RAILROAD TARIFF OF FREIGHT.
Mr. Walker, from the Committee on the Judiciary, returned the bill [S. 6] to regulate and make uniform the prices charged by railroad companies for transporting goods, wares, merchandise and other property to and from stations on railroads in the State of Indiana; declaring the duty of certain officers in relation thereto; prescribing penalties for the violation thereof, and declaring an emergency, with technical amendments recommending, its passage;
Mr. Thayer took the floor against the bill, closing with a motion that it be referred to the Committee on Railroads.
Mr. Butterworth proposed to amend by striking out "terminus" and inserting "termini," and inserting appropriately: "Provided that nothing herein shall be construed as in any way to prevent any right of action which the State may now have against such corporations." Which were adopted.
Mr. Orfutt submitted the following:
"Sec. 9. Whenever one importer or company, engaged in buying and shipping any and all kinds of live stock, meats, grains, seeds, vegetables, fruits, implements, machinery, lumber, sawlogs, cord wood, coal, coke, stone, ores, clay, metals, baled hay, baled straw, spirits, goods, wares and merchandise, manufactured, or to be manufactured, or other such property, and shall have a sufficient quantity to load a car or cars to send to any consignee, and shall notify such railroad company of his or their desire to have such articles shipped by their railroad, and of the time and the side track when and where he or they may desire to load the same, it shall be the duty of such company to furnish suitable car or cars at the designated side track, to such shippers or companies in the order of their notice and application an soon thereafter as it reasonably can be done, and to furnish such applicants in the order of their notices such convenient opportunity for loading and reloading their cars as reasonably can be afforded. And in case any person or company shall order any car or cars to be provided for his or their use by any railroad company, at any particular time and place, and shall fail or delay to load and use the same when furnished, he or they shall be liable to to the said company, for the value of the same for such time as the same shall be left for their disposition as if used by them, at the rate of five dollars per day for each day said car is ordered and furnished.
Any railroad company violating any of the provisions of this section of this act shall be liable to the person or company damaged thereby, to the sum of $10 per day for each day said railroad company may fail or refuse to furnish car or cars to such person or company as in this act provided, to bo recovered in any court of competent jurisdiction, together with reasonable attorney's fees.
Mr. Thayer's motion was rejected.
Mr. King moved to lay the bill on the table and print 200 copies.
Futher debate and propositions to amend followed, in which Messrs. Offutt, Thayer, Butterworth, Cowgill, Anderson, Barrett, Smith, Blocher, Cobb and Baker took parttill the time of the special order.
COMMON SCHOOLS.
The Speaker, at ten o'clock, announced the page: 100[View Page 100] special order, viz: the consideration of Mr. Mellett's education committee bill [H. R. 55], to amend sections 33, 37, 39, 43 of the common school act of March 6, '65, and adding supplemental sections thereto. And according to previous order it was considered in committee of the whole House (Mr. Lenfesty in the chair), till the committee rose, reported progress thereon, and asked and obtained leave to sit again this day at two o'clock P. M.
On motion of Mr. Woollen, (the motion having been before filed for the purpose) the title of his school bill [H. R. 410] was amended so as to read as follows: "An act to amend 'an act to authorize township trustees, trustees of incorporated towns and the common councils of cities to levy a tax for school purposes,' " approved March 9, 1867, and requiring the levying of said tax by the school trustees of die civil townships, towns and cities. Recess.
AFTERNOON SESSION.
The Speaker announced the special order, viz: the consideration of Mr. Hollirigsworth's bill [H. R. 312] to prescribe an oath for public officers.
On the motion of Mr. Offutt, the bill was remanded to its place on the calendar.
COMMON SCHOOLS.
