THE
BREVIER LEGISLATIVE REPORTS.
THIRTEENTH VOLUME.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
WEDNESDAY, November 20, 1872.The House met at nine o'clock a. m.
The SPEAKER. The Committee on Chaplain Service informed me that the Rev. Mr. Day would be present this morning. As he is not present, the Clerk will read the Journal.
The Clerk read his journal of yesterday, till, on the motion of Mr. Thompson, of Elkhart, the further reading was dispensed with.
Mr. HELLER. I see the two bills introduced yesterday by my colleague (Mr. Bowser) the papers have credited to me.
The SPEAKER. They are credited right by the Clerk.
The bills numbered 41, 12, 13, 14, 15, 17, 18, 19, 21, 27, 29, 40, 43, 44, 48, 52, were read the second time by the title, and referred to appropriate Committees.
On motion of Mr. BRANHAM, his bill [H. R. 21] to amend the first section and title of the act to provide for the completion of the business of any session of the General Assembly by the succeeding session of the same General Assembly, was taken up and by suspensions of the rules and restrictions it was ordered to be engrossed, read the third time, and passed the House of Representatives--yeas, 91; nays, 0.
The SPEAKER took up the Call of the House by counties for
NEW PROPOSITIONS.
Mr. BOWSER. A bill [H. R. 58] to promote the science of medicine and surgery in the State of Indiana, and to provide penalties for the violations of its provisions. It permits wardens of prisons, superintendents of hospitals, etc., to deliver to medical schools bodies of deceased persons, under certain restrictions, and provides punishment, by imprisonment in the penitentiary, for violation of its provisions.
Mr. BOWSER moved to refer to a special committee, consisting of Messrs. Eaton, Richardson, Jones, Strange and Butterworth.
Mr. BAXTER moved to amend by referring to the Committee on Benevolent Institutions; and it was so ordered.
THE CARROLL COUNTY SURPLUS REVENUE CASE.
Mr. RICHARDSON offered the following:
WHEREAS, Two suits were instituted in the Circuit Court of Carroll county, Indiana, in the year 1868, by the State of Indiana, on the relation of John D. Evans, Auditor of State of Indiana, against Joseph Evans and William Dunkle, executors of Samuel Grimes, late of Carroll county, deceased, former agent appointed by the Legislature of this State in the year 1837, for the management of that portion of the surplus revenue fund of 1836, which was allotted to Carroll county, for the recovery of certain moneys in the possession of said executors which belonged to said surplus revenue fund; and
WHEREAS, The records of said Carroll Circuit Court show that said suits were prosecuted to final judgment, and that judgment was obtained thereon amounting in the aggregate to $45,699.04 for the use of the State of Indiana on account of'said surplus revenue fund ; and,
WHEREAS, The records of said Court show that said Auditor of State, John D. Evans, by his attorney of record in said suits receipted in full for said judgment, one on the 6th day of October, 1869, and one on th 12th day of July, 1870; and,
page: 73[View Page 73]WHEREAS, It appears from the records of the Auditor of State of Indiana, that only $700 of said money so recovered have been accounted for and paid into the State Treasury for the use of said surplus revenue fund, therefore,
RESOLVED, That a special committee consisting of five members of the House be appointed to investigate and inquire into the facts set out in the preamble of the resolution; and that said committee be empowered to send for persons and papers to aid them in such investigation, and that they report their proceedings hereon to this House without unnecessary delay.
The resolution was adopted.
Mr. ELLSWORTH. A bill [H. R. 59] to amend the Supervisors' act.
Mr. GIVEN. A bill [H. R 60] to provide for the assessment and collection of taxes for municipal purposes, on shares of stock owned in banks and banking associations doing business in the State of Indiana.
Mr. WILLARD. A bill [H. R. 61] to repeal the act to create the twenty-seventh judicial circuit, of April 23, 1869.A bill [H. R. 62] limiting the disposition of property by will to eleemosynary institutions to one-third the amount devised.
He also submitted, ineffectually, a resolution for furnishing members with five additional copies of the of the Weekly Journal, Weekly Sentinel, Mirror, etc.
Mr. TROUTMAN. A bill [H. R. 63] to amend sections 10, 11, 12, 14 and 16 of the common school act.
Committee on Education.
Mr. BUSKIRK. A bill [H. R. 64] to make holidays the 1st of January, the 4th of July, the 25th of December--thanksgiving, general election days of the State, and the days of Presidential election.
Committee on Banks.
Mr. ISENHOWER. A bill [H. R. 65] to authorize Prosecuting Attorneys of the Circuit Courts to prosecute pleas for the State before Justices of the Peace, and to regulate their fees before justices.
Judiciary Committee.
Mr. LENFESTY. A bill [H. R. 66] to amend the 207th section of the general practice act of June 18, 1852. [Specifying causes for the change of venue.]
