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THE
BREVIER LEGISLATIVE REPORTS.

THIRTEENTH VOLUME.

INDIANA LEGISLATURE.

HOUSE OF REPRESENTATIVES.

The House met at nine o'clock a. m.

The SPEAKER directed the Clerk to read the journal of yesterday; and the same having been read through by the Clerk, it was corrected and approved by the House.

THE GOVERNOR'S ANSWER.

Mr. SHIRLEY, from the special joint committee to inform the Governor of the organization of the General Assembly in Special Session, etc., reported that His Excellency signifies his readiness to deliver a message to the two houses in joint session this day at two o'clock p. m.

Mr. CAUTHORN submitted the following, which was adopted:

RESOLVED, That the Senate be invited to meet the House this afternoon at two o'clock in joint convention, in the hall of the House of Representatives, to hear such communications as His Excellency, the Governor, may see proper to make to the General Assembly ; that seats be prepared for Senators on the right of the Speaker's chair, and that the Clerk inform the Senate of the adoption of this order.

POLICE REGULATION.

Mr. BUTTS submitted the following:

RESOLVED, That every elected or appointed officer of this House who shall be negligent of his duty, or guilty of intoxication during the sessions of the House, shall forfeit his position and all compensation thereafter ; and that any page guilty of intoxication or of using profane language shall forfeit his position and be displaced by the Speaker.

Mr. OFFUTT moved, ineffectually, to lay it on the table--affirmative 34, negative not counted.

And then the resolution was adopted without a division.

THE HOUSE POSTOFFICE.

Mr. HARDESTY presented a proposition from Messrs. Henry C. Painter and William M. Merwin to discharge the duties of the postoffice for the General Assembly, as follows:

WHEREAS, It has cost the State of Indiana twenty-five dollars per diem to carry on the postoffice of the General Assembly for the last several sessions;

We, Henry C. Painter and William M. Merwin, agree and will enter into bond to faithfully discharge the duties of Postmaster, as aforesaid, for the sum of $15 per day.

It was referred to the Special Committee on Employees--not yet appointed.

REVISED STATUTES.

Mr. BILLINGSLEY submitted the following:

RESOLVED, That the Librarian be requested to furnish each member of the House with a copy of the Revised Statutes of the State.

Mr. CAUTHORN proposed to amend by adding the words, "and that the same be returned at the close of the session to the State Librarian."

The amendment was agreed to, and the order, as amended, was adopted.

CHAPLAIN SERVICE.

Mr. CLARK submitted the following:

RESOLVED, That this House will spend the time, not exceeding ten minutes, in divine worship each morning on assembling.

It was adopted--affirmative 53, negative not counted.

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THANKS TO JUDGE BUSKIRK AND OTHERS.

Mr. WALKER submitted the following, which was adopted:

RESOLVED, That the thanks of this House be tendered to Hon. Samuel H. Buskirk, of the Supreme Court, and to the officers of the last House of Representatives for their services in the organization of this House.

THE GENERAL ELECTIONS.

Mr. MELLETT introduced a bill [H. R. 1] for a proposition to amend the Constitution of the State in Sec. 14 of Art. 2 thereof, so as to require that all general elections shall be held on the Tuesday next following the first Monday in November.

The proposition was read the first time by the Clerk.

Mr. SHIRLEY. There is a proposition already pending to amend the Constitution of the State, and, according to the constitutional provision for the amendment of that instrument, till that is disposed of we can't offer another.

The SPEAKER. If there is no objection the House will pass over the proposition informally.

THIRD JUDICIAL CIRCUIT.

Mr. PEED introduced a bill [H. R. 2] for an act to fix the time for holding courts in the Third Judicial Circuit; the duration of the terms thereof, and declaring when this act shall take effect, and repealing all laws inconsistent therewith. [It embraces the counties of Gisbon, Knox, Daviess, Martin, Pike and Dubois.]

CORPORATION DRAINAGE LAW.

Mr. BUTTERWORTH introduced a bill [H. R. 3] for an act to repeal an act to authorize the construction of levees, dykes and drains by incorporated companies, approved May 22, 1869, and an act supplementary thereto, approved February 23, 1871.

