THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, November 13, 1872.This being the day and hour for convening the Forty-eighth General Assembly of the State of Indiana in extra session by proclamation of the Governor, dated Oct. 22, 1872, the members elect of the House of Representatives, being assembled in their hall in the Capitol, were called to order by Samuel W. Holmes, of Jackson county, Clerk of the House of Representatives of the last General Assembly. Mr. Holmes said: "It is my duty, as the Clerk of the last House of Reprentatives, to call this body to order and organize it. You have been called together in special session by the proclamation of the Governor, which reads as follows: [Mr. Holmes here read the proclamation concerning the Legislature in special session.] The members elect, as their names are called, will step forward, hand their credentials to the clerk, arrange themselves in front of the desk and remain standing until the oath of office is administered."
THE ORGANIZATION.
Under the CLERK'S order for the organization of the House of Representatives, the members elect were called by counties and representative districts, and they came forward, presented their credentials to the clerk and stood in the area in front of the clerk's desk in convenient numbers, as many as so arrange themselves conveniently at one time, whilst they were qualified by the official oath or affirmation of a member at the hand of Judge Buskirk, of the Supreme Court, in the following words:
You who swear, do swear in the presence of Almighty God, and you who affirm, do solemnly affirm, that you will, each of you, support the Constitution of the United States and of the State of Indiana, that you will honestly and faithfully discharge your duties as Representatives in the General Assembly, so long as you remain in officeyou who swear as you shall answer to God, and you who affirm, under the pains and penalties of perjury.
All the members elect (excepting Mr. Dial, of the county of Warrick,) responded to the call of the clerk, by counties and districts, as follows:
- For the county of Posey--James M. Whitworth.
- For the county of Vanderburg--James D. Riggs, George W. Wolflin.
- For the county of Warrick--Stephen D Dial.
- For the county of Gibson--C. A. Buskirk.
- For the county of Pike--John Barker.
- For the county of Knox--Henry S. Cauthorn.
- For the county of Daviess--Mathew L. Brett.
- For the counties of Martin and Dubois--Henry A. Peed.
- For the county of Spencer--William Thompson.
- For the county of Perry--Gabriel Schmuck.
- For the counties of Crawford and Orange--William M. Ellsworth.
- For the county of Washington--James Rudder.
- For the county of Harrison--William H. Pfrimmer.
- For the county of Floyd--James H. Willard.
- For the county of Clark--Joseph Baker.
- For the county of Jefferson--David C. Branham.
- For tne counties of Jefferson, Clark and Scott--Daniel Blocher.
- For the counties of Jefferson and Ripley--William D. Wilson.
- For the counties of Switzerland and Ohio--Benj. North.
- For the county of Dearborn--Noah S. Givan.
- For the county of Franklin--Israel Goble.
- For the county of Rush--Benj. F. Tingley.
- For the county of Decatur--George Goudie.
- For the counties of Rush and Decatur--Jonn D. Miller.
- For the county of Jennings--James M. Wynn.
- For the counties of Bartholomew and Shelby--Stinson J. Barrett.
- For the county of Bartholomew--John W. Cline.
- For the counties of Brown and Jackson--James A. McKinney.
- For the county of Monroe--Andrew W. Beeves.
- For the county of Lawrence--Wm. H. Edwards.
- For the county of Greene--John B. Isenhower.
- For the county of Sullivan--Stewart S. Coifman.
- For the county of Clay--William H. Gifford.
- For the county of Owen--Jesse H. Reno.
- For the county of Putnam--Weller B. Smith.
- For the county of Hendricks--Allen Furnas.
- For the counties of Putnam and Hendricks--Jesse Ogden.
- For the county of Morgan--Harvey Satterwhite.
- For the county of Johnson--Thomas W. Woollen.
- For the counties of Morgan and Johnson--W. C. Shirley.
- For the county of Marion--Nathan Kirnball, J. J. W. Billingsly, E. T. Johnson, Edward King.
- For the county of Hancock--Charles G. Offutt.
- For the county of Shelby--Samuel D. Spellman.
- For the county of Henry--John T. Hedrick.
- For the counties of Fayette and Union--Warner H. Broadus.
- For the county of Wayne--Lewis C. Walker, Wm. Baxter.
- For the county of Randolph--Nathan T. Butts.
- For the county of Delaware--A. C. Mellett.
