THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
MONDAY, December 16, 1872.The House met at 2 o'clock P. M., pursuant to adjournment.
On motion of Mr. OFFUTT, the reading of the journal of Saturday was dispensed with.
The SPEAKER announced the consideration of the special order, viz: Mr. Edwards of Lawrence's bill [H. R. 96] to repeal the act to authorize aid in the construction of railroads by county and townships taking stock therein, etc.
Mr. WALKER. I move to postpone the further consideration of this bill till the next regular session. I have no interest in it myself, nor has my colleague, or the people of my county, one way or another. I desire to have a little further light on the subject. I am not willing just now to vote in favor of the repeal of the law to authorize counties and townships to aid in the construction of railroads, while I am satisfied that it ought to be further guarded and restricted. I have had no talk with my people about it, and my colleague informs me that he has no advice from them. I know of know necessity for urging it. I can't see that delay will be hazardous to anybody. I would prefer to be sufficiently advised to vote intelligently on the subject.
Mr. BRANHAM hoped the motion would prevail, and was satisfied that the House is not in possession of the facts necessary to an intelligent action. It is a question of much more importance than it is likely will be given to it, and there is no special danger in delay.
Mr. KING moved to lay the motion to postpone on the table, but he was induced to withdraw the motion, for debate.
Messrs. Woodard, Crumpacker and Lenfesty merely concurred in the foregoing remarks.
Mr. BRANHAM demanded the yeas and nays, which were ordered and resulted--yeas, 64; nays, 18--as follows:
Yeas--Messrs. Anderson, Baker, Barrett, Baxter, Blocher, Bowser, Branham, Broadus, Butterworth, Cauthorn, Clark, Claypool, Cline, Cobb, Cole, Cowgill, Crumpacker, Dial, Durham, Ellsworth, Glasgow, Glazebrook, Goble, Gronendyke, Hatch, Hedrick, Heller, Hollingsworth. Hoyer, Johnson, Jones, Kirkpatrick, Lenfesty, Martin, McConnell, McKinney, Miller, North, Peed, Prentiss, Reeves, Reno, Richardson, Riggs, Rudder, Rumsey, Schmuck, Scott, Shutt, Spellman, Stanley, Tingley, Thompson, of Spencer, Troutman, Tulley, Walker, Wesner, Whitworth, Willard, Wilson, of Blackford, Woord, Woollen, Wynn--64.
Nays--Messrs. Billingsley, Coffman, Edwards, of Lawrence, Furnas, Givan, Gregory, Henderson, Kimball, King, Lent, Offutt, Ogden, Pfrimmer, Shirley, Teeter, Thayer, Thompson, of Elkhart, Mr. Speaker--18.
So the bill was postponed.
EMPLOYES OF GENERAL ASSEMBLY.
On motion of Mr. LENFESTY, the bill [S. 145] in relation to the organization of the two Houses of the General Assembly, prescribing the number of officers and employes of the two Houses of the General Assembly, and regulating their duties, was taken up and read.
Mr. WALKEK moved to dispense with the constitutional restrictions, that it may be read the second and third times and put upon its passage.
page: 301[View Page 301]The motion was agreed to, and the bill having been read the second time by title--
Mr. WALKER moved to amend by striking out that part which relates to the clerks of the standing committees of the Senate and House.
After debate by Messrs. BRANHAM, LENFESTY, HELLER and others, the amendment was adopted.
Mr. COLE proposed further to amend in section 2 by striking out "four," and inserting "five" in lieu--relating to the number of copying clerks in the House.
It was adopted--affirmative 47, negative 26.
The question being on the final passage of the bill--
Mr. BUTTERWORTH considered the number of doorkeepers insufficient.
Mr. OFFUTT obtained unanimous consent to introduce into these proceedings, in an informal way, the reports from the Clerks, Doorkeeper and Chairmen of the Standing Committees, as to the number of their employes, as required by his resolution of Saturday.
The Assistant Clerk reported 7 assistants; the Doorkeeper, 21 employes; the Ways and Means Committee, 2 clerks and 1 janitor; the Judiciary Committee, 1 clerk and 1 janitor; the Committee on Education, 1 clerk, and the Committee on Claims, 1 clerk. There were also reported 10 assitants to the Principal Clerk.