Mr. HATCH introduced a bill [H, R. 4] for an act to repeal an act entitled "An Act to authorize and encourage the construction of levees, dykes and drains, and the reclamation of wet and overflowed lands by incorporated companies, and to repeal all former laws relating to the same subject," which act took effect May 22, 1869; and also to repeal an act entitled "An Act supplemental to an act entitled an act to authorize and encourage the construction of levees, dykes and drains, and the reclamation of wet and overflowed lands by incorporated companies, and to repeal all former laws relating to the same subject," which act took effect May 22, 1869, and providing penalties for the violation of the provisions thereof, approved February 23, 1871.

EXEMPTION LAW.

Mr. SATTERWHITE introduced a bill [H. R. 5] for an act to amend an act to exempt property from sale under legal process in certain cases, approved Fubruary 17, 1862. It proposes to extend the exemption from $300 to $500.

These bills were severally read the first time and ordered to the second reading.

HOUSE CALENDAR.

Mr. GLAZEBROOK submitted the following:

RESOLVED, That the Principal Clerk be requested hereafter to furnish each member of the House daily with a printed calendar of all pending bills--stating by whom introduced--with the exact title of the same.

It was referred to the Special Committee on Newspapers, etc.

And then, on motion of Mr. BRANHAM (the Senate not being in session this morning), the House took a recess till two o'clock p. m.

AFTERNOON SESSION.

The SPEAKER called the House to order at two o'clock.

Mr. WOODARD asked and obtained leave of absence for Mr. Wesner till Monday afternoon.

SPECIAL COMMITTEE ON EMPLOYEES.

The SPEAKER announced the Special Committee on Employees, under the order of the amended resolution submitted by Mr. Walker yesterday, to-wit: Messrs. Walker, Woodard, Johnson, Eaton and Ogden.

THE JOINT CONVENTION--GOVERNOR'S MESSAGE.

At this time the officers and members of the Senate were received in the Hall and seated on the right--the President pro tem. of the Senate presiding on the right of the Speaker.

The PRESIDENT of the Senate--Gentlemen of the Senate and House of Representatives: We have met in obedience to a joint resolution of both houses in joint convention to hear the message of the Governor. I am informed that there is a minister of the gospel present [Rev. Mr. Kumler] who will officiate as chaplain, He will please come forward.

Mr. Senator WADGE, from the Senate portion of the special joint committee to wait on the Governor, submitted (in- page: 36[View Page 36]Switch to Image ModeCLOSE Page 36formally) the report of service in that matter.

On the motion of Mr. Senator BROWN it was ordered that another special joint committee of three be appointed to wait on the Governor and tell him that we are ready to receive his message.

This committee was appointed by the two presiding officers, to-wit: Mr. Brown on the part of the Senate, and Messrs. Cauthorn and King on the part of the House of Representatives. But presently the Governor appeared in the Hall.

Under the foregoing order for chaplain service the members of the convention now rose, and the Rev. J. P. E. Kumler, pastor of the First Presbyterian Church of this city, said the prayers, standing at the right of the President.

The PRESIDENT of the Senate. If it is the pleasure of the convention, the body will now hear the message of the Governor.

Whereupon, His Excellency, Governor Baker, ascended the dais, and standing at the Speaker's table he read his first special message. [See Appendix.]

The following papers accompanied the Governor's Message:

THE STATE HOUSE OF REFUGE--SPECIAL REPORT OF COMMISSIONERS OF THE HOUSE OF REFUGE, REFERRED TO IN AND SUBMITTED WITH THE GOVERNOR'S MESSAGE.

To the Governor of the State of Indiana.