According to previous order, the House no w again resolved into committee of the whole (Mr. Lenfesty in the chair) arid took up again the consideration of the school bill recommended toy the Superintendent of Public Instruction, and originally reported by Mr. Mellett, from the Committee on Education, to-wit: the bill [H. R. 55] to amend sections 33, 37, 39, 43, of the common school act of March 6, 1865, and adding supplemental sections thereto [see appendix to Fourteenth Brevier Reports]; and after some time spent therein, in which the fourth section of tbe bill was amended so as to fix the pay of the County Superintendent at $4 per day and no perquisites -
On motion of Mr. Woodard, the committee rose and the Chairman reported the bill back to the House, with the recommendation of the Committee of the Whole, that it be referred to a special commute e of five. The report was concurred in. Subsequently the Speaker appointed the said committee, to-wit: Messrs. Mellett, Woollen, Lenfesty, Givan, and Johnson; but Mr. Mellet declining, the committee was announced in the following order, to-wit: Messrs. Woollen, Lenfesty, Givan, Johnson, and Branham.
EVANSVILE POSTOFFICE.
The Speaker laid before the House a message from the Governor, submitting for consideration an act of Congress authorizing the erection of public buildings at Evansville, approved January 16, 1873, and calling the attention of the General Assembly to the condition on which that act is to have the force of law, viz: That the State of Indiana shall duly relinquish her right to tax the site of such public buildings, and relinquish her jurisdiction over the same - the Governor recommending legislation for this purpose.
Mr Branham said there is now a bill pending which covers all these questions by general law. All that is necessary to do is to pass that bill and it would settle the question of jurisdiction, not only as to that site but as to every other similar application for a site for United States public buildings.
The Speaker. The act of Congress requires a special act of legislation on that subject. Whereupon,
Mr. Riggs (by unanimous consent) introduced a bill [H. R. 315] granting the consent of the State of Indiana to the purchase by the United States of certain lands for public buildings in the city of Evansville (not exceeding one acre) for a Government postoffice, the State to relinquish the right to tax the same, and to relinquish jurisdiction over the same till the United States shall cease to be the owner thereof; and so as the State retains the concurrent jurisdiction with the United States for all the purposes of the execution of legal process, excepting so far as such process may affect the United States. The message and bill were referred to the Committee on Federal Relations.
RAILROAD FREIGHT, ETC.
The Speaker now returned to the unfinished business of the morning session, to-wit: the consideration of the bill [S. 6] to regulate and make uniform the prices charged by railroad companies for transporting goods, wares, merchandise and other property to and from stations on railroads in the State of Indiana. The question being on Mr. Billingsley's motion to lay the bill on the table and print, to make it the special order for Tuesday and Thursday.
Mr. Gregory moved, ineffectually, to lay these propositions on the table.
And then the bill was postponed and made the special order for Tuesday at two o'clock P. M., and ordered to be printed.
Mr. Offutt submitted an amendment to the bill, which was read and ordered to be printed with the bill. It is to the following effect: In all actions arising, under the provisions of this act against any railroad company, it shall be sufficient to bring the action against the railroad as defendant, whether run by assignment to other persons or not, the service of summons being at least ten days before the first day of the term of the court before which it is to be heard; and if the hearing be before a justice of the peace, then the summons shall be served at least ten days before the trial; and such summons may be served upon any conductor of any train on said road.
FISH CULTURE.
The Speaker laid before the House a message from the Governor transmitting a communication from James W. Meacham relative to the culture of fish in the great lakes - a question deemed by that gentleman to be of great public propriety in legislation; and the Governor asks attention thereto.
Mr. Gregory. I move that there be printed 300 copies of the bill from the Michigan Legislature which comes with these papers from the Governor.
Mr. Butterworth proposed to include all the documents in the order to print.
These motions were rejected, and then on the motion of Mr. Kimball, the message and papers were referred to the Committee on Agriculture.
STATE HOUSE FLAG.
The Speaker laid before the House the Senate concurrent resolution, instructing the State Librarian to procure a new flag to be placed on the flag-staff to float over the capitol. It was concurred in by unanimous consent, on the part of the House of Representatives.
CLAIMS.
The Speaker laid before the House a concurrent resolution from the Senate to the effect that this General Assembly will vote no money to pay for claims against the State for services rendered or material furnished prior to the meeting of the last session of the General Assembly, unless the same shall be presented at least twenty days before the expiration of the present session; and the House of Representatives refused to concur therein.
INTEREST ON JUDGMENTS.
The Speaker laid before the House the Senate amendments to Mr. Wilson of Ripley's, bill [H. R. 27] concurring interest on judgments - providing that the provisions of this act shall not apply
