HOUSE OF REPRESENTATIVES.
TUESDAY, January 28, 1873REPORTS FROM COMMITTEES.
Mr. Ring, from the Committee on Railroads, returned the Senate concurrent resolution in reference to the Buffalo and Mississippi Railroad Company, reciting the liabilities of that corporation to the school fund for dividends of profits above fifteen per cent, etc., and refusing to make statement of profits, etc., as required by their charter; and that the Governor forward a copy to the Secretary of the Lake Shore and Southern Michigan Railroad Company, provided that nothing herein shall be construed so as recognizing the legal existence of said company, or as waiving any liability thereof, recommending its adoption. The report was concurred in, and the concurrent resolutions were adopted on the part of the House of Representatives.
Mr. Furnas, from the Committee on Agriculture, returned Mr. Walker's bill [H. R. 126] to restrain animals running at large; and Mr. Butts' bill [H. R. 48] with similar object, recommending that they be laid on the table. These reports wrere concurred in.
Mr. Clark presented the petition of the Western yearly meeting of Friends at Plainfield, praying for prohibition, for responsibility of the seller for the damages of the traffic, and for the punishment of drunkenness.
The Speaker took up the call of the counties for
NEW PROPOSITIONS.
Mr. Clark introduced a bill [H. R. 402] to amend sections 1, 2, 3, 5, and repeal sections 4 and 6 of the act of June 10, 1852, denning felonies, etc., and to amend section 4 of the act of May 11, 1861, defining and punishing treason. (It proposes to provide imprisonment for life as the capital punishment for the various forms of the crime of murder, etc.) Rights and Privileges.
Mr. Kirkpatrick presented a petition for temperance.
Mr. Furnas introduced a bill [H. R. 403] prohibiting plank, macadam and gravel road companies from taking toll of any person going over their roads to or from Church or Sunday School on Sunday. (Fine, $5 to $20.) Rights and Privileges.
Mr. Wynn presented a petition for liquor legislation like that of Ohio and Illinois.
DIVORCE.
On motion by Mr. Woollen, his divorce law amendment bill [H. R. 333] was taken up by unanimous consent, and amended so as to provide that all marriages prohibited by law shall be void; and so it takes its place again in the calendar.
Mr. King introduced a bill [H. R. 404] to author cemetery companies to own and purchase or construct horse railways or to own stock in horse railway companies. Right and Privileges.
Also a bill [H. R. 405] supplemental to the act of February 15, 1871, establishing Superior Courts, etc. (Litigants in the Superior Court liable for costs as in the Circuit Court.) Judiciary.
On motion of Mr. Kimball, his insurance bill [H. R. 350] was taken up and referred to the Committee on Insurance.
Mr. Peed submitted a resolution directing the Committee on Temperance to report his bill [H. R. 100] to prohibit the sale of liquors to minors, to the House, either with or without recommendation.
Mr. Rumsey moved ineffectually to lay the resolution on the table; and then the resolution was adopted on a division - affirmative 37, negative 36.
Mr. Barker introduced a bill [H. R. 406] supplemental to the act of June 4, 1852, concerning enclosures, trespassing animals and partition fences. (One man shall not join his fence to an- page: 89[View Page 89] other without consent, the lane dividing not less than twelve feet wide). Rights and Privileges.
Mr. Hatch introduced a bill [H. R. 407] to provide for a site and plan for a State Inebriate Asylum. (The Governor, Auditor and Treasurer of State, and the Superintendent of Public Instruction, to be authorized to purchase not less than forty nor more than one hundred acres, not more than one and a half miles distant from some town or city of the State, to accept donations for site, etc., the plan to be for a building to cost not less than $50,000. The institution to be for medical treatment and reformation of inebriates - $6,000 to be appropriated for this purpose). Scientific and Benevolent Institutions.
Mr. Coffman presented a petition for temperance.
Mr. Cole presented the proceedings of a public meeting in Lafayette, Tippecanoe county, praying for the passage of the bill to authorize the $10,000 county aid to the Wabash and Erie canal.
Mr. Walker introduced a bill [H. R. 408] to amend the 311th section of the Practice Act. (It shall be a sufficient cause of challenge against a juror who has been interested in a similar case, or has sat as a juror on any prior trial of such case.)Judiciary. He also presented a petition from the citizens of Wayne county, asking for the completion of the Reformatory for women and girls.
Mr. McConnell introduced a bill [H. R. 409] regulating the fees of officers, and repealing former acts in relation thereto. (The fees of clerks, county commissioners, surveyors, docket, witnesses raid notaries). Fees and Salaries.
TEMPERANCE.
Mr. Baxter, from the Committee on Temperance, returned the Temperance Committee bill [H. R. 337] with amendment, inserting appropriately these words: "And the whole number of votes at the last previous election in any city or town." (Complaints for the infraction of this bill may be prosecuted before a justice of the peace, where the amount in controversy does not exceed $200). The amendment was adopted.