In anticipation of our annual report, to be made up to the close of the present year, the Commissioners of the House of Refuge for Juvenile Offenders beg leave to present to you and the General Assembly, the following facts and suggestions. The General Assembly of 1869 appropriated $30,000 per annum for the current expenses of this institution, including the salaries of its officers. It also enacted "that whenever there shall be a failure at any regular biennial session of the General Assembly to pass an appropriation bill for this object, it shall be lawful for the Governor, Secretary and Treasurer of State to direct the Auditor of the State to draw warrants on the State Treasury for an amount not exceeding the last appropriation." At the time these laws were passed there were 118 inmates in the institution. An appropriation having been made at the same time for an increase in the buildings of the institution, one main building and one family house had been completed, and were ready for occupancy before the 1st of January, 1871. The great pressure of boys who were legally committed to theinstitution, many of whom were in prison,, led the Commissioners to authorize their reception into the institution as soon as the houses were done, with the expectation that the General Assembly of 1871 would make the neccessary appropriation for their support. No appropriations were, however, made by that General Assembly, and we were left without any means whatever for the support of the institution from January 1 to April 1, 1871, the appropriation for the year having all been exhausted before the 1st of January, 1871. We were thus left with a family of 220 to support upon the sum appropriated when it reached only 118. It did not seem to us expedient to discharge upon the community unreformed boys, and as other boys were being constantly committed, we have thought best, since, to receive some of them, especially from counties not represented in the institution, as places were made vacant by the discharge of boys on the ground of reformation. The institution has thus been kept full to its utmost capacity up to the present time, and there are now 200 boys in it. To meet the extra expense over the amount of appropriation we have been compelled to resort to the use of credit in our purchases, and especially to a loan. This loan now amounts to $18,831 62, and the other indebtedness of the institution will reach $3,500.

For these we would respectfully but earnestly ask that an appropriation may be made, as well as of a sum sufficient to pay the current expenses of the institution up to the first of April next, the termination of our fiscal year, which expenses we estimate at $4,000. We would also respectfully suggest some modification of the present laws, especially one applying the amount received from the counties directly to the support of the institution, instead of placing it in the State Treasury as heretofore. Experience has also taught us that boys of eighteen years are too old for such an institution as ours, more especially, since not unfrequently, by misrepresenting their age, boys much beyond that procure admission in preference to being sent to the State Prison. The discipline to be applied to such as these should be more severe than is requisite for younger boys; hence, we suggest that the limit be reduced to sixteen years of age. The institution has been eminently successful in accomplishing the object of its erection, and a very large portion of the boys, 150 in number, who have been discharged, are doing well. We are not surprised that there should be some exceptions, and that a few

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of our boys should be found in the State Prison, as it would be impracticable permanently to reform every boy sent here. Whilst we endeavor to see that all the boys discharged are provided with suitable homes, it sometimes happens that they soon reach an age which leaves them without restraint, and being surrounded by evil influences, they find their old associates, and return to the haunts of wickedness. But notwithstanding some such cases have occurred, far the larger portion are returned to the community to make useful citizens and fill their post in the duties of life. We have been compelled to decline, for want of room, more than one hundred and fifty boys who have been regularly committed to our care. Some of these are sent to the State Prison, others to the County Jails, and others still are turned loose on the community, to enter again on a life of crime, or become a charge upon the public.

We are fully satisfied, as a matter of public economy, as well as for the public good, an appropriation should be made for an increase of buildings, to an amount not less than $15,000.

All of which is respectfully submitted.

CHARLES F. COFFIN,Com' A. S. EVANS.Com' JOHN W. RAY,Com' HOUSE OF REFUGE
, Nov. 11, 1872.

INLAND COMMERCE--COPY OF LETTERS FROM THE PRESIDENT OF THE UNITED STATES, REFERRED TO IN MESSAGE.

To His Excellency, Conrad Baker, Governor of Indiana:
SIR:

I transmit herewith a copy of a treaty concluded in this city on the 8th day of May last, between the United States and Great Britain. By the 27th Article, the Government of the Dominion of Canada engages to secure to the citizens of the United States the use of the Welland, St. Lawrence and other canals in the Dominion on terms of equality with the inhabitants of the Dominion, and the Government of the United States engages to urge upon the State Governments to secure to the subjects of her Brittannic Majesty the use of the several State canals connected with the navigation of the lakes or rivers traversed by or contiguous to the boundary line between the possessions of the High Contracting parties, on terms of equality with the inhabitants of the United States.

