THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
SATURDAY, December 14, 1872.The House was calsed to order at 9 a. m. by the SPEAKER, and prayer was offered by Rev. H. R. Naylor, pastor of Meridian street M. E. Church.
REPORTS FROM COMMITTEES.
Mr. SATTERWHITE, from the Committee on Banks, returned Mr. Givan's bill [H. R. 60] to provide for the assessment and collection of taxes on the capital stock and shares of stock in all banks and associations doing banking business in the State, etc., reporting that the matter of the bill is embraced in a bill that has already passed the house, (the bill to provide for the uniform assignment and collection of taxes reported from the Committee on Ways and Means.) and therefore he recommended its indefinite postponement.
Mr. GIVAN hoped the report would not be concurred in. The general tax law made no provision for the manner in which national banks should be taxed. The law was merely silent upon the subject, and only permitted them to be taxed.
The report of the Committee was not concurred in, and the bill ordered to the engrossment.
Mr. HEDRICK, from the Committee on Rights and Privileges, reported back Mr. Barrett's bill [H. R. 82] to repeal the fish protection law, with the recommendation that it be indefinitely postponed.
The SPEAKER. That matter has already been once indefinitely postponed.
On a motion of Mr. RICHARDSON, the report was laid on the table.
Mr. HEDRICK returned Mr. Gifford's bill [H. R. 227], providing for the payment to Township Trustees of all moneys collected for general or special purposes, except such as are collected for State and county revenue, with an amendment, adding to the title these words: "and declaring an emergency."
The SPEAKER. You can't amend the title till after the bill has passed. Send the papers back for correction of the report.
Mr. HEDRICK immediately returned the bill by the messenger with his report corrected by the erasure of the titular amendment, leaving in the report simply the recommendation for the passage of the bill.
The report was concurred in and the bill ordered to the engrossment.
Mr. OGDEN, from the Committee on Corporations, returned the bill [S. 3], to amend section 4 of the act concerning the organization and perpetuity of voluntary associations, and repealing the acts of 1855 and February 12, 1867, recommending passage. It was passed to the third reading.
Mr. GIFFORD, from the Committee on Cities and Towns, returned Mr. Peed's bill [H. R. 185] to legalize the acts of the Board of Trustees of the town of Huntersburg, in Dubois county, and all other towns of the State similarly situated in regard to the legality of assessments for school and other purposes, with a recommendation that it pass. It was ordered to be engrossed.
page: 286[View Page 286]THE CARROLL COUNTX CASE--JOSEPH A. SIMS
Mr. RICHARDSON, from the special committee on that subject, reported the following:
The committlee to whom was referred the investigation of the disposition of certain moneys alleged to have been collected upon judgments obtained in the Carroll Circuit Court on the relation of John D. Evans, Auditor of State, against Joseph Evans, and William Dunible, executors of Samuel Gaines, late of Carroll county, Indiana, begs leave to report: That Joseph A. Sims came in person and upon his oath testified that he had been employed upon a written contract with T. B. McCarty, Auditor of State, G. W. Hoss, Superintendent of Public Instruction, together with Barnabas Hobbs, also Superintendent of Public Instruction of the State of Indiana; and that as such attorney he instituted the suit above named, prosecuted the same to judgments amounting to $11,199, and collected the same--paying into the Treasury $700, retaining the remainder $10,399, for his services as attorney in the above suits, and which he claims in accordance with the provisions of the contract aforesaid. And we further state that the records of the Court in Carroll county, together with the statements of other witnesses, and the receipts given by Joseph A. Sims to William Dumble upon the receipt of the mouey, all corroborate the statement of Joseph A. Sims.
Your committee being of the opinion that the validity of the contract upon which said money was obtained, as well also as whether the officers of State transcended their powers in entering into the contract with Sims, are questions to be determined by legal tribunals only; therefore, your committee would present herewith a record of the evidence, together with a copy of the contract aforesaid, and recommend the adoption of the accompanying resolution on the partof the House of Representatives--requesting for themselves to be discharged, etc.
Resolved, That the Attorney General of the State be, and he is hereby, requested to make all necessary investigations as to the legality of the disposition of the money collected upon the judgments obtained in the Carroll County Common Pleas Court on the relation of John D. Evans vs. Joseph Evans and William Bumble, executioners of Samuel Grimes, late of Carroll county, deceased; and if in his opinion the money retained by Joseph A. Sims can be recovered, or any considerable portion of it, either from Sims or from the parties in contract with said Sims for the collection of said money, that the said Attorney General, by and with the advice and consent of the Superintendent of Public Instruction, Secretary of the Stave and the Governor, shall institute suit for the recovery of the same. The report was concurred in and the resolution adopted.
