HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 29, 1873COMMON SCHOOL.
Mr. Woollen asked and obtained unanimous consent to introduce a bill [H. R. 310] to amend section one of the act of March 9, 1867, to authorize township trustees and the trustees of incorporated towns and the common councils of cities to levy a tax for school purposes, and to extend the same to assessment and collection - so as to secure the maintainance of the common schools at least six months of the year. [It proposes a tax of twenty-five cents on the hundred dollars and twenty-five cents on each poll, which, together with the tuition rates they may receive from other sources, shall secure the maintainance of the schools at least six months in each year.)
On the motion of Mr. Woollen (the restriction being suspended for the purpose) the bill was read the second time by the title and made the special order for two o'clock this afternoon, with the other school propositions.
THE PUBLIC PRINTING.
On motion of Mr. Billingsley, the joint resolution from the Senate concerning the Public Printing; to authorize the late State Printer, under the inspection of the Secretary of State, to finish the printing and binding of the Agricultural Report and the Report of the superintendent of public institutions, provided, etc. Also to finish the printing of the laws and journals and the reports of the State Prisons north and south, and of the State Normal School provided that he shall not bind the same except on special contract, etc., and to authorize the binding of 300 copies of the laws of the special session of 1872 for the use of this General Assembly,was taken up and adopted on the part of the House of Representatives - yeas, 74; nays, 0.
Mr. Millett, (by unanimous consent) returned from the Committee on Education, his bill [H. R. 55] to amend the common school law, with amendments, "provided that city schools having a superintendent, etc., may be exempt from the provision of this section"(3): and in section five insert: "which certificates shall be issued according to such standard of qualifications as said board may in their discretion prescribe." Also excepting the book clause as to cities. The amendments were adopted, and on motion of Mr. Branham it was made the special order for this day at two o'clock P. M.
REPORTS FROM COMMITTEES.
Mr. Brett, from the Committee on Public Buildings, returned the bill [S. 29] to provide for the enlargement of the State House grounds, recommending its passage, it was ordered to the engrossment.
ABSENTEEISM.
Mr. Walker, from the Committee on the Judiciary, returned Mr. Reno's bill [R. R. 381] regulating the per diem of members of the General Assembly, recommending that it be indefinitely postponed.
Mr. Reno supported the bill by such considerations as: that if I hire a man by the day and he loses time and charges it up against me, he can not recover it. So he enforced the bill, which provides that members of the General Assembly shall be charged eight dollars per day for absent-teeism; and the House refused to concur in the report for indefinite postponement - yeas 41, nays 48, and the question recurred on the engrossment.
Mr. Kimball moved for a suspension of the restrictions, that the bill may be advanced to the final reading.
Mr. Mellett proposed to amend by inserting after the words "obtaining leaves of absence" these words: "except, on account of of sickness of himself or family, which was adopted.
On motion of Mr. Woollen, the bill was further amended by striking out the preamble.
Mr. Shirley moved to further amend by making the charge of absence "four" dollars a day, instead of eight.
Mr. Hollingsworth opposed the amendment.
Mr. Lenfesty opposed the bill. We are sworn officers here and respensible to the people.
Mr. Walker. The stock in trade of this bill is too cheap for me to invest in it. He moved to lay the amendment on the table.
On motion of Mr. Branham, the motion was amended and the whole matter was laid on the table.
REPORTS FROM COMMITTEES.
Mr. Walker, from the Committee on the Judiciary, returned Mr. Smith's bill [H. R. 326] to amend section 37 of of the act providing the election and qualification of justices of the peace, defining their duties in civil actions, etc., recommending its indefinite postponement, which was concurred in.
Mr. Miller returned Mr. Walker's bill [H. R. 408] to amend section 311 of the practice act of June 18, 1852, recommending its passage.
Mr. Ogden returned Mr. Walker's bill [H. R. 390] to amend the 447th section of the practice act of June 18, 1852, recommending its passage. Which reported recommendations were concurred in and the bills were ordered to be engrossed for the third reading.
A message was received from the Governor transmitting a communication, with documents, relative to the culture and increase of fish in the great lakes.
Mr. Wilson, of Ripley, from the Committee on the Judiciary, returned Mr. Wesner's bill [H. R. 169] to amend section 1 of the act to amend section 43 of the act providing for the settlement of decedents' estates, prescribing the duties of officers and others thereon, approved July 17, 1852, February 19, 1869, February 8, 1867, recommending its indefinite postponement, which was concurred in. Mr. Johnson returned Mr. Peed's bill [H. R. 221] to provide for the recording of certain leases therein named, recommending its indefinite postponement, which was concurred in. Mr. Woollen returned Mr. Peed's bill [H. R. 185] declaring carnal knowledge of the insane and accessories thereto to be a felony, etc, recommending its indefinite postponement.
Mr. Peed said the object of the bill is to make accessories equally liable with the principals in this crime; whereupon the House refused to concur in the report, and the bill was ordered to be engrossed.
Mr. Cobb, from the Committee on the Sinking Fund, returned Mr. Branham's bill [H. R. 354] to consolidate certain mortgage loans, etc., and the school fund into one non-negotiable bond, and making provisions relating thereto, recommending its passage. It was ordered to the engrossment.
