HOUSE OF REPRESENTATIVES.
THURSDAY, February 6, 1873.On motion of Mr. Mellett, the Committee on Education was accorded leave of absence from Friday till Tuesday to visit the State Normal School and Indiana University.
CAUSE OF CHALLENGE.
Mr. Walker's bill [H. R. 410] to amend the 311th section of the civil practice act, was taken upon the third reading. Mr. W. said the House would remember the bill introduced by Mr. Givan with respect to the empanelling of jurors, that the panel might be filled with countrymen to the exclusion of professionals. This bill properly follows that, so that when persons have been excused for any reason the called jurors may be re- page: 135[View Page 135] ferred to the challenge if he have sat on a former trial at the .same term, so that these professionals can't sit in every case, for they are a kind of barnacle that hang round the court, and are certainly in the way of justice so far as litigants are concerned. They have not that careful regard for the case that men from the country have when their neighbors are in trouble. It was finally passed the House of Representatives - yeas 76, nays 0.
FELONY.
Mr. Peed's bill [H. R. 160] to amend the act declaring the carnal knowledge of an insane woman a felony, and making accessories therein principals, was taken up on the third reading.
Mr. Givan. The bill is not in proper shape. I do not understand it as an amendment; it is simply a supplemental section.
Mr. Peed was of opinion that the statute can be amended in this way; but if the House should not think so, perhaps the bill should be recommitted. The bill is simply to make parties who abet in this crime punishable as principals. The judgment of the courts in our part of the State is that this can not be done under the law of 1859, which it is proposed by this bill to amend.
Mr. Miller. This bill was reported back from the Committee on the Judiciary, with a recommendation that it be indefinitely postponed, in which the House did not concur. In the first place I think such a bill unnecessary; it is defining a crime that is already defined in 2, Gavin & Hord, 405: ''Any person who aids or abets in any crime shall be charged, tried and convicted in the same manner as the principal." And another reason why I am opposed to this bill is this: It is hardly possible that any person would aid in such a crime - it is extremely improbable: and for the credit of the State, it seems to me that we should not enact laws needlessly, the reading of which will call up revolting ideas.
The bill was finally passed the House of Representatives - yeas 54, nays 23.
On motion of Mr. Reno, (by consent) his bill supplemental to the act of June 15, 1852, to license the vending of foreign merchandize, shows of caravans, legerdemain, etc., was taken up and ordered to the engrossment.
APPRAISEMENTS.
Mr. Walker's bill [H. R. 390], to amend the 447th section of the civil practice act, was taken up on the final reading.
Mr. Walker. The law as it now stands for the appraisement of property to be sold under execution, authorizes the execution, defendant and plaintiff to select two appraisers, and if they can't agree, the sheriff te select the third. It is known that these selections are frequently so managed that the appraisements fail. This bill purposes that where the parties do not agree, the sheriff shall select the appraisers so disinterested that neither the plaintiff nor defendant shall have the advantage. It was finally passed the House of Representatives. Yeas, 81; nays, 1.
SCHOOL DEBTS.
Mr. Jones' bill [H. R. 316], to authorize township trustees to levy a tax, annually, in addition to that now authorized by law, not exceeding twenty-five cents on the hundred dollars, for the purpose of liquidating debts incurred for the construction and repairs of school houses, and for school apparatus, and declaring an emergency, was taken up on the third reading. Mr. J. said: The bill is specially desired in my county of Madison. It will be probably entirely local in its effect - the township to which it is intended to apply being indebted - for these purposes to the extent of $12,000.
Mr. Woollen. This is simply for the purpose of enabling the people to tax themselves to pay their debts.
Mr. Shirley objected to the bill, because the law now allows the trustees to levy a school tax to the extent of twenty-five cents on the $100, and this allows twenty-five cents more, which is too heavy.
Mr. Mellett. The bill provides that the trustees may add this where the ownships are now indebted for school house purposes. It failed on this vote in the House of Representatives - yeas, 50; nays, 34 - for want of the constitutional majority of 51.
CEMETARIES.