- For the county of Madison--Thomas N. Jones.
- For the counties of Madison and Henry--John O. Hardesty.
- For the county of Hamilton--Nathan W. Clark.
- For the counties of Hamilton and Tipton--John E. Rumsey.
- For the county of Clinton--William Strange.
- For the county of Carroll--John L. Richardson.
- For the county of Boone--Christian S. Wesner.
- For the counties of Boone and Clinton--Marquis L. Martin.
- For the county of Montgomery--Jesse Y. Durham.
- For the county of Parke--John E. Woodard.
- For the county of Vermillion--John Gronendyke.
- For the county of Fountain--Horatio B. Claypool.
- For the county of Warren--Richard Odle.
- For the county of Tippecanoe--Elihu Hollinsworth, James Cole.
- For the counties of Benton and White--Robert Gregory.
- For the county of Cass--Charles W. Anderson.
- For the county of Howard--Thomas M. Kirkpatrick.
- For the county of Miami--John W. Eward.
- For the county of Wabash--Cady E. Cowgill.
- For the counties of Miami aan Wabash--Cyrus V. N. Lent.
- For the county of Grant--Edward S. Lenfesty.
- For the counties of Blackford and Jay--Abraham Wilson.
- For the counties of Wells and Adams--John McConnell.
- For the county of Huntington--Bnell M. Cobb.
- For the county of Allen--Jeff C. Bowser, Mahlon Heller.
- For the county of Whitley--Cyrus B. Tulley.
- For the counry of Kosciusko--John B. Thayer.
- For the county of Noble--Henry C. Stanley.
- For the counties of Kosciusko and Fulton--Peter S. Troutman.
- For the county of DeKalb--Samuel Shutt.
- For the county of Steuben--Eugenus B. Glasgow.
- For the county of LaGrange--Wm. Premiss.
- For the county of Elkhart--John E. Thompson.
- For the counties of Elkhart and Noble--D. S. Scott.
- For the county of Marshall--Reeson B. Eaton.
- For the county of St. Joseph--Wm. W. Butterworth.
- For the counties of St. Joseph and Marshall--Joseph Henderson.
- For the county of Laporte--George H. Teter.
- For the counties of Laporte and Starke--L. D. Glazebrook.
- For the counties of Pulaski, Jasper and Newton--Jethro A. Hatch.
- For the county of PorterJ. Crumpacker.
- For the county of Lake--Martin Wood.
- For the county of Ripley--Adam G. Hoyer.
- For the county of Vigo--William K. Edwards, Patrick H. Lee.
- NOTE.--Mr Hardesty, of Madison and Henry; Mr. Jones, of Madison, and Mr. Mellett, of Delaware, did not receive their oath of office till alter the election of the Speaker.
THE SPEAKER.
Mr. BUTTERWORTH desired to move that the House now proceed to the election of the Speaker.
Mr. FURNAS demanded a call of the House.
Mr. LENFESTY seconded the demand.
The call proceeded, and the CLERK reported 96 members present.
On motion of Mr. CAUTHORN further proceedings under this call were dispensed with.
The CLERK now announced the order of nominations for the Speaker.
Mr. KIMBALL placed in nomination the name of the Hon. Wm. K. Edwards, of Vigo county.
Mr. RICHARRDSON nominated the Hon. Henry S. Cauthorn, a Representative for the county of Knox.
No other nominations being submitted the vote proceeded, and the Clerk reported the result--for Mr. Edwards 53 votes, for Mr. Cauthron 43 votesas follows:
For W. K. Edwards--Messrs. Baxter, Billingsly, Branham, Butts, Butterworth, Broadus, Cauthorn, Clark, Cobb, Cole, Crumpacker, Durham, Eaton, Edwards, of Lawrence, Eward, Furnas, Gifford, Glasgow, Goudie, Gowgill, Gronendyke, Hatch, Hedrick, Hollinsworth, Hoyer, Johnson, Kimball, King, Kirkpatrick, Lenfesty, Lee, Lent, Miller, North, Odle, Ogden, Prentiss, Reeves, Riggs, Rumsey, Satterwhite, Scott, Tingley, Thompson, of Spencer; Thompson, of Elkhart ; Thayer, Troutman, Walker, Wilson, of Ripley ; Wilson, of Jay; Wesner, Wolflin, Wood, Woodard and Wynn--53.
