THE
BREVIER LEGISLATIVE REPORTS
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
TUESDAY, November 19, 1872.The House met at nine o'clock. The Speaker directed the Clerk to read the journal of yesterday, which proceeded, and the same was approved by the House.
CHAPLAIN SERVICE.
Mr. CLARK, from the Select Committee on Chaplain, reported that the clergy of the city had signified their readiness to officiate at the opening of the House. The report was concurred in.
EMPLOYES.
Mr. WALKER, from the Select Committee on Employes, submitted a report which was concurred in.
It announces the following appointments:
PAGES.
By the Speaker--Charles Burnett, in attendance upon the Speaker; Eddy Mason, ---- Cobb, ---- Munson, ---- Southard, floor pages.
By the Principal Clerk--Charles Lambert.
CLERKS.
By the Principal Clerk--John L. Rupe, Reading Clerk; J. C. McCormick, Registry Clerk; John C. Elber, File Clerk; John M. Commons, Stephen Metcalf, Eugene Sullivan. Enrolling Clerks; Granville S. Wright, Colonel W. H. Snodgrass, Miss E. Pettijohn, D. W. Rowland, Engrossing Clerks.
By the Assistant Clerk--Wm. S. Bartley, Minute Clerk; Alexander Shepherd and Daniel M. Ransdell, Journal Clerks; W. H. Brown, George O. Henry, L. D. Wilson,, John E. Pitner, Copying Clerks.
ASSISTANT DOOR-KEEPERS, ETC.
By the door-keeper--W. H. H. Graham, assistant door-keeper; Frank M. Busby, east door; J. McLain, west door; G. M. Adams, cloak room; E. P. Beauchamp, second cloak room; J. H. Edwards, postmaster; W. D. Hamilton, assistant postmaster, Fisk Lofler, mail carrier; Frank Matlock, first paper folder; Lewis Mason, second paper folder; W. H. Freeman, doorkeeper of committee room; Jesse Green, sweeper; James Lockhart, first fireman; Wm. Hutchings, second fireman; Henry Baily, water carrier; H. H. Porter, care of water closet; Isaac H. Johnson, spittoon cleaner; Ernest Cole, door-keeper of Chief Clerk's room.
MERWIN, MCDONALD & LONG.
Mr. WALKER, from the special Committee on Claims, reported in favor of allowing the claims of Messrs. Merwin, McDonald & Long, for services in organizing the House. Report concurred in.
MERWIN'S PROPOSITION.
Mr. WALKER, from the special Committee on Employes, reported adversely to the proposition of Messrs. Wm. M. Merwin and Henry C. Painter to perform the duties of postmaster of the House. The report was concurred in.
page: 62[View Page 62]INTERNAL IMPROVEMENT BONDS.
Mr. CAUTHORN submitted the following, which was adopted:
WHEREAS, His Excellency, the Governor, in his message delivered before the joint convention of the two Houses on Thursday last, calls the attention of the General Assembly to the unsurrendered bonds issued for internal improvement purposes, now held by John W. Garrett, the payment of which is now subject to be enforced by legal proceedings now pending in the Cass County Circuit Court, and also recommends immediate action to be taken in the premises by this General Assembly ; therefore,
RESOLVED, That His Excellency, the Governor, is hereby respectfully requested at his earliest convenience, to inform this House under what authority of the State of Indiana said bonds so held by Garrett were issued; the date of the act authorizing their issue; the amount of the principal, interest and cost which the Treasury of the State will have to lurnish in case of their payment by the State, according to the recommendations of His Excellency.
RESOLVED, That His Excellency the Governor is also requested at the same time to inform this House under what authority of the State of Indiana the bonds held by William H. Beers and others, whose payment was subject to be enforced by suit in the Carroll County Circuit Court some ten years since, were issued, the date of the act authorizing their issue, the amount of said bonds together with interest and cost, and what was the final issue of said legal proceedings, subsequent to the decision of the Supreme Court of the United States, reported in 2 Black's Supreme Court Reports, and whether said bonds are paid, and, if so, who paid them; and what amount the Trustees of the Wabash and Erie Canal were compelled to disburse out of their trust fund in consequence of said legislation.