The wisdom and the importance of these reciprocal connections of the use of the artificial channels of water communication contemplated by the treaty on terms of equality to the citizens or subjects of either power are apparent. The rapid increase of population and of production of the vast territory on either side of the boundary line and on the upper lakes, demands all the channels of communication with the tide waters, which either nature or the enterprise of man has made available. It is confidently believed that the use of the artificial water communications which the treaty contemplates will contribute to a rapid increase of trade, through those several channels, and will tend to a consequent increase in the tolls and returns of profits, both direct and indirect, to each and all of the canals thus open to the use of a larger extent of country. As the period is approaching when the Legislature of your State is about to convene, I desire to bring the provisions of this article of the treaty to its notice, and to urge upon your State Government to secure the subjects of her Britannic Majesty the use of the several State canals within the State of Indiana, connected with the navigation of lakes or rivers, traversed by or contiguous to the boundary line between the possessions of the United States and those of Her Britannic Majesty in North America, on terms of equality with the inhabitants of the United States. I address a similar request to other States, through which are constructed canals connected with the navigation of the lakes. I have the honor to be, etc, etc.,

U. S. GRANT. EXECUTIVE MANSION,
WASHINGTON,
November 25, 1871.

THE TRUST FUND--COPY OF LETTERS FROM SECRETARY OF INTERIOR. REFERRED TO IN THE GOVERNOR'S MESSAGE.

SIR:

I have the honor to direct your attention to the following statement showing the amount of interest due the Indiana Trust Fund on Indiana five per cent. stocks, after deducting a balance of $1,346 80 due the State of Indiana, on account of an overpayment of interest made in a settlement of accounts with an agent of this Department in 1868, viz:

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This statement is taken from a report on the subject furnished me recently by the Commissioner of Indian Affairs. I have furnished the Hon. M. C. Kerr with a copy of this report, which he informed me would be forwarded to the proper officer in your State. I desire respectfully to call your attention to the subject, and shall be obliged if you will inform me of the intentions and desires of your State in regard to it.

I am, sir, very respectfully, your obedient servant, C. DELANO, Secretary. Hon. C. Baker, Governor of the State of Indiana:
DEPARTMENT OF THE INTERIOR,
WASHINGTON, D. C.,
March 25, 1872.

SOUTHERN PRISON--REPORT OF THE DIRECTORS.

To the Governor of Indiana :
DEAR SIR--

We herewith transmit to you a special report from the Warden of the financial condition of this Prison. And through you we would respectfully ask from the Legislature an immediate appropriation for the payment of the various sums of indebtedness therein stated. The necessities which led to the creation of these liabilities have been set forth in former reports, and the interest required to carry this indebtedness bears heavily on our income. The repairs and alterations suggested seem to us imperatively required by a due regard to the public interests. Indeed, the state of the Prison is such that it would be good economy in the Legislature to authorize a general renovation. If this is much longer neglected either a much larger sum will be required to put it in order, or steps must be taken for the erection of a new establishment. It is believed that the sum asked for by the Warden, with a small sum for miscellaneous repairs each year, will answer until the end of the present contracts, when the State will have to take decided steps toward renovation. It will be seen that the Warden gives an estimate of the probable receipts and expenditures during the next two years This estimate is believed to be reliable. Heretofore for many years no appropriations have been made for current expenses, but the income of the prison has been applied at the discretion ot the managers. We believe the law requires an appropriation, and that there is no authority to draw money for any purpose without. We would respectfully call attention to the fact that the salaries paid the Warden, Deputy Warden, Clerk and Chaplain were fixed many years ago, when the cost of living was much less than now, and that they should be increased. If the Legislature, at its special session, shall propose any general revision of the prison laws, we will be pleased to give any information, as suggested by our experience, if called on to do so. All of which is respectfully submitted.

R. S. HEISKELL,
W. W. CURRY,
Directors INDIANA STATE PRISON SOUTH,
JEFFERSONVILLE,
October 18.

REPORT OF THE WARDEN.

To the Board of Directors :

In view of the fact that the Governor has called an extra session of the Legislature, to which he will desire to submit a statement of the condition of this institution, I hand you this statement of its financial affairs: The total receipts of the prison for the current year ending December 15, next, will be about $60,000. The current expenses for running the institution about $55,000, showing a surplus of $5,000 to be applied on former indebtedness; and giving evidence that at the price of the present contracts the prison will more than meet its ordinary expenses. By referring to former reports, it will be seen that our indebtedness at the close of the last year was then $12,020 55. But this was based on an estimate of losses which have not been realized. There remain claims of $1,716 60 against Hopkins & Stanton and A. W. Hall & Co., which have not been collected, and are not likely to be; adding this to the debt of last year, and subtracting the surplus of this, we have a debt for the close of this year of $8,737 15. In addition to this there is an indebtedness of $10,000 on account of the alterations and repairs, including the fence, to adapt the premises to the use of the car company, under present contracts; and that $12,000 furnished by the Governor to repair damages of the fire; an entire obligation of over thirty thousand dollars to be provided for. I am compelled in every report to call attention to the general state of dilapidation of the premises, constituting a continual bill of expenses. In consequence of having no appropriations for repairs for the last two years this has borne heavily on our friends, so that only temporary expedients could be resorted to. The condition of the roofs of the cell houses and shops is such as to absolutely require re-covering, and this can not be done without considerable expense. There are by actual measurement