Mr. Glasgow proposed a further amendment (which was adopted by unanimous consent), striking out the words, "of good moral character," and so amended the bill was ordered to the engrossment.
CITY APPRAISEMENT
The Speaker took up from his table Mr. Billingsley's bill [H. R. 122] providing for the appraisement of real estate in all cities of 30,000 inhabitants or more, providing compensation and prescribing the duties of County Auditors therein.
Mr. Kimball (in reply to Mr. Givan.) The object is to enable the city to do without Assessors; so that County Assessors may do the work.
Mr. Givan. If it is for the purpose of doing away with the City Assessors and permitting the (bounty Assessors to do the assessing for city and county both, I think it may be a good law. We might thereby get a more uniform assessment.
Mr. Miller. I move to refer it back to the Committee on Ways and Means, with instructions to strike out the "30,000 inhabitants" provision.
Mr. Billingsley. It is to enable our county to take the city assessment, and apply it to the county assessment. It will save to the city of Indianapolis some three or four thousand dollars. It constitutes the City Assessor a member of the County Board of Assessors. If gentlemen wish for such a provision to apply to their counties, I am willing. As it is now, it is for the special benefit of the county of Marion.
Mr. Ogdon proposed to amend the instructions (and Mr. Miller accepted), by striking out "30,000," and inserting these words: "all the cities and incorporated towns of the State."
Mr. Branham. I would inquire, whether this bill provides that the city shall take the county assessment or the county the city assessment?
Mr. Billingsley. The county shall take the city assessment.
Mr. Branham. I would like it best the other way.
On motion of Mr. Walker, Mr. Ogden's motion was laid on the table.
Mr. Lenfestey and Mr. Mellett opposed the bill, the latter proposing to amend by striking out "city assessors'' and inserting "county assessors" in lieu.
Mr. King. It will take the county assessors six weeks longer to make the assessments, not having the plats.
Mr. Branham. It seems to me that the amendment is the present law.
Mr. Shirley. Let the towns and cities accept the assessments made by the State.
After further debate by Mr. Givan against mixing the State and city assessments, and by Mr. Walker in favor of the bill -
Mr. Woollen. If it be true that the city assessments commence on the first of January and the assessments for the State on the first of April, then this bill should not be passed till we shall require their assessments to be made at the same time.
On motion of Mr. Branham, the whole subject was laid on the table.
NEWSPAPERS FOR THE GENERAL ASSEMBLY.
Mr. Woollen's bill [H. R. 330], supplemental to the per diem bill of December 19, 1872. (No allowance shall be made for furnishing either branch of the General Assembly with stamps, newspapers, or stationery of any kind: provided, that the State Librarian shall furnish ink for the use of the members in their seats,) was taken up on the third reading.
Mr. Woollen asked and obtained unanimous consent to amend the bill by striking out the proviso - (ink). That will be furnished without law.
Mr. Butterworth. Does that forbid the furnishing the statutes?
Mr. Woollen. Not the use, but the giving of the statutes.
The bill was finally passed to the House of Representatives - yeas, 83; nays, 2.
MOORESVILLE.
Mr. Shirley's bill [H. R. 208] to legalize the official acts of the several Boards of Trustees of the town of Mooresville, in Morgan county, and to legalize similar proceedings in all other town boards in the State taken under the act of June 11, 1852, and all their by-laws adopted in pursuance thereof, was taken up on the third reading. It was finally passed the House of Representatives - yeas, 74; nays, 1.
JAIL PRISONERS PAROLE.
Mr. Johnson's bill [H. R. 245] to provide for paroling prisoners who may be confined in the county jails for the nonpayment of any fine assessed against them for violation of any of the penal laws of the State, was taken up on the third reading.
Mr. Johnson said the bill was prepared at the suggestion of Governor Baker. It was finally passed the House of Representatives - yeas, 61; nays, 16.
Mr. Johnson's bill [H. R. 246] concerning the granting of pardons by the Governor [the Governor may grant pardons to Penitentiary prisoners revocable at his pleasure]. Mr. J. said the bill was also prepared at the suggestion of Governor Baker - a suggestion resulting from his experience. Already in numerous instances have these pardons of prisoners been issued on conditions, but it is, perhaps, certain that the Governor could not enforce the condition. This bill is to do that. It is to authorize the Governor to do for page: 90[View Page 90] the State's prisoners what the other bill, No. 245, authorizes him to do for the county jail prisoners.
Mr. Miller opposed the hill. The result would be that the Governor would be annoyed by applications for pardon much more than he now is. It seems to me that the principle which underlies this whole matter of Executive pardon is wrong; for it depends not on the fact whether the conduct of the prisoner is meritorious or not, but on the fact of his having influential friends, a good looking wife, daughters, etc. I would much prefer to have the provisioning of the bill reported from the Committee on Reformatory Institutions, by which the length of the prisoner's term may depend on his behaviour while in confinement, and I would have this principle apply to those who are confined in the penitentiary for life.