RESOLVED, That His Excellency is also respectfully requested to give his opinion whether, if the State, out of abundant precaution and with accustomed generosity, ex grata, make provision for the payment of the Garrett bonds, as recommended by His Excellency, the State will ever in future be threatened or harrassed on account of unsurrendered internal improvement bonds by uny other person or persons, or by any corporation, trust or other source whatever, and whether such payment by the State can be construed into a breach of plighted faith on the part of the State by reason of the latter proviso of section eight, of an act approved January 27, 1847, being an act supplemental to an act commonly called the Butler Bill.
Mr. SHIRLEY objected to the promiscuous submission of propositions, and demanded the enforcement of the rule regulating the same for the morning hour.
NEW PROPOSITIONS.
The SPEAKER recognized the demand, and directed the Clerk to call the House by counties and Representative Districts for the introduction of bills, the submission of resolution, etc.
WILLIAM B. WALTERS.
Mr. HELLER submitted a resolution for an order (which was adopted) directing the Committee on Claims to examine the records of the last session of the General Assembly and report the facts in the contest of William B. Walters against R. L. Taylor, for the seat of the latter as a Representative for the county of Allen in the 47th General Assembly of Indiana, and whether Walters shall receive the customary remuneration.
He also submitted a resolution for an order (which was adopted) requesting the Committee of Judiciary to draft a bill to amend the corporation drainage law, and report without delay.
NEW CAPITOL.
Mr HELLER also presented a preamble and resolution for an order for a special committee of one from each Congressional District, to consider the propriety of a new capitol building, and report during the present session.
He also introduced a bill [H. R. 11] for an act to amend sections 62, 63, 65, 66 of the act to repeal all general laws now in force for the incorporation of cities, etc, approved March 14, 1867, and declaring an emergency.
He also introduced a bill [H. R. 12] to exempt two months' wages or salary from garnishee or foreign attachment, excepting cases wherein fraud is alleged and supported by oath.
NEW PROPOSITIONS.
Mr. ELLS WORTH, a bill [H. R. 13] to repeal section one of the act prescribing the duties and fixing the compensation of State agent, and authorizing the Secretary of State to perform his duties, approved June 17, 1867, and amending section four thereof.
Mr. GOUDIE, a bill [H. R. 14] to amend sections five and seven of the act to amend section two of the act in relation to certificates of resignation of officers, approved May, 1852.
Mr. GIVEN, a bill [H. R. 15] to amend section 70 of the act providing for the election and qualifications of Justice of the Peace, and prescribing their powers and duties in civil causes, approved June 6, 1852.
Mr. LENFESTY, a bill [H. R. 16] to regulate and license the sale of spiritous, vinous, malt and other intoxicating liquors, to repeal former laws on that subject and prescribe penalties, and prevent adulteration. [Makes the license fee $500, and the party selling and the person owning the property where the same is sold jointly liable for any injury sustained by reason of intoxication of any person.] Referred to the Committee on Temperance.
Mr. THOMPSON of Elkhart, a bill [H. R. 17] to divide the State into Congressional Districts, as follows:
First District--To be composed of the counties of Posey, Vanderburg, Gibson, Knox, Sullivan and Clay.
page: 63[View Page 63]Second District--Crawford, Perry, Spencer, Dubois, Martin, Green, Daviess, Pike and Warrick.
Third District--Jackson, Clark, Washington, Floyd, Harrison, Lawrence and Orange.
Fourth District--Jennings, Brown, Bartholomew, Johnson, Monroe, Morgan, Putnam and Owen.
Fifth District--Franklin, Decatur, Dearborn, Ohio, Switzerland, Ripley, Scott and Jefferson.
Sixth District--Hancock, Henry, Wayne, Union, Fayette, Rush and Shelby.
Seventh District--Marion, Boone and Hendricks.
Eighth District--Vigo, Parke, Fountain, Vermillion and Montgomery.
Ninth District--Cass, Miami, Carroll, Tippccanoe, Howard and Warren.
Tenth District--St. Joseph, Laporte, Porter, Lake, Starke, Newton, Jasper, Fulton, Benton, White and Pulaski.
Eleventh District--Elkhart, Kosciusko, Lagrange, Noble, Steuben, DeKalb and Marshall.
