THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
FRIDAY, November 15, 1872.The House met at nine o'clock a. m.
The SPEAKER directed the reading of the journal of yesterday.
The reading proceeded, until--
On the motion of Mr. WOODARD, the further reading was dispensed with.
Mr. BAKER asked and obtained leave to record his affirmative vote on Mr. Kimball's constitutional amendment joint resolution, which passed the House unanimously on yesterday.
ADJOURNMENT TILL MONDAY.
Mr. CAUTHORN. Considering the difficulty about getting along with the business of the House till the standing committees shall be appointed; and that there is no special order but that for the consideration of the Governor's Message, which is fixed for Monday afternoon at three o'clock. He would move that when this House adjourn to-day, it shall adjourn till Monday at two o'clock p. m.
The motion prevailed.
RULES OF THE HOUSE OF REPRESENTATIVES.
Mr. OFFUTT, from a majority of the Special Committee on Rules, recommended the adoption of the rules of the last House of Representatives, with amendments as to the numbering, and an additional rule, No. 65, which was read: "Rule 65. Motions to lay proposed amendments on the table, if they prevail, shall not affect the general subject--the original proposition." He reported also a recommendation for the adoption of the joint rules for the government of the intercourse between the two houses as they stood at the last session of the General Assembly, with an amendment as to the joint rule No. 11, which was not read.
The vote was taken on concurrence and the adoption of the reported amendments.
Mr. CAUTHORN alleged a misunderstanding as to the proposed sixty-fifth rule.
Mr. OFFUTT explained. The sixty-fifth rule was not adopted by the commitee in their session last night, but gentleman from Marion [Mr. Kimbal] sired it, and obtained the consent of members of the committee separate have it put into the report.
Mr. CAUTHORN. The new rule was this: When an amendment to any proposition is laid on the table it does not carry the original proposition also to the table. But for the House to adopt this would be to abolish, ignore an established rule of parliamentary law. The carrying of the original proposition to the table in this way--by tabling a proposed amendment--does not finally dispose of the original proposition under the generally recognized parliamentary law, but simply postpones action. The object of the parliamentary rule which this sixty-fifth rule would destroy is simply to enforce direct action on the merits of all amendments. I hope that rule will not be adopted. It is not necessary to the dispatch of business.
page: 47[View Page 47]Mr. WALKER. It was perfectly competent for this House to amend any parliamentary rule. This laying of an amendment on the table should not affect the original proposition, for in this way any member unfriendly to the pending measure might manage from day to day to table the most important proposition and postpone action indefinitely. The adoption of this rule here would not affect parliamentary law in any just principle. It is adopted in many legislative bodies.
The SPEAKER. The report and amendments have been adopted.
Mr. CAUTHORN. Then I will ask to submit my minority report, and re-open the question.
The SPEAKER. If there is no objection the gentleman can submit his report.
There being no objection--
Mr. CAUTHORN wrote and sent up his minority report to this effect, which was read by the Clerk:
As a member of the select committee appointed to prepare and report rules I concur in the report of the majority, except as to the recommendation of the sixty-fifth rule.
The SPEAKER stated the question to be on the adoption of the minority report, and it was rejected--affirmative 33, negative 39.
The rules and reported amendments recommended by the majority of the committee were then adopted without division.
HOUSE OF REFUGE.
Mr. FURNAS submitted the following:
WHEREAS, it is a fact that none of the work done on the principal building last erected at the Reform Schhol, commonly called the House of Refuge, situated at Plainfield, Indiana, has not yet been paid forthe Directors and Superintendent thereof maintaining that such work has not been done according to contract and specification in reference to said building; and,
WHEREAS, permanent work said to be absolutely necessary in the completion of said building has been done by the building contractor in completion of said building, and which to this time has not been paid for; compensation, therefor, refused to be made for said work in consideration of the same being outside of the specifications of the architectural design, as well as the inefficiency of the work; therefore,
RESOLVED, That a Committee of five be appointed by the Speaker of this House to investigate the matters of difference as above stated, with sufficient powers to send for persons and papers. And that said Committee be required to report the result of their deliberations at an early day.