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76 1/2 squares, which can not be tinned at present prices for less than $1,000. The annual appropriations for several years past have been largely absorbed in patching up these roofs, and it will be sound economy to replace them with new material at once. It is hoped in a few months the females will be removed to the new Reformatory, and then it will be advisable to make some alterations.

The present female wards could be converted into wards for insane prisoners, of which we have several, who ought to be separated from the body of convicts, both for safety and moral effect. To do this, and fit up about twenty new cells on the north side of this wing, will cost about $3,000. One of the heaviest bills we are called upon to meet is that for fuel and lights. Our gas is supplied by the City Gas Works, and our heating is mainly by stoves. The annual cost of these two items is about $3,600. I am satisfied from careful estimates that the apparatus to make our own gas, and to heat by steam could be put in for about $4,000, and that we should hereby save one-half of our annual bill for fuel and light. The houses furnished by the State for the Warden and Deputy Warden are old, and in great need of repairs. I would respectfully ask for $1,500 as actually required for this purpose. According to law, it is the duty of the Legislature to make the neccessary appropriations for the current expenses of the prison. To enable it to do this intelligently the following estimates are furnished for the next two years: Average number of convicts, 400; of this number the daily average on contract will be about 330, the remainder being in hospital, laboring for the State, etc., 310 days per year at 60 cents. ReceiptsConvict labor, $61,380; from keeping United States prisoners, $1,500. Total, $62,880. Expenditures salaries of Guards, etc., $20,000; provision, $22,000; clothing, $7,000; fuel and lights, $3.600; gate money to discharged convicts, $2,250; library, $500; escaped convicts, $500; printing and stationery, $200; hospital, $1,200; miscellaneous expenses, $1,100. Total, $58.650. This estimate leaves a surplus of $4.230 for each of the next two years, which will pay off all debts growing out of the deficiencies in merely running expenses during the last four years.

To recapitulate there will be needed $30,737 to meet all past deficiences, including the fire; $18,000 for necessary repairs and improvements, and $58,650 for annual expenses; and there is reasonable certainty of an annual income of $62,780. Very respectfully submitted.

L. S. SHULER, Warden,
INDIANA STATE PRISON SOUTH,

JEFFERSONVILLE,
October 18, 1872.

SOLDIERS' MONUMENT.--MEMORIAL TO THE GOVERNOR.

To His Excellency Conrad Baker, Governor of the State of Indiana:

The undersigned respectfully represent to your Excellency that at a large meeting of the citizens of this State, assembled at Crown Hill upon the 30th of May last, to decorate the graves of the soldiers, the following resolutions were unanimously adopted, viz :

RESOLVED, By this vast concourse of citizens assembled to decorate the graves of the Union soldiers, at the State Capital, that we feel that the great and prosperous State of Indiana owes it to the memory of her brave sons who periled their lives in the service of their country, to erect a State monument that shall stand as a perpetual memorial of their patriotic deeds. To that end we respectfully ask the Governor to recommend to the Legislature, and the Legislature to provide for the erection at the Capital of the State, in the park known as the Governor's Circle, a grand monument "to the memory of Indiana soldiers who periled their lives in the service of their country."