The Committee on Organization of Courts.
Also a resolution requesting the Governor to furnish the House with the names and number of convicts who have received the benefit of the pardoning power since the 1st of January, 1871.
Mr. PFRIMMER. A bill [H. R. 67] making an appropriation of $413,599 48 to pay the claims of sufferers by the Morgan raid. Committee on Claims.
Mr. OFFUT. A bill [H. R. 68] to amend the seventh clause of section twenty-two of the act for incorporation of towns defining their powers, for the election of officers thereof, etc., approved June 11, 1852. Committee on Temperance.
Mr. KIRKPATRICK. A bill [H. R. 69] for an act in relation to the settlement of Supervisors of Highways with Township Trustees, defining the time of settlement. [First Saturday in October in each year.]
He also submitted a resolution for amendment of the rules so that any bill receiving a favorable committee report be printed for the use of members, which lies over one day.
Mr. BRANHAM. A bill [H. R. 70] for an act to enable counties bordering on lines or rivers forming State boundaries, and cities therein, to aid in the construction of railroads opposite such counties on either side: to run to such counties or to the State line or river forming the State boundary bordering such county; to form connections with other railroads in such county, and prescribing the duties of officers of such counties for that purpose; and to authorize cities to issue bonds for such railroad aid. Committee on Railroads.
Pending the reading of this bill, on the motion of Mr. CAUTHORN, there was a recess to hear a speech from the Hon. S. Colfax, Vice President of the United States.
GREETING MR. COLFAX.
Mr. Colfax was presently invited, and advanced to the dais for the Speaker's chair, and received with a quiet, general applause; and when the Speaker had presented him to the House, as a distinguished citizen of Indiana, Mr. Colfax, addressing the Speaker and the House, said, that on the occasion of his visit on the previous day, he had asked the Speaker to return to the House his thanks for the courtesy extended to him, and had congratulated himself, when leaving the hall, that for once he had escaped from a deliberative body, without the necessity of inflicting a speech upon the members. He had come in to day to see the members from his county, Messrs. Butterworth and Henderson, and some other friends, and had no thought of making a speech. He, would, therefore, be brief. He wished again to return thanks to the House for the very courteous manner in which they had unanimously tendered him its privileges during his brief stay in the city. As a citizen of the State, he was proud of his Indiana citizenship, and proud of this representative body (so universally spoken of here in the highest terms of praise), which has the guarding of its interests in its hands. In visiting the Hall of Representatives, he was reminded of the incident in page: 74[View Page 74]his early public career, when he sat there as a member of the State Constitutional Convention.
Many who met with him then and had both before and since, filled important positions in the political history of the State have passed away, but many of them still remain. Among these he instanced Judge Pettit, of the Supreme Court, at that tima a conspicuous leader in the then dominant Democratic party; M. Hendricks, the Governor elect of the State, between whom and himself the most cordial and friendly relations had existed from their meeting here in that convention in 1850, till the present time; Judge Holman, the Representative in Congress from the Third District; Judge Biddle, Robert Dale Owen, Judge Dunn, Mr. Newman, General Dunn, and others. The predictions so freely made at the time that convention was engaged in its deliberations that by their action the members were digging their political graves had, happily, so far as they were; concerned, not been realized, as many of them had been prominently connected with public affairs since. Many provisions engrafted in our State Constitution by that convention the State has since out-grown, and many others were then considered novel. He was glad to be able to say that many of the reforms then adopted were afterwards copied by older States. Especially worthy of mention in this connection was the clause prohibiting special legislation, and requiring all corporate bodies to be formed under the provisions of general laws, so that the rights of the poor might be guarded, and special privileges and favors denied to the rich and powerful. Though the constitution adopted by that body was at the time an honor to the State, she has since in many respects outgrown it.
It would be remembered by many of those present that a few years previously, at the time referred to by him in the Senate yesterday, when in 1843 he commenced public life as reporter, the State was almost bankrupt, although now happily free from debt, growing and prosperous. But even at that darkest hour in her history, when scarcely able to raise the means necessary to defray the current expenses of her government, when she was compelled to issue scrip which was hawked about the State at a heavy discount, even then the Legislature, relying upon the great heart of the people, had levied taxes for the establishment of benevolent institutions, where those whose minds had been overthrown could be ministered unto, where the blind could be made to almost see, and the dumb to almost speak. And, although the State in her poverty was almost a by-word, her people without distinction of party had indorsed this action of the Legislature, and no taxes have been more cheerfully paid then and since. He believed that noble and philanthropic action had brought God's blessing with, it that to it might be attributed, in great measure, the subsequent prosperity of the State. For State or citizen receiving the "blessings of those who are ready to perish," will surely receive an abundant rewards. As citizens of Indiana we were more interested in the development of her great resources, the advancement of her material prosperity, and her progress in all that is wise and just, than in mere questions of party triumph, and he had high hopes that their deliberations would tend to these resuits. Invoking the blessing of Him who holds in his hands the destinies of States and nations, upon their deliberations, and again thanking them for the courtesy shown him, Mr. Colfax closed amidst the applause of the members
The SPEAKER resumed the call of the House by counties for
NEW PROPOSITIONS.