Mr. Hedrick, from the Committee on Rights and Privileges, returned Mr. Jones' bill [H. R. 267] to amend the practice act; and Mr. Wood's bill [H. R. 329] to repeal section 47 of the felony act of June 10, 1852, recommending their indefinite postponement. The reports were concurred in.
Mr. Pfrimmer, from the same committee, returned Mr. Edwards, of Lawrence's, bill [H. R. 375] to amend section 1 of the act to discourage the keeping of useless and sheep-killing dogs, and providing that nothing herein shall conflict with the act of June, 1852, recommending that it be laid on the table. The report was concurred in.
Mr. Shirley, from the Committee on Rights and Privileges, returned Mr. Pfrimmer's bill [H. R. 335] regulating estrays and articles adrift, with amendments in section 1, after "oath" insert "or affirmation;" in section 6 insert "and trespass on his enclosed land," and "trespass on the person;'' page: 95[View Page 95] in section 9 insert "one dollar for selling and one dollar for notice;" in section 11 strike out and insert "fifty cents each," and so amended the committee recommend its passage.
Mr. Shirley. This bill requires the individual taking up the estray to make notice, obtain the appraisers, and in ten dayds after the taking up he must file the notice and apprasiements with the county clerk, and the bill requires him to hold the property but sixty days. Then the sheriff sells the property if it remains unclaimed just as he sells property under an execution; and after paying the damages the remainder, after one year, goes into the county fund. Under the law the party taking up the property has to keep it too long - requiring him to make many trips to the county seat. Another thing - the bill provides that when a man's trespassing animal, running at large, trespasses on another, the man that sustains the trespass notifies the owner of the animal, and if he pays no attention to it, he takes the animal up as an estray, and proceeds as provided in the bill. The amendments to the bill also make the appraisers fee fifty cents instead of two dollars - add the words "or affirm," and make the sheriff's fee "one dollar for selling and one dollar for notice."The amendment was adopted, and the bill was ordered to the engrossment.
Mr. Thayer, from the Committee on Manufactures and Commerce, returned Mr. Richardson's bill [H. R. 358] to repeal section 6 of the act of March 10, 1861, concerning promissory notes, bills of exchange, etc., recommending that it be indefinitely postponed. It was concurred in.
Mr. Furnas, from the Committee on Agriculture, returned Mr. Mellett's bill [H. R. 359] to restrain farm animals from running at large, recommending that it be laid on the table, its provisions being embodied in the bill [H. R. 57.]
Mr. Ogden, from the Committee on Corporations, returned Mr. Woodard's bill [H. R. 189] to place the directors of plank and McAdam roads on an equality with all the corporators, etc., with amendments (clerical) striking out in section 1, and inserting these words: "And actually used in the construction of said road;" and so amended the committee recommended its passage. The amendments were adopted, and the bill was ordered to be engrossed.
Mr. Gifford, from the Committee on Cities and Towns, returned the bill [H. R. 334] to repeal the act relating to taxation of lands in cities and incorporated towns, of June, 1852, recommending its passage. It was ordered to the engrossment.
The Speaker took up the call by counties for
NEW PROPOSITIONS.
Mr. Barrett introduced a bill [H. R. 411] to amend section 44 of the common school law of March 6, 1865. (The township trustee shall on the fourth Monday of Marchmake his report to the county auditor, embracing a full itemized account of the rents of school property in his township, and if not collected, to state the reason, etc.) Education.
Mr. Clark presented a memorial of the Friends meeting at Plainfield, Ind., for prison reform.
Mr. Furnas introduced a bill [H. R. 412] to authorize board's of county commissioners to purchase and construct gravel and other improved roads, and to make them free to travel. (They may levy a tax for this purpose not exceeding 20 cents on the $100 of taxables for each and every year). County and Township Business.
Mr. Kirkpatrick presented a Howard county petition; and on his motion his bill [H. R. 321], in relation to the fees of justice's and constables was taken up and referred to the Committee on County and Township Business.
Mr. Cobb introduced a bill [H. R.314] to change the time for holding the Circuit Court in Huntington county. (Commence on the first Monday of March and August, and continue four weeks and five weeks.) It was passed to the second reading.
Mr. Miller introduced a bill [H. R. 414] to amend sections 23, 24, 26, 36, 37 and 43 of the act to provide for the incorporation of cities, prescribing their powers, etc., approved March 14, 1867. (The city clerk shall make a duplicate, under the rules of the county auditor, and deliver the same to the treasurer of said city on or before the 15th of December in each year; the treasurers shall make full returns on or before the 1st of August, etc.)Cities and Towns.
On motion of Mr. Peed his bastardy supplemental bill [H. R. 292] was taken up and placed in the Clerk's files.
Mr. Woodard and Mr. Butts presented petitions for temperance.
