HOUSE OF REPRESENTATIVES.
TUESDAY, February 4, 1873.Journal of yesterday read and approved.
OLD FURNITURE OF THE GOVERNOR'S MANSION.
The Speaker announced the unfinished business, viz: The consideration of the Senate concurrent resolution for selling the old furniture of the Governor's Mansion, and putting the proceeds into the treasury. The resolution was passed on the part of the House of Representatives. Yeas, 79; nays, 0.
On motion of Mr. McConnell, the bill [S. 62] to amend sections 1 to 13 of the act of February 12, 1851, to incorporate the town of Bluffton in Wells county, was taken up and passed.
NEW STATE HOUSE.
Mr. Peed, from the Committee on Ways and Means, submitted a joint resolution reciting that there are several bills before the committee looking to the erection of a new State House, and that the said committee is desirous of taking the sense of the General Assembly as to the propriety of building a new State House at this time: and, therefore, directing the joint special committee on the new State House to prepare and report a bill at an early day providing for the erection of a new State House, and that the Senate be requested to concur herein.
The Speaker. The gentleman should make it a concurrent resolution. The difference between a concurrent, and a joint resolution is that the latter must be published with the laws.
Mr. Peed concurred in the modification.
Mr. Woollen was in favor ot increasing the tax levy, so as to create a State House fund before commencing the work of the building.
Mr. Branham stated the single purpose of the Committee was to get the sense of the House on the propriety of building the State House; for if the State House is to be built there are certain preliminary steps to be taken, one of which would be to increase the general levy for the purpose. If it should be the pleasure of the General Assembly to commence the building at once, and you make the levy now, you will get the tax one year hence; and that will be early enough to commence the building. And he considered the fund ought not to be created till about the time the State shall have occasion to use it. The people themselves are the safest and best custodians of their own money. We must know something about the expense of the building before we can determine upon the amount of the levy.
Mr. Woollen desired to amend the instructions, to the joint committee, so that the special tax for the purpose shall commence in 1873, and the work of the erection of the building shall not be commenced until the next year.
Mr. Woollen's amendment was rejected.
Mr. Furnas could not vote for a State House appropriation till the Benevolent Institutions of the State be provided for and another Asylum built.
On motion of Mr. Rumsey, the further consideration of the subject was postponed and made the special order for next Tuesday.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. Cauthorn, from the Committee on Judiciary, returned Mr. Johnson's bill [H. R. 377] de-laratory of the law relative to the eligibility of women to offices, (elective by the Legislature or the Governor) recommending its passage.
He also returned his bill [H. R. 226] to amend section 453 of the practice act with an amendment.
Mr. Walker returned Mr. Cauthorn's bill [H. R. 424] to amend the 120th of the act of June 17, 1852, in relation to criminal proceedings and practice, recommending its passage. The foregoing bills were ordered to be engrossed with the reported amendments, which were adopted.
He also returned Mr. Peed's bill [H. R. 451] to amend section 24 of the decedents estates act of May 14, 1852, recommending that it be indefinitely postponed; which was concurred in.
Mr. Miller returned the bill [H. R. 395] relative to service of summons and notice of publication, with an amendment.
He also returned Mr. Scott's bill [H. R. 292] to regulate the sale of mineral oils, recommending that it be referred to a special committee of five members (chemists.) The Speaker subsequently made the same to consist of Messrs. Hatch, Coffman, Richardson, Scott and Glazebrook.
Mr. Ogden returned Mr. Thayer's bill [H. R. 373] providing for the trial of cases in the Court page: 122[View Page 122] of Common Pleas in which the judge is interested, recommending to lay on the table; also, Mr. Martin's bill [H. R. 419] to amend section 8 of the act of June 9, 1852, providing for the election and qualifications or justices of the peace, recommending that it be laid on the table, which reports were concurred in.
Mr. Shirley returned Mr. Cauthorn's bill [H. R. 161] to abolish the Court of Common Pleas, and to establish a Court of Probate, recommending that it be referred to the special committee for redistricting the State for judicial purposes. It was so ordered.
Mr. Shelby returned Mr. Smuck's bill [H. R. 198] to amend the act supplemental to the County Seat Act of June 4, 1861; and Mr. Anderson's bill [H. R. 420], recommending that they be laid on the table; and these recommendations were concurred in.
COMMON SCHOOLS.
Mr. Mellett, from the Committee on Education, returned his bill [H. R. 87] to amend the common school law, recommending its passage. He said it was introduced at the suggestion of the Superindent of Public Instruction, and it was simply making changes in the time of making the school enumeration and doing other school business. There was nothing in it but changing the dates. It was ordered to the engrossment.
Mr. Lenfesty, from the Committee on Federal Relations, to whom was referred the matter of ceding to the United State's the State's jurisdiction over certain lands in Evansville for the erection of public buildings, etc., reported thereon a bill [H. R. 416] granting the consent of the State of Indiana to the purchase by the United States of certain lands in Evansville for public buildings, which was passed to the second reading.
He also returned Mr. Wynn's bill [H. R. 369] to amend section 5 of the act of June 9, 1852, providing for the appointment of notaries public and defining their powers and duties - a majority of the committee recommending its passage. Mr. Troutman on the part of a minority of said committee - objecting to the provisions in said bill which authorize notaries public to solmnize marriages reported a recommendation that it be laid on the table.
The question being: Shall the report of the minority be substituted for the report of the majority? It was decided in the affmnative on a division - affirmative 43, negative 34; so the bill was laid on the table.