Mr. FURNAS. Two years ago he had offered here a similar resolution, and he stated the cause of failure of its object. He now explained the necesity for this action. The foundation of that principal building was to be laid a certain depth; but when they came to look at it the builder thought it was not deep enough, and ordered them to go one foot deeper. That one foot involved them in a quicksand; and on account of this it was necessary to deviate from the plan of the architect; and on this account the directors refused to pay for the work, and the men that did it are not yet paid. It is a matter of justice that these men should be paid. I am acquainted with the facts, and I know that somebody should be remunerated for the work that has been done.
On motion of Mr. BRANHAM, it was referred to the Committee on Benevolent and Scientific Institutions.
FEES AND SALARIES.
Mr. WOODARD submitted the following;
RESOLVED, That there be appointed a Committee of one member from each Agricultural district to take into consideration the whole subject of Fees and Salaries; and that they report to this House at an early day,
Mr. BRANHAM. I hope we will not start out at this early day of the session to strip the regular committees of the House of their proper business. I move the reference of the resolution to the committee on Fees and Salaries.
Mr. WOODARD understood from the recommendation of the Governor, as well as from other sources, that this question of a just fees and salary law is a very important matter. The existing law is not satisfactory. It works injuriously upon the people, and all parties want relief, and, as the Governor says, the country would be very much better off to have the old law. This matter appertains to the finances--the taxation of the country. Then let us have this measurethe most important of the session--referred to a committee of one from each Congressional District, so that from all parts of the State we may collect the essential facts to act upon, and get a good fees and salary law. The regular committee will have enough to do without it, and the special will have the double advantage, ample time and complete knowledge what the people require.
Mr. WOOLLEN considered it best that this matter be confided to a special committee. At least I think it unnecessary to refer it to any committee unless it is composed of men who know the courts, and are well acquainted with official duties and responsibilities. I believe that a fee bill can be prepared that will be satisfactory, and will not be liable to the objections to the new law or the old law, and that this resolution might secure the appointment of a special committee of gentlemen who page: 48[View Page 48]are familiar with fee bills and courts, and can assure the needed reform.
Mr. SHIRLEY'S people generally were not annoyed by this question. Both parties in Morgan county (where he resides) accept the present fee bill. Only the office holders are not satisfied with it. From this fact he thought this ought not to be made a party measure here. It ought to be placed in the hands of a special committee. He would be in favor of a plan as to the appointment of this committee by which we might go outside of the General Assembly and call upon competent men to serve on it without respect to party. In this way he thought we might get out of this trouble, do justice to the people and justice to the public officers; and he did not believe that there could be selected from the members of this House a committee that could so well accomplish this result.
Mr. OFFUT said it might not be in the province of the House to raise such a committee as that proposed by the gentleman from Morgan and Johnson, [Mr. Shirley.] Both parties in his county were in favor of the principle of the law, desiring amendments in the details. The people, the tax payers, in favor of it--the office holders against it--but all were living up to it. He would like to see the resolution referred to such committee as would take the most interest in it, whether special or regular.
Mr. CLARK'S people were having considerable trouble over this matter, and he thought they were having it pretty much all over the State. It would require a committee of honest, intelligent, working men to secure a good law, and he was rather in favor of a special committee.
Mr. BRANHAM could not see why we could not have as good men for the regular as for the special committee. If we want to destroy the efficiency of the standing committees take the work of the session away from them.
Mr. LENFESTY regarded Mr. Shirley's proposition as an imputation on the intelligence of the House. He could not think that we are so partisan that we can't go for the best interests of the people. There was to be a regular committee of the House formed for the special purpose of taking this matter into consideration, and it occurred to him that our number is sufficient to assure any gentleman that a good selection could be made of men unbiassed by party spirit.
Mr. SHIRLEY had not intended to cast any reflection upon any member of the House. He desired to place this matter in the hands of a commission that could consider it unhampered by other duties. He understood the Governor as favoring such a course. He only wanted to insure a good thing--to carry out the idea of the Governor.
Mr. BAKER thought this discussion premature. It belongs to the things recommended by the Governor, and we go into committee of the whole, on the Governor's Message, next Monday. He was in favor of referring all questions of such importance as this to the regular committees of the House.
Mr. WALKER. There might be a contingeney in which he would be in favor of the suggestion of the gentleman from Morgan and Johnson [Mr. Shirley.] But this is a question which it did not seem to him to be proper to take out of the hands of the regular committee. He was in favor of referring it now to the regular committee, and after making a trial of it there, if not satisfactory, it might be taken out of their hands. I have not seen anything here yet that authorizes the apprehension that the voice of partizanship will be heard in the Hall.