Mr. King's bill [H. R. 376], concerning cemeteries and repealing all laws conflicting therewith, was taken up on the third reading; and it finally passed the House of Representativesyeas 55, nays 39.
On the motion of Mr. Johnson, the title was amended by striking out these words: "And repealing all laws conflicting therewith."
TOWNS AND CITIES.
Mr. Scott's bill [H. R. 353] to prohibit township trustees from levying a road tax in incorporated towns and cities, and the real and personal property within such corporate limits, was taken up on the third reading.
Mr. Scott submitted clerical amendments to first section, so as to make the exemption from taxation extend to property belonging not only to persons living in the cities and towns, but to property in cities and towns belonging to anybody, and it was adopted by unanimous consent. The bill was then finally passed the House of Representatives - yeas, 55; nays, 28 - with an amendment of title so as to read: "a bill to prohibit township trustees from levying a road tax upon the real and personal property in any town or city.
STATUTE OF LIMITATIONS.
Mr. Smith's bill [H. R. 384] to repeal section 224 of the civil practice act. Mr. S. said what he wanted was to prevent the statute of limitations from running so as to prevent the payment by the railroad companies of the large sums of money which some of them are owing to the school fund, and also to prevent county officers from escaping from their obligations to pay moneys in their hands. He wished to lay down the principle that the statute of limitations shall never run against the State, or any public officer or agent.
The bill was finally passed the House of Representatives - yeas, 61; nays, 22.
BLACK MAIL.
Mr. Shirley's bill [H. R. 339] defining certain felonies and prescribing punishment therefor was taken up on the third reading. Mr. S. said this bill provides for the punishment of oftenses that are too common everywhere, commonly called black mailing. They have such a law in Massachusetts and elsewhere, but there is no such law now in force on the statutes of the State of Indiana. It has been carefully prepared.
The bill was finally passed the House of Representatives - yeas, 86; nays, 0.
SECRETARY OF STATE'S OFFICE.
Mr. Woodward's bill [H. R. 391] further to prescribe the duties of the Secretary of State, and to provide for the necessary arrangements, clerks, and expenses of his office. (The Secretary of the State shall be the custodian of the records of the State, and ex-officio Secretary of all State commissions. His office shall be organized with four bureaus, to-wit: one, The Bureau of Public Affairs; two. The Bureau of Public Printing and Stationery; three, The Bureau of Corporations; four, The Bureau of Statistics; and he may employ two clerks, one at $1,500, and one at $1,000 a year.
page: 136[View Page 136]Mr. W. said this bill was gotten up on the suggestion of the former Secretary of State and the Governor. To any gentleman who will inspect the office of Secretary of State it will be found to be very much exposed to fire. The old furnace has been thrown away, the shelvings are too high, there is no orderly filing of all the property records there, in which the city of Indianapolis is interested as well as the State at large; the whole suggesting forcibly, the neccessity for this bill. It is to so reconstruct that office that all parties interested may find there what they have a right to examine.
Mr. Brett. I am decidedly opposed to the bill in its present shape. This thing of organizing the Secretary's office into several bureaus, with an array of clerks, ought not to be done. For two years while I was Treasurer of State I occupied an office adjoining that of the Secretary of State. He had then one clerk, and they were idle half the time; though I presume they did their duty. Now it is proposed to establish four bureaus there, and require the Secretary of State to keep account of business and statistics, taking business out of the hands of the Auditor of State. I can't understand its object, unless it is to create positions for office seekers. The provision that the Governor and officers of State may step in and stop abuses, amounts to nothing; they won't take the responsibility of interfering in a matter that has been taken in hand by the Legislature. If the books and files are in an unsafe condition, or badly arranged, I have no objections to taking care of them; but if I have to take this bill for what good there may be in it, I shall have to vote against it. I am glad to observe the disposition of the House to avoid extravagance, and I hope it will not change that practice at this time. It seems to me that some better mode than this may be provided to correct the negligencies of public officers.
Mr. Branham was not sufficiently posted in regard to the provisions of this bill to know what should be done with it. He rose simply to state that the Committee on Public Buildings are now engaged in examining the office of the Secretary of State, and contemplate its removal into the office of the Adjutant General. On his motion the bill was laid on the table.