Twelfth District--Allen, Adams, Wells, Blackford, Jay, Randolph and Delaware.
Thirteenth District--Huntington, Whitley, Wabash, Tipton, Grant, Madison and Hamilton.
Mr. ISENHOUR, a bill [H. R. 18] to amend the third section of the act in relation to county treasurers, approved June 4, 1852.
Mr. BUSKIRK, a bill [H. R. 19] to enable husband and wife, or either, to be a witness for or against each other in civil see. A bill [H. R. 20] for an act concerning contracts wherein the obligors agree to pay plaintiff's attorney fees if sued on. Referred to the Judiciary Committee.
Mr. PFRIMMER, a bill [H. R. 21] to amend the seventh section of the act regulating the granting of divorces, nulification of marriages, and the decrees and orders of court incident thereto; approved May 13, 1852.
Mr. BRANHAM, a bill [H. R. 22] to amend the first section and title of the act of March 4, 1866, providing for the completion of the unfinished business of any session of the General Assembly by the succeeding session; and to amend the title thereof so as to read: "To provide forthe completion of the unfinished business of one session of the General Assembly by succeeding session of the same General Assembly."
Mr. BRANHAM. This bill provides merely for the transmission of the business of this extra session to the regular session; and on his motion the rules and constitutional provision were suspended--yeas, 94; nays, none--and the bill was read the first time and the second time by title, and ordered to the third reading.
Mr. WOOLLEN, a bill [H. R. 23] to amend section 7 of the act providing for the granting of divorces, etc., approved May 15, 1852 Judiciary Committee. A bill [H. R. 24] to provide designated depositories of the public funds of the State in the several counties, and to provide penalties for the enforcement thereof. [It provides for the deposit of the funds of the State in one or more banks in the city of Indianapolis, to be designated by the Governor and Auditor and Treasurer of State, and for the designation, by county commissioners, of one or more banks within their respective counties wherein the funds of such counties shall be deposited. It is provided that interest on such deposited funds shall be accounted for semi-annually and the account thereof kept separate from that of the principal.] Trust Fund Committee.
Mr. WILSON of Ripley, a bill [H. R. 25] fixing the salaries of Governor, Judges of the Supreme Court, the Circuit Courts, the Courts of Common Pleas, and the District Attorneys. [Governor, $8,000; Supreme Court Judges, $4,000; Circuit Judges, $3,000; Common Pleas Judges, $2,500; District Attorneys, $500.] Committee on Fees and Salaries. A bill [H. R. 26] to amend section 9 of the act providing for the election and qualifications of Justices of the Peace, approved June 9,1852. [The jurisdiction of Justices shall be co-extensive with their respective counties.] A bill [H. R. 27] to amend an act concerning interest on judgments.
Mr. WESNER, a bill [H. R. 28] defining and extending the jurisdiction of the Courts of Common Pleas in civil causes. Judiciary Committee.
Mr. SHIRLEY, a bill [H. R. 29] to amend sections twenty and twenty-seven of the act regulating fees and salaries and the duties of certain officers therein named, prescribing penalties, etc.; approved February 21, 1871; Committee on Fees and Salaries. A bill [H. R. 30] to amend section 445 of the general practice act of June 18, 1852, [Amendment--No property shall be sold on execution for less than two-thirds the valuation; provided the property duly appraised shall fail to sell for two-thirds, then it may be sold thereafter for any sum not exceeding one-half the appraised value.] Judiciary Committee. A bill [H. R. 31] to regulate the public printing. [To be let to the lowest competent bidder--the Governor, page: 64[View Page 64]Secretary and Treasurer of the State to superintend the matter of the letting.] Printing Committee.
COMPLIMENTARY TO THE GOVERNOR.
Mr. CAUTHORN submitted the following, which was adopted:
RESOLVED, That we heard with great pleasure the able and exhaustive message delivered in the presence of the two houses of this General Assembly, on Thursday, by His Excellency, Conrad Baker; and whilst there may not be perfect and entire unanimity upon all the recommendations therein contained, yet it commends itself to the judgment of this House as an able and reliable State paper
RESOLVED, That the allusion madeby His Excellency to Norman Eddy, late Secretary of State for Indiana, does credit to his past reputation as a Christian statesman, and meets with a hearty response and approval from this House; and so beautifully and feelingly is the allusion made that we are at a loss whether to admire more the sentiments expressed, or the emotional manner in which they found expression.