Mr. SATTERWHITE would be satisfied to refer the matter to the regular committee, but the standing committees are not yet appointed; and to give the Speaker time for the work of those appointments, so that we may know what to do with measures that come before ushe moved that the House adjourn.
The motion was rejected.
The resolution was then referred to the Committee on Fees and Salaries.
EMPLOYES.
Mr. BRANHAM submitted the following:
RESOLVED, That this House recommend to the Committee on Employes that, when they can do so, they employ for pages and other service, such boys of the Soldiers' Home and the sons of soldiers, as they shall esteem able to discharge the duties assigned them.
Mr. WALKER. That should be addressed not to the committee as the appointing power, but to the Speaker, Clerk and Door-keeper.
Mr. BRANHAM. I have no objection to that.
The resolution, as modified, was then adopted.
PUBLIC PRINTER.
Mr. SHIRLEY introduced a bill [H. R. 9] for an act to repeal an act fixing the time and mode of electing State Printer, defining his duties, fixing his compensation, and repealing all laws coming in conflict therewith, approved March 9, 1859.
page: 49[View Page 49]It was passed the first reading.
CHAPLAIN SERVICE.
Mr. RAMSEY submitted the following, which was adopted :
RESOLVED, That this House take steps to procure chaplain service, and that the Speaker appoint three members to confer with ministers of the Gospel of this city, and engage such service.
Whereupon the Speaker appointed Messrs. Ramsey, Brett and Furnas to serve as said committee.
BREVIER LEGISLATIVE REPORTS.
Mr. HARDESTY submitted the following:
RESOLVED, That the Auditor of State be and is hereby instructed to communicate to this body the sum paid each year for the past twelve years to A. E. and W. H. Drapier, or others, on account of the paper, reporting, publishing or binding what is commonly known as the Brevier Reports.
It was adopted.
Mr. WOOLLEN introduced a bill [H. R. 10] for an act providing for the issue and sale of bonds to raise money by the civil townships of this State for the purpose of paying any debt incurred in purchasing or erecting any school building, or in the purchase of any ground whereon to erect any school building, or for the purpose of hereafter purchasing any ground or building for school purposes, or for erecting any school building, and authorizing the levy and collection of an additional special tax for the payment of principal and interest on such bonds.
[The County Commissioners to authorize the Township Trustee to issue bonds bearing 10 per cent. interest for any amount not exceeding ten per centum of the total taxable property of said township, in denomination not exceeding $1,000 and not less than $100, payable at any place that may be named in said bonds; the principal in not less than one nor more than ten years, and the interest annually or semiannually. The Trustee to enter into bonds in double the amount of such bonds For payment of such bonds, the Township Trustee is yearly to levy a tax in addition to the special school fax, not exceeding 50 cents on the hundred dollars, and 50 cents on each poll--the surplus after redemption of the bonds to be a part of the School fund.]
The bill was read the first time and ordered to the second reading.
CUSHING'S MANUAL.
Mr. TROUTMAN submitted an order that the State Librarian furnish each member of the House with a copy of Wilson's Digest of Parliamentary Law, but accepted an amendment striking out " Wilson's Digest" and inserting " Cushing's Manual."
And so the order was adopted.
GOVERNOR'S MESSAGE.
Mr. COBB submitted the following:
RESOLVED by the House of Representatives, That fifteen hundred copies of the Governor's message read in the joint convention of yesterday be printed for the use of members of this House.
Mr. WALKER submitted the following amendment by way of substitute:
RESOLVED, By the House of Representatives, the Senate concurring therein, That there be printed in, pamphlet form eight thousand copies of the Governor's message--fifteen hundred copies in the German language--one thousand copies for the Governor's own use, and that the remainder be distributed among the members of the General Assembly for circulation.
The substitute was adopted, making it a concurrent resolution, and so it was passed on the part of the House of Representatives.
Mr. SATTERWHITE moved an adjournment, but gave way for--
Mr. CAUTHORN, who (desirous of some orderly disposition of Mr. Shirley's constitutional amendment joint resolution to close the question of the debt of the Wabash and Erie Canal Company) moved that it be taken up and laid on the table, that matter having been superceded yesterday by the passage of Mr. Kimball's joint resolution.
The motion was agreed to,
And then the House adjourned till Monday at two o'clock p. m.