Mr. Troutman returned the bill [S. 82] to amend the ninth section of the act of May 20, 1852, to provide for the election of electors for President and Vice President of the United States, recommending its passage.
It was ordered to the third reading.
Mr. Billingsley, from the Committee on Printing, returned Mr. Reed's county boards proceedings publication bill [H. R. 379] with an amendment by way of substitute, viz: A bill [H. R. 417] to provide for the publication of allowances by the boards of County Commissioners. (The County Auditor to prepare abstracts of such allowances which shall be published for one week in some newspaper of the county - not to be construed to authorize the publication of information, papers, documents, or any other thing not essential to the proper understanding of the claim so allowed - the newspaper publisher's compensation shall not exceed five cents a line, and the printing shall be done with type not less than Brevier.)
The report was concurred in and the bill passed to the second reading.
On motion of Mr. Richardson, it was referred to the Committee on County and Township Business.
Mr. Woollen, from the select committee to whom was referred Mr. Mellett's bill [H. R. 551 to amend the common school act of March 6,1865, and add supplemental sections thereto, reported the same with amendments. Amendments adopted.
Mr. Wilson, of Ripley, proposed to amend by striking out the provision for the County Commissioners to elect the said County Superintendent, arid giving it into the hands of the township trustees, which was also adopted.
Bill ordered to be engrossed.
Pending the consideration of this bill, on motion of Mr. Woolen, there was a recess of ten minutes to admit of the introduction and acquaintance with members of the House of Representatives of the Hon. John A. L. Radcliff, a member of the House of Delegates of the State of Maryland.
Mr. North, from the joint standing committee on the State Library, to which was referred the resolution of the House for examination of said Library, reported the same back with amendment by way of substitute, viz: a concurrent resolution instructing the joint standing committee on the State Library to examine into the condition of the books, stationery and accounts of the State Library, and report by bill or otherwise. Adopted.
Mr. Kimball, from the select committee of five, to which was referred Mr. Pfrimmer's bill [H. R. 67], making an appropriation of $413,599 48 to pay the sufferers by the Morgan raid, reported the same back, with the recommendation of said committee that the bill do pass.
On motion by Mr. Branham, it was referred to the Committee on Ways and Means.
Mr. Cauthorn gave notice that on to-morrow or some future day of the session he will move to amend Rule 38 so as to admit of eight members of the Committee on Military Affairs, and he should do so for the purpose of adding the Major-General (Mr. Blocher) to that committee.
Mr. Kimball submitted a joint resolution of instruction to Indiana members of Congress in relation to the granting of aid to the James River and Kanawha Canal.
On motion of Mr. Hatch, it was referred to the Committee on Federal Relations.
The House then took a recess till two o'clock P. M.
AFTERNOON SESSION.
Mr. Gifford presented temperance petitions.
SECOND CIRCUIT.
On motion of Mr. Baker, Mr. Willard's bill [H. R. 361] to repeal all laws establishing the terms of courts in the Second Judicial Circuit, and to re-establish second terms, was taken up on the second reading; and on motion it was finally passed.
RAILROAD TARIFF.
The Speaker announced the special order, viz: The consideration of the bill [S. 6] to regulate and make uniform the prices charged by railroad companies, etc.
Mr. Branham. There are two or three bills on this order - one of which (the House bill) is not yet printed. I move, therefore, to refer this bill to the Committee on Railroads, with instruction to report it back within a week. Motion agreed to.
THE CALENDAR.
Mr. Hatch's bill [H. R. 191] defining certain felonies (of timber and stone) and providing punishment, was taken up in order on the third reading.
Mr. Miller proposed to amend by striking out the words "felony," and "feloniously," wherever they occur in the bill, and inserting "misdemeanor" and "unlawfully" in lieu.
The amendments were adopted by consent and so the bill was finally passed, with an amendment of title striking out "felony" and inserting "misdemeanor" in the bill, etc.
page: 123[View Page 123]CATTLE AT LARGE.
Mr. Hollingsworth's bill [H. R. 57] to prevent stock from running at large, and providing penalty, was taken up on the third reading. (It includes horses, mules, cattle, sheep, and hogs; fine $5 to $15; provided, that in any county a majority may authorize the County Board to allow cattle to run at large.)
The bill was then rejected; yeas, 25; days, 66.
THE CALUMET DAM.
On motion of Mr. Wood the House took up the Senate joint resolution No. 10 to authorize legal proceedings in regard to the Calumet dam.
The joint resolution was passed on the part of the House of Representatives.
INDIANA UNIVERSITY.
The committee bill [H. R. 341], supplemental to the act of March 2, 1855, for the relief of Indiana University, to cause the reappraisement and sale of the Seminary lands, etc., was taken up on the third reading.
Mr. Prentiss' bill [H. R. 264], to amend section 18 of the act regulating decedents and the apportionment of estates, was taken up on the third reading.
Mr. Glasgow moved that it be referred to the Committee on Rights and Privileges, with instructions to repeal the eighteenth section.
Mr. Given considered the law right as it now stands.
On the motion of Mr. Barrett and the bill and proposed amendments were indefinitely postponed.
Mr. Peed's bill [H. R. 315], defining what shall constitute the Fifteenth Judicial Circuit, was taken up on the third reading.
Mr. Cobb's bill [H. R. 201] exempting the property of cities and incorporated towns from sale in certain cases, by exemption, or other order of court, etc., was taken up on the third reading. It was finally passed by the House of Representatives.
The House then adjourned.