RESOLVED, That having experienced, during his administration, the disadvantages resulting from the parsimonious salary meted out to him, we appreciate more fully the unselfish spirit with which he endeavors to shield his successors in office, immediate and remote, from like impositions.
NEW PROPOSITIONS.
Mr. WOOD, a bill [H. R. 82] to prescribe the time of holding the Common Pleas in the Sixteenth District, and repeal all laws in conflict therewith. Referred to Messrs Crumpacker, Glazebrook and Hatch. A bill [H. R. 33] appropriating $75,000 to defray the expenses of the special session of 1872 of the General Assembly of the State of Indiana. It was read the first time and, under a suspension of the rules, it was read the second time by title, considered as engrossed, and finally passed the House.--Yeas, 94; nays, 0.
Mr. EWARD submitted a resolution for an order that the Secretary of State furnish each member of the House with a copy of the laws, House journals and BREVIER REPORTS of the regular session of 1871. Mr. SHIRLEY proposed to strike out the BREVIER REPORTS, which was rejected. The resolution was adopted.
Mr. EWARD submitted a joint resolution for instructing our Senators and requesting our Representatives in Congress to secure the passage of a law to equalize the bounties of soldiers and seamen in the War of the Rebellion; [the allowance to honorably discharged soldiers, sailors and marines who served in the War of the Rebellion, of a bounty equal to eight and one third dollars for each month of service after deducting all bounties heretofore paid.]
Which was adopted on the part of the House.
Mr. HARDESTY, a bill [H. R. 34] to provide the number of petit jurors necessary to find a verdict in all civil and criminal causes in the State. [It provides that in all civil cases eight jurors shall be competent to find a verdict; in. criminal cases below a felony, a like number of jurors shall find a verdict; in criminal cases below the grade of a capital crime, nine jurors shall be competent to find a verdict conviction or acquittal, and in all cases involving a trial for a capital offense, the voice of the entire jury shall be necessary to the finding of a verdict. In all cases where a verdict is found by a less number than the entire jury, the foreman shall sign the same, whether assenting or dissenting thereto.]
Referred to the Judiciary Committee.
Mr. BILLINGSLEY. A resolution that the Hon. Schuyler Colfax, a distinguished citizen and Vice President of the United States, who is now on a visit at the Capital, be invited to occupy a seat within the bar of the House during his stay.
Mr. JOHNSON, a bill [ H. R. 35] to amend the 90th and 103d sections of the practice and procedure act.
Mr. KIMBALL, a bill [H. R. 36] to amend sections one, six and 16 of the act to incorporate the Franklin Insurance Company, approved February 13, 1851.
Committee on Insurance Companies.
Mr. KING, a bill [H. R. 37] to authorize the appropriation of money out of the State Treasury for the use of the Indiana University to pay a debt of the Trustees theroof, incurred by borrowing money to defray the current expenses of that institution for the years 1870 and 1871 [$8,000]. A bill [H. R. 38] to amend the act to incorporate the Indiana Fire and Marine Insurance Company, approved February 13, 1851. Committee on Insurance Companies. A bill [H. R. 39] to amend section 2 of the act concerning voluntary associations, approved February 12, 1855.
Mr. HENDERSON, a bill [H. R. 40] to repeal the act to provide for the redemption of real property, or any interest therein, sold on execution or other order of sale, approved June 4, 1861. A bill [H. R. 41] to repeal the Corporation Drainage act of May 22, 1869, and the act supplemental thereto, approved February 23, 1871. Committee on Swamp Lands: And he presented petitions for these objects numerously signed, which were read and referred to the same committee.
Mr. WOODARD, a bill [H. R. 42] to repeal the act of May 12, 1869, authorizing aid in the construction of railroads by counties and townships taking stock therein. Committee on Railroads.
page: 65[View Page 65]Mr. SCHMUCK, a bill [H. R. 43] to repeal the act to provide for the redemption of real property, or any interest therein, sold on execution, etc., approved June 4, 1861.