The total number as reported was 44, and the SPEAKER announced the total number of the employes of the House to be 56, as indicated by the pay warrants, and the discrepancy was explained. This was explained by the facts that warrants have been drawn under resolutions of the House to pay the services about the organization, etc.
Mr. CAUTHORN moved to amend further by striking out from the bill sections 7, 8, 9, 10,11, for the reason that these sections embrace precisely the matter of his bill [H. R. 119] which has passed both Houses--having just been returned from the Senate with clerical amendments of the title. His bill [H. R. 119] simply provides for the organization of the General Assembly and to that extent was precisely the same as the law of Ohio and Illinois. This bill which comes now from the Senate seems to make an exception in favor of the officers of this session of the General Assembly, to make it their duty to organize the next session. And if they come on and do the work they must be paid for it.
Mr. WILSON, of Ripley, said the provision that the President of the Senate and the Speaker of the House shall organize at the succeeding session could not involve expense, these officers being members of the General Assembly. He regarded this bill as a step in the right direction, and would avoid amendments that might not better it, and would certainly make delay.
Mr. MILLER. Instead of being a step in the right direction, it might prove to be overstepping it. As for the part proposed for the President of the Senate and the Speaker of the House of Representatives, he did not so much object to that, but as to clerks and police--a standing provision., could hardly stand long. He would stand by the Cauthorn bill.
Mr. OFFUTT. The bill of the gentleman frem Knox, provides simply for the organization, and this Senate bill comprehends that and provides for the running force of the General Assembly. There is no difficulty about re-enacting the same matter, because the last expression is the will of the General Assembly.
The amendment was adopted on a division--affirmative, 41; negative not reported.
Mr. KING proposed further to amend the bill by increasing the number of engrossing clerks for the principal clerk of the House from three to four.
Mr. CAUTHORN made an ineffectual motion to lay it on the table, and the amendment was finally adopted--yeas, 43; nays, 38.
The bill, as amended, was finally passed by the House--yeas, 77; nays 4--with an amendment of title, as required by Mr. Cauthorn's amendment, viz.: Striking out these words: "In relation to the organization of the two Houses of the General Assembly."
On motion of Mr. CAUTHORN, the House concurred in the Senate amendment to the title of this organization bill [H. R. 119] making it "an act," instead of a "bill."
SECOND JUDICIAL CIRCUIT.
On motion of Mr. RUDDER, the second Circuit Court bill [S. 118] was taken up and (the restrictions having been removed for the purpose) it was finally passed the House of Representatives without amendment.--Yeas, 78; nays, 3.
TIPPECANOE BATTLE GROUND.
On motion of Mr. COLE, the bill, [S. 45] to provide for the permanent enclosure of the Tippecanoe battle ground, was taken up and referred to the Committee on the Battle Ground.
page: 302[View Page 302]CALUMET FEEDER DAM.
The SPEAKER laid before the House a communication from the Attorney General in relation to the Calumet feeder dam, which was referred to a special committee, to wit: Messrs. Wood, Coffman and Crumpacker.
COMMON SCHOOLS.
Mr. MELLETT obtained unanimous consent to return from the Committee on Education his bill [H. R. 55] to amend the common school law, which he did, reporting sundry amendments thereto, which were adopted.
On motion of Mr. BRANHAM, the bill, as amended, was laid on the table, and it was ordered that 200 copies be printed.
INDIANA UNIVERSITY.
Mr. HATCH, by leave, introduced a bill [H. R. 255] supplemental to the act for the relief of the Indiana University, and increasing and extending its benefits by providing for the sale of the unsold University lands donated by the Congress of the United States.
THE JUDICIARY.
Mr. WOOLLEN asked and obtained leave to introduce a bill [H. R. 256] to regulate the order of business in the Circuit and Common Pleas Courts; to authorize Judges to make orders for the the time of forming issues, etc.
On motion of Mr. EDWARDS, of Lawrence, the bill [S. 134] was taken up and referred to the Committee on the Organization of Courts.
A message was received from the Senate, announcing the passage in that body of the mileage and per diem bill [H. R. 73] with a clerical amendment of title, and it was taken up and concurred in.
The House then adjourned.