Mr. Ogden submitted a preamble and resolution which was adopted, reciting the duty of the General Assembly to provide by law for the speedy publication of the decisions of the Supreme Court; and whereas, large numbers of unpublished decisions have accumulated in the hands in the reporter, therefore -
Resolved, That the Committee on the Judiciary be instructed to inquire what legislation is necessary to enable the reporter to the Supreme Court to publish those decisions, and report by bill or otherwise.
RAILROAD EXTORTIONS.
Mr. Butterworth submitted a joint resolution for instruction to Indiana Congressmen to use their best endeavors for such legislation in Congress as may compel railroad companies to equalize their charges for way freight and their charges for freight ever the entire length of their lines. It was adopted on the part of the House of Representatives. Yeas, 72; nays, 12.
Mr. Riggs presented a petition of a thousand citizens of Vanderburgh county, praying for such temperance legislation as they have in Ohio and Illinois.
The House then took a recess till two o'clock. P. M.
AFTERNOON SESSION.
COMMON SCHOOLS.
The Speaker announced the special order, to wit: The consideration of the school bills [H. R. 55, 261, 410, 316, and 340] which have been referred to the Committee of the Whole House.
On motion of Mr. Mellett, the House resolved into Committee of the Whole, (Mr. Peed in the chair,) and took up the consideration of his committee school bill [H. R. 55] to amend the common school law of March 6, 1865, and adding supplemental sections thereto.
After debate in committee and some progress by way of amendment of the bill, the committee discovered so many discrepancies between the original and the printed bill, and it was in such a condition (said Mr. Edwards, of Vigo,) that neither the committee nor the House could act upon it intelligently: and the Committee on Education being desirous to consider the subject again, on motion of Mr. Givan the committee rose, and the chairman reported the recommendation that the bill be again referred to the Committee on Education with instructions to perfect it. The report was concurred in.
Mr. Shirley obtained unanimous consent to refer to the same committee a proposition to amend the 4th section of the bill: insert after the word "true," in the eighth line, these words: "And said account shall state the number of days and the date of each item of service and the amount thereof."
On motion of Mr. Mellett, the bill [H. R, 55.] was made the special order for to-morrow morning at, ten o'clock.
The House now took up the consideration of Mr. Mellett's bill [H. R. 261] to amend section 1 of the common school law of March 6, 1865. [To raise the tax from sixteen to twenty cents, and to provide that said tax shall be expended for tuition purposes.] The question being on the third reading thereof. page: 96[View Page 96]After debate by Mr. Branham in opposition, and Mr. Shirley in favor of the bill, Mr. Wilson, of Ripley, moved that it be laid on the table, demanding the yeas and nays thereon, which were taken, and resulted - yeas, 44; nays, 43.
Mr. Jones' bill [H. R. 316] to authorise the township trustees to levy a tax additional to the amount now authorized by law, not exceeding twenty-five cents on the $100 taxables tor building and repairing school houses, etc., and to provide furniture and apparatus, was taken up.
The House again resolved into Committee of the Whole (Mr. Peed in the chair) and, when the Chairman had announced the consideration of the bill, on motion of Mr. Richardson, the committee rose and the Chairman reported the bill back to the House with the recommendation of the Committe of the Whole House, that it be laid on the table. The report was concurred in.
The Speaker next announced the consideration in this special order, of Mr. Woollen's bill [H. R. 410] for an act to amend the act to authorize township trustees, trustees of incorporated towns, and common councils of cities to levy taxes for school purposes, approved March 9, 1867, and extending the same to she assessment and collection of taxes on the property and polls of persons transferred for school purposes; and requiring the officers of schools to maintain them at least six months in the year. [It authorizes the school trustees to levy a tax not exceeding twenty-five cents on the dollar of taxables, and twenty-five cents on each taxable poll in each civil township, town, or city of the State - not less than an amount which, together with the school revenue they receive from other sources, shall enable them to keep the school at least six months in the year, etc.]
On motion of Mr. Woollen, the House resolved itself into a committee of the whole (Mr. Woollen in the chair) and took up the consideration of this bill.
After debate in committee by Mr. Shirley and Mr. Reno in opposition, and Mr. Kimbell, Mr, Butts and Mr. Billingsley, in favor of the bill -
On the motion of Mr. Kimball the committee rose and the Chairman reported the recommendation of the committee of the whole House that the bill be passed. The report was concurred in - the question being on the final passage. After sundry dilatory motions for a call of the House, and for adjournment by Messrs. Richardson and Given - Mr. Branham spoke briefly in favor of the bill; and then the vote thereon was taken and reported - yeas 55, nays 32.
Mr. Brett filed a motion for amendment of the title.
The Speaker laid before the House the memorial of the State Board of Agriculture, which was referred to the Committee on Agriculture.
Mr. Blocher's bill [H. R. 335] to authorize the auditor of Scott county to correct- the report made by the Superintendent of Public Instruction id relation to the common and congressional school fund - under the act of December 21,1865. (The auditor of Scott county to file his corrected report on or before the first day of June, 1873) was taken up, and finally passed the House of Representatives - yeas, 69; nays, 6.
Mr. Mellett, from the Committee on Education, returned his school bill [H. R. 55] without recommendation, and it was ordered to the engrossment. The House then adjourned.