Mr. PEED, a bill [H. R. 44] to repeal the act to discourage the keeping of useless and sheep-killing dogs; also the dog law of March 11, 1861. [This act is not to be construed so as to affect the act of 1852 for the protection of sheep, and the supplemental act of March 2, 1865.]
The SPEAKER laid before the House a communication from the Governor transmitting the annual report for the Trustees and Superintendent of the Institution for the Education of the Blind, requesting that the necessary resolutions for printing the same may be passed at as early a day as practicable.
On motion of Mr. WOOLLEN, it was referred to the Committee on Scientific and Benevolent Institutions.
The SPEAKER laid before the House a Communication from the Auditor of State, responding to Mr. Hardesty's resolution, for information as to the cost of the BREVIER LEGISLATIVE REPORTS. The Auditor shows that the following sums have been audited and paid on this account, including Binding:
| In 1861 | .......................................................$ 2,750 50 |
| In 1865 | ....................................................... 2,268 60 |
| In 1867 | ........................................................ 4,760 00 |
| In 1869 | ........................................................10,375 32 |
| Total in ten years | ......................................$20,154 42 |
He also reports bills on account not audited for the reason that no appropriation was made by the last General Assembly on that account.
On motion of Mr. HARDESTY the Communication was referred to a special Committee consisting of Messrs. Hardesty, Richardson and Thayer.
The SPEAKER also presented a Communication from the Governor, transmitting the report of the Superintendent of the Soldiers' Home.
On motion of Mr. CAUTHORN it was referred to the Committee on Benevolent Institutions.
Mr. SMITH. A resolution for extending the powers of married women to make contracts. A bill [ H. R. 45] to amend section one of the act fixing the per diem and mileage of members of the General Assembly, Secretaries, Clerks and Doorkeepers, and their employes, approved December 20, 1865. [$4 per diem.] Committee on Fees and Salaries.
Mr. COLE. A bill [H. R. 46] to repeal the act providing for the protection of fish, etc., approved February 22, 1871.
Mr. RIGGS. A bill [H. R. 47] to empower the Board of Trustees of any incorporated town in this State to appoint a town attorney, prescribing his duties and compensations.
Mr. BUTTS. A resolution that the Committee on the Judiciary inquire what further legislation is necessary to secure a just and equitable adjustment of taxable property in this State, as required by the Constitution of the State, and report by bill or otherwise. Adopted. A bill [H. R. 48] to provide against animals running at large, and for the protection, taking up and impounding the same, repealing an act on this subject of May 31, 1862.
It was referred to the Committee on Agriculture.
Mr. COWGILL. A bill [H. R. 49] ereating the 22d Judicial Circuit of Indiana and fixing the time of holding Circuit Courts therein. Committee on the Organization of Courts.
Mr. ODLE. A bill [H. R. 50] to amend the fifth section of the act to discourage the keeping of useless and sheep killing dogs, and repealing the act of March 11, 1861, not to conflict with the provisions of the act of June 15, 1852, supplementing an additional section and declaring an emergency. Committee on Agriculture.
SPECIAL COMMITTEES.
The SPEAKER announced the following Special Committees on subjects referred to in the Governor's message, under the resolution offered by Mr. Kimball.
The late Norman Eddy--Messrs. Henderson, Butterworth, Offutt, Wood and Cauthorn.
Tippecanoe Battle Ground--Messrs. Hollingsworth, Strange and Cole.
Soldiers' Monument--Messrs. Riggs, Willard, Goudie, Offutt, Kimball (chairman), Edwards, Richardson, Cowgill, Bowser, Glasgow and Hatch.
On motion of Mr. OFFUTT the House then took a recess till two o'clock p. m.
AFTERNOON SESSION.
The SPEAKER called the House to order at two o'clock p. m., and pursued the call by counties and districts.
Mr. BAXTER introduced a bill [H. R. 51] for an act to provide against the evils resulting from the sale of intoxicating liquors. It makes intoxication unlawful, and punishable by fine and imprisonment; makes the party selling the liquor by which a person is made drunk responsible for his proper care; gives the wife or children, or others dependent upon the per- page: 66[View Page 66]sons so made drunk, redress against the person selling the liquor or the owner of the property where sold; forbids change of venue in suits brought under it, and authorizes the sale of the premises on which the liquor whereby any one is made drunk to be sold to satisfy any judgment rendered for damages sustained in consequence thereof.