Mr. KING, in behalf of the Committee on Railroads, returned Mr. Isenhower's bill [H. R. 117] supplemental to the act of May 12, 1869, to authorize aid in the construction of railroads by counties and townships taking stock therein, etc., recommending that it be laid on the table, and that the following be substituted therefor, viz.: A bill [H. R. 235] supplemental to the act to authorize aid in the construction of railroads, etc., approved May 12, 1869: which was read the first time.
Mr. THOMPSON, of Elkhart, suggested that the bill be laid aside for the consideration of the similar bill from the Senate--the bill [S. 25] which is now on the third reading.
On motion of Mr. PEEP, the substitute bill [H. R. 235] was laid on the table.
COUNTY RAILROAD AID STOCK.
The bill [S. 25] to refund money raised by taxation for railroads to the tax payers, to require railroad companies to issue certificates of stock to the counties and townships for such aid, and to issue certificates for unclaimed stock subscribed and paid under the provisions of act of May 12, 1869, was then taken up and read the third time. (The unclaimed stock to go to the local school fundsuch certificates to be issued to the townships in proportion to their number of school children from 6 to 21 years.)
Mr. SHIRLEY submitted an amendment to the seventh section, inserting a clause to this effect: "The stock so issued being involuntary, no personal liability shall follow to the holders thereof for any debt contracted by the said railroad companies."
Mr. PEED. There is no occasion for the amendment. This act compels no party to take these certificates. Where there is danger let the parties refuse to take it.
Mr. LENFESTY had been opposing this bill till this amendment was offered. It is very important. Gentlemen know, that when a railroad has contracted for labor, every stockholder becomes liable for that labor after the assets of the railroad have been expended. By accepting these certificates every farmer in the country may become a stockholder, and if a stockholder is liable for the debts of the road, he becomes liable to the workmen thereon to the extent of all he possesses. Now, this amendment provides against that liability.
The amendment was adopted.
On motion of Mr. PEED, the bill was considered as engrossed and the bill, as amended, was read the third time and finally passed the House of Representatives.
On motion of Mr. THOMPSON, of Elkhart, the matter just laid on the table, viz.: the committee bill [H.R. 235] supplemental to the act to authorize counties and twonships to aid in the construction of railroads, etc., approved may 12, 1869, was taken up and (there being had a suspension of the constitutional restriction,) the bill was carried through the readings and passed the House of Representatives--yeas, 70; nays, 0.
[This bill provides that in cases where money has been collected by tax for county or township aid to railroads, and has remained in the treasury unclaimed two years, it shall be redistributed to the tax- page: 287[View Page 287]payers in the proportion in which it was collected--provided that the County Commissioners or Township Trustees may determine to cover the same into the general fund of the county or township, as the case may be, in which case the tax-payers from whom the money was collected shall have credit for such amounts as are paid by them in the collection of future taxes.]
CLAIMS.
Messrs. Riggs, Lenfesty, Hedrick and Cobb, from the Committee on Claims, severally reported for allowance of claims, to wit: The claim of James N. Kimball for $250, on account of legal services; the claim of Henry Colman, for $15; the claim of the Sunday Post publishers, for $780 95; the claim of E. B. Beauchamp, for 108--reduced to $81; the claim of C. W. Wrightson, for $40; the claim of W. P. & E. P. Gallup, for $112; the claim of the Jefferson Railroad Company, $65 55, which claims, as recommended, were severally allowed, and referref to the Committee on Ways and Means, with instructions that they be incorporated into the specific appropriation bill.
Mr. COBB returned the claim of Barber and Jacobs for $2,800 for legal services, recommending that it be allowed and incorporated into the specific bill; but objection being made, it was referred to the Committee on the Judiciary.
Mr. OFFUTT submitted a motion to reconsider the vote on which the House adopted the report of the Committee on Claims reducing the claim of Jonathan W. Gordon, to $250, desiring to recommit the report so that Mr. Gordon can be heard before the committee.
The report was withdrawn by unanimous consent.
Mr. HELLER submitted a resolution that the Senate be requested to take up Mr. Wilson of Ripley's per diem and mileage bill, and finally dispose of the same.