Mr. Branham. I am satisfied that the provisions of this bill are just and right. I suppose that we are all aware that we can't pass a law that can do any good without its being susceptible of abuse; and all the evil of this bill must grow out of the abuse of the power it confers.
Mr. Mellett would like to except from its provisions those guilty of murder.
Mr. Johnson supported the bill and Mr. Heller and Mr. Lenfestey opposed it.
It was then rejected - Yeas, 33; Nays, 45.
The House then took a recess until two o'clock P. M.
AFTERNOON SESSION.
The Speaker announced the special order, the consideration of the Senate concurrent resolution for a joint special committee to employ reporters and contract for the binding of 500 copies of the Brevier Reports, etc.
The House refused to concur. Yeas, 30; Nays, 42.
The Speaker laid before the House the informal report of the Committee on Mileage, allowing R. S. Wilkerson and Charles H. Woodard, five dollars a day as committee clerk and janitor. It was concurred in.
CARELESS DRIVING.
Mr. Tulley's bill [H. R. 314] to prevent negligent or careless riding or driving on the public highways, (so as to injure or destroy the property of another, by fine of from five to fifty dollars), was taken up on the third reading and finally passed the House of Representatives yeas, 64, nays, 5.
PROTECTION OF DITCHES.
Mr. Shirley's bill [H. R. 146] to prevent the obstruction of ditches, dykes and running streams, and prescribing penalty, was taken up and finally passed the House of Representatives-yeas 70, nays 0.
HOUSE OF REFUGE.
Mr. Baxter's bill [H. R. 382] to authorize the enlargement of the House of Refuge for Juvenile Offenders (making an appropriation of $55,000 therefor, so as to increase the capacity of the House of Refuge and make it sufficient to accommodate at least 400 inmates) was finally passed the House of Representatives - yeas 68, nays 7.
RAILROAD AID.
On motion of Mr. Miller, the Senate amendments to his bill [H. R. 297] supplemental to act to authorize the construction of railroads by counties, etc., viz.: to amend the first section by inserting appropriately: "In the county or township making the donation or taking the stock": and in the second section: "And the Auditor and Treasurer shall superintend the collection of such taxes, but they shall not be delinquent until the said road shall be permanently located through the said county or township, and shall have expended an amount of money thereon equal to the amount of the said taxes; and if in three years said railroad shall not have expended such an amount of money thereon, the Board of County Commissioners may in their discretion make an order to annul, etc., on petition of thirty free holders and due public notice; provided that whenever said railroad shall have expended an amount of money equal to the stock taken by said county or township, it shall be the duty of the County Commissioners to order said money to be paid over at once." The amendments were concurred in.
DIVORCE.
The Speaker next announced the consideration of Mr. Woollen's bill [H. R. 333] concerning divorces.
The question being on the third reading thereof,
Mr. Bowser desired unanimous consent to amend the bill so as to save pending actions for divorce.
Mr. Woollen said : The proposed law does not save the cases now pending, because it was considered that it involves a question of morality, If it is right that we should change the divorce laws so as to change the causes for a divorce may be obtained, then it is not right to provide that divorces may be obtained for causes not included in the proposed law. We go upon the supposition that the law is wrong now, and that all actions for obtaining divorces should be striken down unless they come under the provisions of this act. I know very well that this is striking at some of my own private business as a lawyer; but while I am on this floor I shall vote for this bill as a representative of the people, and attend to my cases and clients as a lawyer, when I go home.After further debate, and further propositions to amend, in which Messrs. Hollingsworth, Smith, Woollen, Miller, Mellett, Wilson of Ripley, Shirley, Johnson, and Clark took part, the previous question pressure brought the vote, and the bill was finally passed the House of Representatives. Yeas, 56; nays, 21.
THE CONSTITUTION.
Mr. Walker submitted a joint resolution for giving notice to the electors of the State of the time of the submission of the question of the amendment to the Constitution prohibiting legislation for payment of the debt charged on the Wabash and Erie Canal, to wit: On the 18th of February, 1873, requiring the Secretary of State to give notice thereof by advertisement in the Indianapolis Journal and in the Indianapolis Sentinel, and the Governor to give notice thereof by proclamation. It was passed on the part of the House of Representatives - yeas, 74; nays 0.
Mr. Mellett's bill [H. R. 360] to appropriate $150 to distribute the report of the Superintendent of Public Instruction, was also finally passed the House of Representatives.
On motion of Mr. Mellett, it was ordered that two members be added to the Committee on Education.
Mr. Billingsly moved to take up the Senate concurrent resolution in relation to the public printing, but the House adjourned.