For H. S. Cauthorn--Messrs. Anderson, Baker, Barrett, Barker, Bowser, Blocher, Brett, Buskirk, Claypool, Cline, Coffman, Edwards, of Vigo ; Ellsworth, Given, Glazebrook, Goble, Gregory, Heller, Henderson, Isenhower, Martin, McKinney, McConnell, Ofiutt, Peed, Pfrimmer, Rudder, Reno, Richardson, Schmuck, Shirley, Smith, Spellman, Stanley, Shutt, Strange, Teter, Tulley, Willard, Woollen and Whitworth--43.
The CLERK said: Whole number of the votes cast, 96. Necessary to a choice, 49. Mr. Edwards received 53 votes, Mr. Cauthorn received 43 votes. Mr. Edwards having received the majority of all the votes cast is duly elected Speaker of the House of Representatives. Mr. Kimball, of Marion, and Mr. Cauthorn, of Knox, will please conduct the Speaker to the chair.
That service having been performed, the SPEAKER stood before the House and said:
Gentlemen of the House of Representatives: I thank you for the honor of this page: 25[View Page 25]election. In assuming the responsibility of this position I am fully mindful of the differences of opinion, and the seeming conflict of interests that exist. Conscientious differences of opinion are the natural outgrowth, the necessary result of free institutions. Their discussion is a measurement of reason, and are to be reconciled on this floor by courtesy in intercourse, decorum in debate and the observance of order. I ask of each of you, and shall rely, upon, your cordial co-operation to enable me to discharge every duty intelligently, faithfully and impartially.
The important subjects of legislation will be submitted to you by the Governor in his message. Your familiarity with these, and with the views of your constituency, will enable you to act with proper understanding.
Agriculturture, manufactures, mining and every other material interest is prosperous, and if further legislation is needed to advance that prosperity, it will be for you to enact that which may be adequate.
The system of education maintained by the State, whereby popular intelligence and public virtue, the fundamental principles, the elements of strength and security are promoted on the idea that every child in the State is a child of the State, is a primary, not a secondary interest that commends itself to patriotic pride, to support which the people of the State are more willing to be taxed than for any other purpose, that Indiana may not be behind any of her sister States.
The system of benevolence so freely and cheerfully maintained, whereby the blind are educated, a significant language is given to the dumb, and those who are so unfortunate as to be bereft of reason are tenderly cared for, because they can not care for themselves, and a home for the disabled soldier is providedcommands the benevolent admiration of humanity.
Whatever may be the result of your deliberations, I trust it will be to your honor, to the credit of the State and to the will and interest of those we represent.
PRINCIPAL CLERK.
On the motion of Mr. WOODARD, it was ordered that the House proceed to the election of Principal Clerk of the House of Representatives.
The SPEAKER announced the order of nominations.
Mr. KIMBALL nominated Cyrus T. Nixon, of the county of Clark.
Mr. RICHARDSON nominated Dura E. Johnson, of Wayne county.
There being no other nominations proposed the vote proceeded, and the result was reported by the Speaker as follows:
Mr. Nixon received 57 votes.
Mr. Johnson received 43 votes.
The SPEAKER announced that Cyrus T. Mxon, having received a majority of all the votes cast, he is duly elected Principal Clerk of the House of Representatives.
THE ASSISTANT CLERK.
Mr. FURNAS moved the order for the election of First Assistant Clerk of the House of Representatives.
The motion was agreed to.
The SPEAKER announced the order for nominations.
Mr. KIMBALL nominated Moses G. McLain, of Marion.
Mr. RICHARDSON nominated George W. Tebbs, of Dearborn.
The vote proceeded, and the Speaker reported the result:
Mr. McLain received 55 votes.
Mr. Tebbs received 44 votes.
The SPEAKER then announced that Mr. McLain, having received the requisite majority, was duly elected.
THE DOORKEEPER.
On the motion of Mr. LENFESTY it was ordered that the House proceed now to the election of Doorkeeper.
The SPEAKER announced the order of nominations.
Mr. KIMBALL nominated Wm. T. Lockhart, of Hendricks county.
Mr. RICHARDSON nominated Frank N. Schell, of the county of Clark.
The vote having having been taken--
The SPEAKER announced the result: The whole number of votes cast, 98. Necessary to a choice, 49. Mr. Lockhart received 54 votes. Mr Schell received 44 votes. Mr. Lockhart, having received the majority, is duly elected Doorkeeper of the House of Representatives.