The SPEAKER. It is against the rules--can't be entertained.
Mr. OFFUTT moved to reconsider the vote by which Mr. Edwards of Lawrence's bill [H. R. 95] repealing the act authorizing counties and townships to vote aid for railroads, was made the special order for Wednesday.
The motion was agreed to.
And then, on the motion of Mr. KING, it was made the special order for Monday afternoon.
Mr. COBB moved that when the House adjourns it will be till two o'clock Monday p. m.
It was agreed to.
The SPEAKER took up the call of the counties and districts for--
NEW PROPOSITIONS.
Mr. HELLER introduced a bill [H. R. 236] to provide for the taking of the sense of the qualified voters for the call of a convention to alter or amend the Constitution of the State (at the general election of 1874).
It was referred to the Committee on County and Township Business.
Mr. WESNER introduced a bill [H. R. 237] to amend section 19 of the act of 1854, prescribing the powers and duties of Justices of the Peace (proposing to authorize Justices of the Peace to imprison for non-payment of fines).
It was referred to the Committee on the Judiciary.
Mr. WESNER introduced a bill [H. R. 238] to amend section 19 of the act of May 12, 1862, regulating descents and the apportionment of estates (if the assets of the deceased husband do not exceed $1,000 it shall go without administration, etc.).
It was referred to the Committee on the Judiciary.
Mr. MARTIN introduced a bill [H. R. 239] to prevent the establishment of slaughter houses, etc., by which running water is made impure or corrupt within the distance of four miles.
It was referred to the Committee on the Judiciary.
Mr. MILLER submitted a resolution, which was adopted, that the Committee on Railroads be requested to inquire and report what legislation is necessary to protect property from fire communicated by sparks from locomotives.
Mr. ELLSWORTH presented a temperance petition.
Mr. SHUTT presented a claim, and (under the rules) they were referred without reading.
Mr. CLARK presented the petition of sundry voters and citizens for a stringent temperance law.
Mr. OFFUT submitted a resolution directing the principal clerk, doorkeeper and chairmen of the various committees of the House to report the number of employes under them, together with a statement of their duties and the necessity of their continued employment--the report to be made at 2 p. m. Monday. It was adopted.
Mr. COBB submitted a resolution authorizing mernbers to retain the statutes held by them during the coming regular session. It was adopted.
Mr. WOOLLEN moved to reconsider the vote by which his County Bonds bill No. 10 was referred, with instructions, to the page: 288[View Page 288]Committee on Education, so that the instructions might be amended by changing the "two-thirds" to a "majority of the free holders."
The SPEAKER. Write out your instructions and give them to the Committee on Education.
Mr. WOOLLEN, I will do so by the consent of the House.
JUDICIAL APPORTIONMENT.
Mr. WOOLLEN. I move to take from the table the resolution to provide for raising a committee to inquire into the matter of re-circuiting and re-districting the State for judicial purposes.
The resolution was sought for, but not found, by the Clerk.
The SPEAKER. The resolution cannot be found, so the matter will be passed over for the present.
Mr. CLAYPOOL introduced a bill [H. R. 241] to give security to persons who contract with railroads and other incorporated companies fur labor in grading, building, building embankments, making excavations, or bridge and trusael work. (It gives a lien on such works, on the materials furnished and on the interest of the railroad company in the land on which the labor has been performed.)
It was referred to the Judiciary Committee.
Mr. WOOLLEN introduced a bill [H. R. 242] concerning promissory notes payable in banks. [All persons who place their names on the back of promissory notes in bank shall be deemed endorsers, and not otherwise.]
It was referred to the Committee on the Judiciary.
Mr. TROUTMAN submitted a preamble and resolution, reciting that the national banking system does not afford an adequate circulating medium, and that public propriety required legislation for remedy; and therefore requesting the Judiciary Committee to inquire what legislation is necessary to establish a banking system similar to the national banking system.
On motion of Mr. MILLER, it was laid on the table.
Mr. TEETER introduced a bill [H. R. 243] to repeal the act of February 26, 1857, to provide for the protection of wild game and define the time in which the same may be taken and killed, and to repeal the amendatory act of March 11, 1867.
It was referred to the Committee on Agriculture.
Mr. PEED introduced a bill [H. R. 244] to amend section 10 of the act of March, 6, 1865, to provide for a general system of common schools.
It was referred to the Committee on Education.