RESOLVED, That the following gentlemen be requested to act as a committee to further the object contemplated by these resolutions, viz : General Nathan Kimball, General A. P. Hovey, General Thomas A. Morris. General J, C. Veach, Hon. W. H. English, General Ben Spooner, General W. Morrow, W. H. Morrison, Esq., General B. F. Scribner, General Ira Grover, General Chas. Cruft, General M. D. Manson, General R. H. Milroy, J. H. McKernan, Esq., General Wm. Grose. General Sol. Meredith, General Noel Gleason, General Rueben Williams, General G. H. Chapman, General Silas Colgrove, General Thomas M. Browne, Hon. T. A. Hendricks, General Thomas Brady, General Dan. Macauley, General Joseph Dodge, General G. F. McGinnis, General O. S. Gooding. L. W. Hasselman, Esq., General J. R. Slack, Alfred Harrison, Esq., General R. S. Foster, J. M. Tilford, Esq., General Lew Wallace, S. A. Fletcher, Esq., General Reuben Kise, Robert Connely, Esq., General Fred. Knefler, R. J. Bright, Esq., General Milo S. Haskell, Bishop Talbot, General J. P. C. Shanks, David Macy, Esq , General Benj. Harrison, General J. P. Baird, General W. Q. Gresham, E. S. Alvord, Esq., General Laz. Noble, Hon. John C. New, John Fishback, Esq., General A. Stone, General Jasper Packard, General John Coburn, General M. C. Hunter, J. H. Vajen, Esq., Hon. J. W. Gordon, Dr. W. C. Thompson, J. C. Yohn, Esq., Hon. E. B. Martindale.

On the 1st of the present month at a meeting of the aforesaid committee at the Board of Trade Rooms, in the city of Indianapolis, an association was formed to be called the "Indiana Monumental Association," and officers were duly chosen. At the same meeting a resolution was unanimously adopted, as follows:

RESOLVED, That the President and resident managers be instructed to present at an early day, to his Excellency, the Governor of this State, a copy of the resolutions adopted on the 30th of May last, upon the occasion of the decoration of the soldiers' graves at

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Crown Hill, and to respectfully request him to recommend to the Legislature the erection of the State Monument referred to in that resolution.

In pursuance of the foregoing resolution we respectfully request your Excellency to recommend to the General Assembly at the next session, that an appropriation, equal to the aggregate of two cents for each inhabitant of the State, be made toward defraying the expenses of erecting upon the ground known as the Governor's Circle, such a monument as shall commemorate the patriotism of our soldiers and sailors in a manner creditable to the liberality of the State

T. A. MORRIS, Pres't.
FRED KNEFLER, Sec'y.
NATHAN KIMBALL,
BENJ. C. SHAW,
BENJ. HARRISON,
WILLIAM H. ENGLISH,
GEO. H. CHAPMAN,
Board of Managers.

The PRESIDENT of the Senate. The purpose for which the General Assembly was convened having been accomplished, I pronounce this Convention adjourned without day.

The Senators and officers of the Senate then retired from the Hall.

The SPEAKER again called the House to order.

Mr. BAKER submitted the following, which was adopted:

RESOLVED, That the message of the Governor be referred to the committee of the whole House, and made the special order of the day, for Monday next at three o'clock p. m.

U. S. SENATOR ELECTION.

Mr. BRANHAM. I wish to call the attention of the House to the law in relation to the election of United States Senators. I will send it up to the Clerk for the purpose of having the particular section read which provides for the time of that election.

The Clerk read the section indicated.

Mr. BRANHAM. That shows clearly that our election of the next United States Senator for Indiana must be held on Tuesday week.

Mr. CAUTHORN considered the reading wholly unnecessary. Gentlemen read the law.

WILLIAM M. MERWIN AND OTHERS.

Mr. SATTERWHITE submitted the following:

RESOLVED, That Wm. M. Merwin, C. S. McDonald and D. H. Long be each allowed two days pay at five dollars per day for services rendered in the House of Representatives to be paid out of any monies appropriated for legislative expenses.

The SPEAKER observed, that there was no appreciable affirmative vote on the passage of the resolution.

Mr. FURNAS. I presume that there are other gentlemen who, like myself, feel some hesitancy in acting on that resolutionbecause they may not know these gentlemen. I do not know Mr. Long. And there is another gentleman, an officer of the House of the last session who has been assisting in this organization, whom I would be glad to see compensated. I would be glad for all these gentlemen to receive the proper remuneration. I presume it is all right, but this is the reason I did not vote.

Mr. HELLER referred to the resolutions for ordering such compensation which have been already passed by the House.

The resolution was referred to the committee on employes.

NEWSPAPERS.

Mr. WOLFLIN submitted the following:

RESOLVED, That each member of the House of Representatives be furnished with two copies of the Daily Journal, one copy of the Daily State Sentinel, one copy of the Daily Telegraph, and one copy of the Weekly Volksblat.