Mr. BRANHAM. A bill [H. R. 74] to amend section sixty of the general city corporation act of March 19, 1867. [Regulating city proceedings in borrowing money to aid in the construction of buildings, etc., of public utility. It was referred, to the Committee on Corporations.
A bill [H. R. 72] for an act in relation to criminal circuit courts, and to create the 29th [Criminal] Circuit Court for Jefferson County. It was referred to the Committee on the Organizations of Courts.
Mr. WOOLLEN. A preamble and resolution [which were adopted] directing the Judiciary Committee to report to the House a bill to enable His Excellency the Governor to draw his compensation for residence, from the first of January last till the expiration of his term of office.
Mr. WILSON, of Ripley. A bill [H. R. 73] to fix the per diem and mileage of members of the General Assembly, and providing that they shall provide their own stationery. [$8 per diem.]
Mr. WOOD. A bill [H. R. 74] to amend section ninety of the criminal practic act of June 17, 1852. [Parties interestedParties accused may testify, but shall not be compelled, etc.]
The SPEAKER announced the following select committee in relation to the State House, viz: Messrs. Cauthorn, Willard, Goudie, Broadus King, Isenhower, page: 75[View Page 75]Durham, Anderson, Wilson of Ripley, Cobb (chairman), and Crumpacker.
Mr. EDWARDS, of Lawrence. A resolution for an order (which was adopted) that the credentials of members be referred be Committee on Credentials.
Mr. KING submitted a resolution for an order (which was adopted) for printing 3,000 copies of the annual reports of the trustees of each of the following institutions: The Hospital for the Insane, and Institution for the Blind, and the House of Refuge--100 copies of each report for the use of members of the House, etc.authority for printing the reports for the Institution for the Deaf and Dumb being already provided by law.
Mr. HARDESTY. A bill [H. R. 75] to authorize and regulate the incorporation of banks of discount and deposit in the State of Indiana [Not less than five corporators and three directorscapital stock not less than $25,000.] Committee on Corporations.
Mr. MARTIN. A bill [H. R. 77] concerning promissory notes, bills of exchange, bonds, or other instruments of writing promising to pay money or to do any act for the purpose of carrying out or enforcing contracts, services of processes, jurisdiction of justices, etc. Judiciary Committee.
Mr. SMITH. A bill [H. R. 78] to amend section 10 of the act to provide for the erection of a new prison north of the National Road, approved March 5, 1859. Committee on Fees and Salaries.
Mr. GLASGOW. A bill [H. R. 79] to amend sections 6, 10, 20 of the act to amend the act to provide for Supervisors of Highways, etc., approved December 26, 1865. Committee on Roads.
Mr. HOLLINGSWORTH. A bill [H.R. 80) to prevent the spread of thistles, common in this country, providing penalties, etc. Committee on Agriculture.
Mr. WALKER. A bill [H. R. 81] to amend sections 2, 3, 4 and 6, of the act to provide for the relocation of county seats, and for the erection of public buildings, approved March 2, 1855, and to amend the act of December 18, 1865. Committee on Courts.
U. S. SENATORIAL ELECTION.
A message from the Senate was received for information, that that body had passed Mr. Wood's bill appropriating $75,000 to defray the expenses of the special session of 1872, of the General Assembly of the State of Indiana. Also, a concurrent resolution that the General Assembly will, on the second Tuesday after the meeting and organizationon Tuesday, November 26, 1872, at 12 o'clock, m., of said day, by a viva voce of each member present in this House proceed to elect a Senator of the United States to represent the State of Indiana in Congress, whose term shall commence at the expiration of the term of Senator Morton.
On motion of Mr.WOODARD, the order of business was suspended and the House took up the consideration of the latter subject of the message from the Senate.
On motion of Mr. GIFFORD, the concurrent order for the time of the election of United States Senator was adopted--by yeas, 91, nays 1--on the part of the House of Representatives.
Mr. FURNAS asked and obtained leave of absence for Mr. Ogden, till the day after to-morrow.
JUDICIARY COMMITTEE.
Mr. WALKER submitted a motion for an order, which was adopted, that there be two members of the House added to the Committee on the Judiciary. The Speaker thereupon appointed Messrs. Miller and Shirley to serve as additional members of the Committee on the Judiciary.
On motion of Mr. WALKER the House then adjourned till to-morrow morning, 9 o'clock.