Mr. JOHNSON introduced a bill [H. R. 245] to provide for the paroling of prisoners who may be confined in the county jails for the non-payment of fines which may have been adjudged against them for any public offense against the penal laws of the State. (The Governor may grant leave of absence which shall be filed with the County Clerk, revokable at the pleasure of the Governor.)
It was referred to the Committee on the Judiciary.
Mr. JOHNSON, a bill [H. R 246] concernng the granting of pardons by the Governor. (The Governor to grant pardons revokable at his pleasure.)
It was referred to the Committee on the Judiciary.
Mr. JOHNSON introduced a bill [H. R. 247] in relation to the selection of jurors in certain cases therein named. (No person shall be dfsqualified to act as a juror on trials for treason or murder on account of his opinions or scruples as to capital punishment.)
It was referred to the Committee on the Judiciary.
Mr. JOHNSON introduced a bill [H. R. 248] for the preservation of evidence in certain cases; providing for the appointment of official reporters in the Courts of this State and providing for their compensation. (The Judges of the Courts in a city of not less than 40,000 inhabitants may appoint, etc, estimate and make the allowance of compensation, etc.)
It was referred to the Committee on the Judiciary.
Mr. CAUTHORN introduced a bill [H. R. 249] to fix the salary of the Judges of the Supreme Court of Indiana. He intimated his desire to fill the blank with $4,000 for information.
Mr. KING suggested $5,000.
The SPEAKER suggested that the time for amendments is on the question for the second reading.
Mr. BRANHAM moved a suspension that the bill be read the second time now.
Mr. WALKER. This ought to go through with the other bills for the compensation of all the judges.
The rules and constitutional restriction were dispensed with--yeas 60, nays 26--and the bill was read the second time by title.
Mr. CAUTHORN now moved to fill the blank with $4,000. Mr. SHIRLEY moved for $4,500. Mr. KING for $5,000. The page: 289[View Page 289]latter amendments were rejected, and Mr. Cauthorn's was adopted.
Mr. THAYER submitted a motion that the bill be referred to the Committee on Fees and Salaries. I am in favor of this bill, but I am afraid we can't pass it singly--without the propositions for raising the salaries of other judges; and I think it is just as important that the Common Pleas and Circuit Judges should have reasonable remunerations.
The motion prevailed, and the bill was referred to the Committee on Fees and Salaries.
Mr. LENT introduced a bill [H. R. 250] to amend sections 1, 2, 3, 4, 8 and 18 of the act to authorize aid in the construction of railroads by counties and townships taking stock therein, approved May 12, 1869.
It was referred to the Committee on Railroads.
Mr. SCHMUCK introduced a bill [H. R. 10] to promote emigration to the State of Indiana. (The Governor and State officers to be a Board of Emigration.)
It was referred to the Committee on Statistics and Emigration.
Mr. WHITWORTH introduced a bill [H. R. 252] to amend the act in relation to change of highways.
It was referred to the Committee on Roads.
Mr. OGDEN introduced a bill [H. R. 253] to amend the act defining the powers and duties of Justices.
It was referred to the Judiciary Committee.
Mr. RIGGS introduced a bill [H. R. 254] to amend the act of 1852, to incorporate the Lawrenceburg Insurance Company. (To make it the Citizens' Insurance Company, and to remove its business to Evansville).
It was referred to the Committee on Insurance.
Mr. BAXTER presented a petition for a prohibitory liquor law, and another from the Society of Friends asking the abolition of capital punishment.
Mr. WALKER called up Bill 233, to divide the State into thirteen Congressional Districts, and it was referred to the Committee on Elections.
Mr. WILSON, of Ripley, asked that Bill 214, relating to descents and apportionments of estates be referred to the Committee on Organization of Courts.
It was so ordered by unanimous consent.
A message was received from the Senate announcing the passage of sundry bills.
Also, the passage of Mr. Woods' Sixteenth District Common Pleas Court bill [H. R 32] with an amendment--a clause for emergency for its immediate operaton.
The Senate amendment was concurred in by unanimous consent.
The bill [S. 115] was taken up on first reading, but proceedings were interrupted by the reception of another message from the Senate, announcing the singing by the President of sundry bills, and submitting the same for the signature of the Speaker of the House of Representives.
At the conclusion of the reading of the message, Mr. Wilson, of Ripley, moved to adjourn.
The motion was agreed to, and according to previous order the House adjourned till Monday, two o'clock p. m.