Mr. SATTERWHITE proposed to amend the order by making it two copies of the Daily Sentinel instead of one copy; and by adding: "one copy of the Evening News."

Mr. FURNAS did not see the necessity of taking any but the papers representing the two political parties, and one paper printed in German out of respect to our German population.

Mr. LEE proposed to amend by adding: "One copy of the Evening Journal"

The amendment was accepted.

Mr. BRANHAM moved to lay the resolution and the proposed amendments on the table.

Mr. CAUTHORN made the point that there is an order of the House requiring all such resolutions as this to be referred to the special committee on employees without debate.

The SPEAKER sustained the point of order, and the propositions were accordingly referred.

Mr. LENFESTY submitted the following:

RESOLVED, That the time of the daily meeting of the House till further orders shall be 9 1/2 o'clock, A. M. instead of 9 A. M.

The resolution was rejected.

INDIANA CENTENNIAL ASSOCIATION.

Mr. KIMBALL introduced a bill [H. R. 6] for an act creating the Indiana Centennial Association.

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Mr. GIVAN introduced a bill [H. R. 7] for an act providing that Justices of the Peace shall have exclusive jurisdiction of certain cases of misdemeanor, and repealing all acts conflicting therewith. [All cases of misdemeanor punishable by fine not exceeding twenty-five dollars.]

These bills were read the first time and ordered to the second reading.

WABASH AND ERIE CANAL.

The SPEAKER announced the special committee to consider Mr. Shirley's joint resolution for amendment of the State Constitution so as to prohibit legislation for the payment of the debt charged upon the Wabash and Erie Canal, viz.: Messrs Whitworth, Woodard, Miller, Walker, Shirley, Offutt, Richardson, Hardesty, (Chairman), Mellett, Thayer and Butterworth.

Mr. KIMBALL submitted a joint resolution agreeing to and adopting an amendment proposed to the Constitution by the General Assembly by adding to the tenth article a section in relation to the debt charged upon the Wabash and Erie Canal.

It was read through by the Clerk.

Mr. RICHARDSON moved that it be referred to the select committee on that subject.

Mr. KIMBALL desired that the joint resolution should be put at once upon its passage. He hesitated to press the motion to table the motion to refer.

Mr. RICHARDSON. So far as he was concerned he did not care from which party this proposition came. As he understood it, this proposition is simply a copy of the joint resolution on the same subject offered yesterday by the gentleman on his left [Mr. Shirley].

Mr. SHIRLEY. The only difference between this and mine is, that I fixed the time of voting for ratification or rejection at the next general election, and this proposition leaves the time indefiniteyet to be fixed by the General Assembly.

Mr. CAUTHORN alleged a discrepancy in Mr, Kimball's proposition--that it is not a joint resolution, but simply a resolution of the House. (But the reading of the clause showed that he was mistaken.) He then submitted another objection The proposition does not provide the time when the proposed amendment shall be submitted. If it were amended so as to tix the time definitely or satisfactorily he would not object to its passage. He proposed to amend the joint resolution by adding in the proper place these words: "And if no time is designated by this General Assembly, then it shall be submitted to the people at the next general election to be held on the second Tuesday in October, 1874.

Mr. KIMBALL. I am willing to accept that.

Mr. RICHARDSON withdrew his motion for reference.

Further brief remarks were submitted by Messrs. Woollen, Given, Bowers and others, and further talk across the House resulted in perfecting the clause for the adoption of the proposed constitutional amendment and for the submission to the people.

The joint resolution was read as amended. It is as follows:

WHEREAS, The last General Assembly at the reguular session thereof, passed, adopted and agreed to the following joint resolution, to-wit:

"A JOINT RESOLUTION 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 and submitted to the electors of she 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 amendment 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 the State.

Resolved farther, 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 held on the second Tuesday in October, in the year of Our Lord one thousand eight hundred and seventy-two; now, therefore,

Be it Resolved by the General Assembly of the State of Indiana, That the said amendment proposed to the Constitution of Indiana, contained in said joint resolution, passed by the last General Assembly, as aforesaid, and hereinbefore recited, be, and the same hereby is agreed to and adopted by this General Assembly, and that the said amendment shall be submitted to the electors of the State for their ratification at an election to be called for that purpose in pursuance of such an act of the General Assembly as may hereafter be passed providing for such submission ; and if no time is designated by this General Assembly, then shall be submitted to the people at the next general election to be held on the second Tuesday in October, 1874.