Referred to the Committee on Temperance.
Mr. GREGORY. A resolution directing that the unexpended balance of $18,000 appropriated to defray the expenses of the last General Assembly be devoted to defraying of the expenses of the present session.
It was adopted.
GENERAL ELECTIONS.
The SPEAKER called the attention of the House to the bill [H. R. 1] introduced by Mr. Mellett on the first day of the session, for an amendment to the Constitution changing the day for the holding of general elections, which remained undisposed of.
Mr. SHIRLEY expressed a doubt as to the power of this body to take up and consider any amendment to the Constitution while another is pending before the General Assembly or the people.
Mr. MELLETT was equally in doubt as to the right of the House in the case, and in view of the probability that an act would soon be passed calling a constitutional convention he would, with the consent of the House, withdraw the bill.
There being no objection the bill was withdrawn from the Clerk's files.
Mr. Peed's bill [H. R. 2] changing the time for holding courts in the Third Judicial Circuit was referred to a committee consisting of the members from the counties composing that district.
Mr. Butterworth's bill [H. R. 3] to repeal the Kankakee drainage law was referred to the Committee on Swamp Lands.
Mr. Hatch's corporation drainage act repeal bill [H. R. 4] took the same reference.
Mr. Shirley's exemption bill [H. R. 5] was referred to the Committee on the Judiciary.
Mr. Given's justices' jurisdiction amendment bill [H. R. 7] was referred to same committee.
Mr. Furnas' hunting and shooting amendment bill [H. R. 8] was referred to the Committee on Agriculture.
Mr. Shirley's public printing bill [H. R. 9] was referred to the Committee on Printing.
Mr. Woollen's bill [H. R. 10] was referred to the Committee on County and Township Business.
Mr. Kimball's centennial association bill [H. R. 6] was referred to the Committee On Federal Relations.
NEW PROPOSITIONS.
The SPEAKER now resumed the call by counties and districts for original proposititns.
Mr. RENO introduced a bill [H. R. 52] for an act to amend the fish law; which was read and ordered to the second reading.
Mr. KING. A bill [H. R. 53] to authorize an appropriation of money out of the Treasury to enable the Trustees of the Indiana University to erect additional buildings [$30,000]. Committee on Education.
Mr. MELLETT. A bill [H. R. 54] to amend the act passed at the special session of the General Assembly, in December, 1865, to secure an equitable valuation, assessment and taxation of railroad property. Committee on Railroads.
Mr. MELLETT introduced a bill [H. R 55] to amend the Common School law. It provides for the appointment, in 1874 and triennially thereafter, by County Commissioners, of a County Superintendent, who shall hold at least one public examination each year, and shall grant no certificate to any teacher upon a private examination. He shall visit each school once a year, be the medium of communication between the State Superintendent and the officers of schools, and do all in his power to promote the effieiency of the schools. He shall have an office at the county seat, furnished by the County Commissioners, and shall receive $5 per day for each day of actual service, and an allowance for necessary office expenses. The Commissioners may limit the number of days' service of the Superintendent, but shall not restrict him to less than 150 days in each year. He shall also see to the collection of all fines and forfeiture accruing to the school fund. Referred to the Committee on Education.
Mr. OGDEN. A bill [H. R. 56] appropriating $20,000 annually, additional to all appropriations heretofore made in aid of the Indiana State University. Referred to the Committee on Education.
Mr. HOLLINGS WORTH. A bill [H. R. 57] to prevent stock from running at large. Referred to the Committee on Agriculture.
VISIT FROM VICE-PRESIDENT COLFAX.
During the reading of the above bill Vice President Colfax entered the hall of the House, and was escorted to the Speak- page: 67[View Page 67]er's desk by General Kimball. His appearance was greeted with applause by the members. When the reading of the bill was concluded, a recess was taken by the House, and members gathered around Mr. Colfax to exchange congratulations and take him by the hand.
The House being again called to order, the Speaker on behalf of Vice President Colfax, returned his thanks for the greeting extended to him. Mr. Colfax then withdrew, in company with a committe sent from the Senate to escort him to the Senate Chamber.
