr. BAKER, having presented remonstrances against the passage of the bill, moved that its consideration be either postponed till next week, or that it be laid on the table; and (Mr. Willard consenting) it was laid on the table, taking its place in the calendar.
Mr. Anderson obtained leave of absence till Tuesday, Mr. Woollen till Wednesday, and Mr. Schmuck till Tuesday.
Mr. BILLINGSLY moved'the adjournment, and, according to the previous order, the House adjourned till Monday, two o'clock p. m.