The SPEAKER. The question is: Shall the joint resolution be adopted and ordered to be entered upon the journal ?

The proposition was again read through by the Clerk.

Mr. ANDERSON considered that the clause for submission to the people should page: 42[View Page 42]Switch to Image ModeCLOSE Page 42read, "for Ratification or Rejection." Though he might prefer such a modification he should still vote for the measure.

The vote was then taken on the adoption of the joint rasolution, and the result was reported--Yeas, 97--Nays, none--as follows:

YEAS--Messrs. Anderson, Baker, Barrett, Baxter, Billingsley, Bowser, Blotcher, Branham, Brett, Buskirk, Butts, Butterworth, Broadus, Cauthorn, Clark, Claypool, Cline, Coffman, Cobb, Cole, Covvgill, Grumpacker, Durham, Eaton, Edwards, Ellsworth, Eward, Furnas, Gifford, Given, Glasgow, Glazebrook, Goble, Goudie, Gregory, Gronendyke, Hardesty, Hatch, Heller, Henderson, Hedrick, Hollingsworth, Hoyer, Isenhower, Johnson, Jones, Kimball, King, Kirkpatrick, Lenfesty, Lee, Lent, Martin, Mellett, Miller, McKinney, McConnell, North, Odle, Offutt, Ogden, Peed, Prentiss, Pfrimmer, Rudder, Reno, Reeves, Riggs, Richardson, Rumsey, Satterwhite, Schmuck, Scott, Shirley, Smith, Spellman, Stanley, Shutt, Strange, Teter, Tingley, Thompson of Spencer, Thompson of Elkhart, Thayer, Troutman, Tulley, Walker, Wilson of Ripley, Wilson of Jay, Willard, Wolflin, Woollen, Wood, Woodard, Whitworth, Wynn, Mr. Speaker--97.

NAYS--0.

So the joint resolution was adopted on the part of the House of Representatives.

HUNTING AND SHOOTING.

Mr. FURNAS introduced a bill [H. R. 8] for an act to prevent hunting and shooting on enclosed land without the consent of the owner thereof, and providing a penalty therefor.

The bill was read the first time and order to the second reading.

Mr. CAUTHORN submitted a motion for an order to inform the Senate forthwith of the passage of Mr. Kimball's joint resolution; and that the select committee on the matter of the joint resolution in relation to the Wabash and Erie Canal be discharged from further consideration of that subject.

The SPEAKER. The information will go the Senate without an order.

Mr CAUTHORN. Then I withdraw that part of it, and submit the motion for the discharge of the select committee.

The motion was agreed to, and the com mittee was accordingly discharged.

MEMORY OF HON. JOHN W. BURSON.

Mr. HARDESTY submitted the following preamble and resolutions:

WHEREAS, This House has heard with deep regret of the death of Hon. John W. Burson, a member of the Senate from the counties of Delaware and Madison that, in his death the State has lost an able and incorruptible patriot; therefore,

RESOLVED, That this House as a mark of respect to the memory of the deceased, do now adjourn.

RESOLVED, That a copy of the resolution be transmitted to the family of the deceased by the Clerk of the House.

Mr. CAUTHORN said he did not wish to be technical about such a matter as this, but he would move to strike out the words, "a member of the Senate from the counties of Delaware and Madison," and insert other words in lieu of them. He was willing to join in any form of expression, however strong, to do honor to the memory of the deceased; but as the Senate at the last regular session had taken a certain action declaring Mr. Burson not a member of that body, the naming of him as a Senator in the resolution might be unfavorably construed, both as against the fact and an unparliamentary reflection. He would, therefore, substitute these words: "An honorable citizen of the State of Indiana." He did not offer this from any feeling personal or political, but simply on account of the action which was taken by the Senate at the last session.

Mr. KIMBALL moved to lay the amendment on the table.

The motion was agreed to.

And then the resolutions were adopted.

The SPEAKER. In compliance with the action just taken, I declare the House adjourned till to-morrow morning nine o'clock.

The House then adjourned.