Mr. WILLARD said he was informed by the Clerk, there was already so much business introduced he would have difficulty in clearing his table in time for the morning session to-morrow, and he therefore moved an adjournment. At the request of several members he withdrew the motion.
Mr. WOOLLEN asked and obtained leave of absence for Mr. Kimball, for Wednesday and Thursday.
Mr. WOODARD offered a resolution directing the Doorkeeper to provide rooms for the use of the standing Committees, which was adopted.
STATIONERY, ETC.
Mr. OGDEN from the Special Committee appointed to fix the amount to be paid each member for stationery, stamps, and the number of newspapers to be furnished each member reported a resolution that each member draw $25 worth of stationery and stamps; that the Chairman of each Committee be authorized to draw $10 worth of stationery for his Committee; that the Chief Clerk be authorized to draw an amount of stationery not exceeding the cost of $50; the Assistant Clerk to draw stationery not exceeding the cost of $75; the Doorkeeper to draw the needful stationery not exceeding the cost of $10. He also reported another resolution, that the Doorkeeper be authorized to contract with the publishers thereof to furnish each member and elective officer of the House with three copies of the Indianapolis Daily Journal, the Daily Sentinel, the Daily Telegraph, the Weekly Volskblatt, wrapped and stamped, provided such newspapers can be purchased at wholesale prices.
Mr. Kimball proposed to amend the clause with reference to stationery and scamps, so as to authorize the Secretary of State to furnish each member of the House with $50 worth of Stationery and stamps; and that each member elect the amount of stationery and stamps for himself.
The amendment was adopted.
The report, as amended, was then concurred in.
Mr. SHIRLEY. I have been informed that it is the duty of the Librarian to furnish rooms for the committees; and if that be so I see not the propriety of placing that duty in the hands of the Doorkeeper. It may be that the resolution just passed will interfere with existing arrangements.
Mr. CAUTHORN. I believe that the Doorkeeper is the proper officer to furnish the committee rooms; but if anything has been done in the matter of hiring rooms, the Doorkeeper can confer with the Librarian.
Mr. SCHMUCK moved for a reconsideration of the vote by which the amended report of the Special Committee on Stationery was concurred in, stating that himself and others near him did not understand the question.
The SPEAKER. How did the gentleman vote?
Mr. SCHMUCK. I did not vote at all.
The SPEAKER. Then the gentleman can't make the motion to reconsider.
Mr. FURNAS. I move to reconsider the vote concurring in the report, and to lay the motion to reconsider on the table.
Mr. BRANHAM. I hope the motion to reconsider will not be laid on the table. We certainly did not well understand the question here. I call for a division of the question.
The SPEAKER. A division being demanded, the first question will be on the adoption of the motion to reconsider the vote concurring in the report as amended.
Mr. KIMBALL. I move to lay that motion on the table.
The yeas and nays being demanded, ordered and taken on the question, the result was, yeas, 56; nays, 39--as follows:
YEAS--Messrs. Anderson, Barrett, Billingsley, Bowser, Buskirk, Broadus, Cauthorn, Cline, Coffman, Cobb, Cole, Cogwill, Durham, Eaton, Eward, Furnas, Gifford, Goble, Gregory, Gronendyke, Hardesty, Hatch, Holler, Henderson, Isenhower, Johnson, Jones, Kimball, King, Kirkpatrick, Lee, Lent, Martin, Mellett, Miller, MrKinney, Odle, Ogden, Peed, Richardson, Rumsey, Spellman, Strange, Shutt, Teter, Tingley, Thompson of Spencer, Thayer, Tulley, Walker, Wesner, Wolflin, Woollen, Wood and Woodard--56.
NAYS--Baker, Baxter, Blocher, Branham, Brett, Butts, Butterworth, Clark, Claypool, Crumpacker, Edwards, Ellsworth, Given, Glasgow, Glazebrook, Goudie, Hollingsworth, Hoyer, Lenfesty, McConnell, North, Offutt, Prentiss, Pfrimmer, Rudder, Reno, Reeves, Satterwhite. Schmuck, Shirley, Smith, Stanley, Thompson of Elkhart, Troutman, Wilson of Ripley, Wilson of Jay, Willard, Whitworth, Wynn and Mr. Speaker--39.
So the motion to reconsider was laid on the table.
The House then adjourned.