Whereupon the several officers came forward and received the oath of office.
Mr. CAUTHORN submitted a resolution, which was adopted, for the formal order that the Clerk inform the Senate that the House of Representatives is now organized by the election of officers and ready to proceed with the business of the session.
APPOINTEES OF THE HOUSE.
Mr. WALKER submitted the following:
RESOLVED, That the Speaker of the House appoint a committee of five members to whom the Clerk arid Doorkeeper shall report the names and duties required of all the assistants by them appointed; and it shall be the duty of said committee to authorize the appointment of such assistants only as are needed ; to report the same to the House for its action ; and no
page: 26[View Page 26]person shall draw pay for his services as such assistant unless his employment be authorized by such committee and approved by the House. No additional appointments shall be made without consent of the House.
The resolution was adopted.
RULES.
Mr. FURNAS submitted the following:
RESOLVED. That the rules of the last House of Representatives be adopted for the government of this House till otherwise ordered.
The resolution was adopted.
Mr. CAUTHORN called for the reading again of the report of the vote of the election of Clerk. He understood that report was read 57 to 43, one vote too much--the Representative from Warrick (Mr. Dial) not being present.
The reading of the record justified the remark.
The SPEAKER. The Clerk will make the correction of the record.
A message was received from the Senate, by their Secretary, announcing the organization of that body and its readiness to proceed to legislative business.
RULES.
Mr. BUTTERWORTH submitted the following:
RESOLVED, That the State Librarian furnish the members of the House of Representatives with the rules of the last session if they are in print.
Mr. FURNAS. I understand that there are no copies of those rules in print.
The SPEAKER. I believe I have the only copy that remains. There may be one more.
The resolution was rejected.
Mr. OFFUTT submitted the following:
RESOLVED, That the rules adopted ior the government of the last House of Representatives be the rules of this House until others shall be legally adopted; and that a special committee of five be appointed by the Speaker for the purpose of reporting rules of this House ; and that said committee be instructed to report on Monday next.
The resolution was adopted.
INFORMATION FOR THE GOVERNOR.
Mr. SATTERWHITE submitted the following:
RESOLVED, That a committee of three members of the House of Representatives be appointed by the Speaker to act with a like committee on the part of the Senate, and to inform the Governor that this special session of the General Assembly is organized and ready to receive from him any communication which he may be pleased to make.
The resolution was adopted.
STAMPS, STATIONERY AND NEWSPAPERS.
Mr. WALKER submitted a resolution for a special committee of one from each Congressional district to report the amount to be paid to each member of the House for stamps and stationery, and the number of newspapers that shall be allowed to each member, and that all resolutions on these subjects be referred to said committee without debate.
The resolution was adopted.
The SPEAKER announced the special committee under the resolution of Mr. Satterwhite; viz: Messrs. Satterwhite, Cauthorn and Lee.
The SPEAKER also announced the special committee under Mr. Offutt's resolution, viz: Messrs. Offutt, Kimball, Henderson, Anderson and Furnas.
Mr. CAUTHORN submitted a resolution for an order (which was adopted) to establish the daily meeting of the House of Representatives at nine o'clock a. m. until otherwise ordered.
WABASH AND ERIE CANAL.
Mr. SHIRLEY submitted a joint resolution [H. R. 1] proposing an amendment to the constitution by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal:
Be it resolved by the General Assembly of the State of Indiana, That the following amendment be and hereby is proposed to the constitution of this State, and that the same be and is hereby agreed to arid submitted to the electors of the State for their ratification or rejection : Provided, The same shall be agreed to by a majority of all the members elected to each house of the General Assembly of this State, to be chosen at the next general election. Said amendments to consist of the addition of the following section to the tenth article of the constitution in the language following:
No law or resolution shall ever be passed by the General Assembly of the State of Indiana that shall recognize any liability of this State to pay or redeem any certificate of Stock issued in pursuance of an act entitled "An Act to provide for the funded debt of the State of Indiana, and for the completion of the Wabash and Erie Canal to Evansville," passed January 19, 1846, and an act passed January 29, 1847, which, by the provisions of the said acts, or either of them, shall be payable exclusively from the proceeds of the canal lands, and the tolls and revenues of the canal in said act mentioned, and no such certificate of stock shall ever be paid by this State.
RESOLVED, further, that the foregoing joint resolution be and the same is hereby referred to the General Assembly of this State to be chosen at the general election to be h Id on the second Tuesday in October, in the year of our Lord one thousand eight hundred and seventy-two.
WHEREAS, The foregoing joint resolution was passed by the General Assembly of the State of Indiana at its last preceding session, begun in January, 1871, be it therefore resolved by the General Assembly of Indiana, at its present session, that said proposed amendment to the Constitution of the State of Indiana be, and the same is hereby agreed to, and that said proposed amendment to the Constitution of the State of Indiana be submitted to the electors of the State of Indiana for their ratification or rejection at the next general election to be held on the second Tuesday in October, in the year of our Lord one thousand eight hundred and seventy-four.
The joint resolution was read the first page: 27[View Page 27]time, and ordered to be engrossed and entered upon the journal of the House of Representatives.
The SPEAKER. The question now recurs on the passage of the joint resolution.
The roll call for the vote was ordered and proceeded.
Mr. FURNAS. Does that include the unsurrendered bonds?
Mr. SHIRLEY. It applies to the bonds set forth in the acts referred to.
Several voices demanded the reading of the resolution, and it was again read by the Clerk.
Mr. HARDESTY. I move its reference to a special committee of three. It is a subject that requires very careful attention.
Mr. GIFFORD thought it would be more proper to refer the resolution to the appropriate standing committee.
Mr. WOOLLEN submitted the point of order, that it is too late now to make amendments to the proposition, which the reference might presuppose, as the call of the roll had already been commenced.
The SPEAKER overruled the point. The reading of the proposition reopens the question.
Mr. WALKER moved that the joint resolution be laid on the table.
Messrs. RICHARDSON and CLINE demanded the yeas and nays on this motion.
The yeas and nays were ordered, and being taken, the result was--yeas 45, nays 54--as follows:
Yeas--Messrs. Baxter, Billingsly, Butts, Butterworth, Broadus, Clark, Cobb, Cole, Crumpacker Eward, Furnas, Gifford, Glasgow, Glazebrook, Goudie Gowgill, Gronendyke, Hatch, Hedrick, Hollinsworth Johnson, King, Kirkpatrick, Lenfesty, Lee, Lent, Mellett, Miller, McConnell, North, Odle, Ogden, Rudder, Reeves, Riggs, Rumsey, Satterwhite, Scott Tingley, Thompson of Spencer, Troutman, Walker Wilson of Jay, Wesner, Woodard, Whitworth and Wynn--45.
Nays--Messrs. Anderson, Baker, Barrett, Barker, Bowser, Blocher, Branham, Brett, Buskirk, Cauthorn, Claypool, Cline, Coffman, Durham, Eaton, Edwards of Lawrence, Ellsworth, Given, Goble, Gregory, Hardesty, Heller, Henderson, Hoyer, Isenhower, Jones, Kimball, Martin, McKinney, Offutt, Peed, Prentiss, Pfrimmer, Rono, Richardson, Schmuck, Shirley, Smith, Spellman, Stanley, Shutt, Strange Teter, Thompson of Elkhart, Thayer, Tulley, Wilson of Ripley, Willard, Wolflin, Woollen and Wood--54.
Messrs. Furnas, Gifford, Glazebrook, Hollinsworth, Johnson and others explaining their affirmative votes--generally because, whilst they were in favor of the proposition, they desired simply to gain time for a just examination of it.
So the motion to lay on the table was rejected.
The SPEAKER. The question recurs on the motion [Mr. Hardesty's] to refer the joint resolution to a select committee.
Mr. GIVEN. I move to amend the motion so that the joint resolution shall be referred to a special committee of one from each Congressional district.
The amendment was agreed to, and the motion of Mr. Hardesty as amended was adopted.
A message was received from the Senate announcing the appointment by that body of Messrs. Dodge and Fuller as a committee to act with a like committee of the House in waiting upon the Governor.
THE ORGANIZING OFFICERS.
Mr. KIMBALL submitted a resolution for an order that Samuel W. Holmes be allowed five days' pay and mileage for his services in the organization of this House.
Mr. HARDESTY proposed to amend the order so that it shall include the Principal Clerk, the Assistant Clerk and the Doorkeeper of the last House.
Mr. Kimball accepted the amendment, and so the order was adopted.
On motion of Mr. BRANHAM the House adjourned.