COMMON SCHOOLS.
Mr. Mellett's bill [H. R. 55] to amend the common school law of March 6, 1865, adding supplemental sections thereto, was taken up on the third reading.
Debate followed in opposition to the bill by Messrs. Brett and Heller, and by Mr. Rumsey in reply (see Appendix, XlVth Brevier Reports) till the recess till two o'clock P. M.
AFTERNOON SESSION.
The Speaker announced the special order, to-wit: Mr. Hatch's bill [H. R. 407] to provide a site and plan for a State Asylum for inebriates.
On motion of Mr. Cauthorn it was laid on the table.
COMMON SCHOOLS.
The Speaker then returned to the consideration of the unfinished business, to-wit: The consideration of Mr. Mellett's bill [H. R. 55] to amend the general common school act of March 6, 1865, and adding supplemental sections thereto, the question being on the third and last reading.
Debate followed in which Messrs. Shirley, Given, Reno, Hollingsworth, Butterworth, Lenfesty, Heller, Woolen, Branham, Brett, Kimball, Thompson, of Elkhart, and Mellett participated, (see XIV, brevier reports app.) and then the final vote was taken and reported yeas 51, nays 40, as follows:
Yeas - Messrs. Aiiderson, Barrett, Billingsley, Butterworth, Butts, Cauthorn, Clark, Cline, Cole, Cowgill, Edwards of Lawrence, Furnas, Given, Glasglow, Glazebrook, Goudie, Gregory, Hardesty, Hatch, Hedrick, Hollingsworth, Johnson, Jones, Kimball, King, Kirkpatrick, Lenfesty, Mellett, Miller, North, Peed, Prentiss, Reeves, Riggs, Rudder, Rumsey, Satterwhite, Scott, Shirley, Shutt, Stanley, Thayer, Thompson of Spencer, Troutman, Tulley, Wilson of Blackford, Wilson of Ripley, Wood, Woollen, Wynn and Mr. Speaker - 51.
Nays - Messrs. Baker, Barker, Baxter, Blocher, Branham, Brett, Broaddus, Claypool, Cobb, Coffman, Crumpacker, Dial, Durham, Eaton, Ellsworth, Eward, Gifford, Gronendyke, Heller, Henderson, Hoyer, Isenhouer, Martin, McConnell, McKinney, Odle, Offutt, Ogden, Reno, Schmuck, Smith, Spellman, Teeter, Tingley, Thompson of Elkhart, Walker, Wesner, Whitworth, Willard and Woodard - 40.
So the bill passed the House of Representatives.
Mr. Butts obtained leave to withdraw certain temperance petitions.
On motion of Mr. Peed, Mr. Goble obtained indefinite leave of absence on account of sickness in his family. Mr. Shutt also obtained leave of absence until Tuesday morning.
CLERKS.
Mr. Kimball, from the Committee on Ways and Means, returned the bill [S. 168] supplemental to the act of the last session, in relation to the organization of the two Houses of the General Assembly, with amendments, under the instruction of the House, heretofore reported.
Mr. Jones submitted a motion to recommit the bill to the Committee on Ways and Means, with instructions to so amend it in section 2 as to allow the elective officers of the General Assembly the same pay as now allowed to members, and $7 a day to the appointed clerks, and $6 a day to the assistants of the doorkeeper; and that the Speaker draw his warrant for the same from the commencement of the present session. It was rejected.
Mr. Edwards of Lawrence submitted a resolution for an order that the bill be referred to a special committee of five, with instructions to amend so as to afford such additional employes as in their judgment the House and Senate actually need.
After some informal talk across the House, in which Messrs. Mellett, Walker, Kimball, Branham, Lenfesty, Barrett, Miller, and Wilson, of Ripley, took part, and from which it appeared that the purposes of the House amendments were to increase the pay of the principal and principal assistant clerk to $8 per diem, to give them each an additional clerk, to allow the Committee on Ways and Means to employ a clerk, and the Committee on Claims and two others with them to employ a clerk between them.
On motion of Mr. Baker the resolution of Mr. Edwards of Lawrence, to recommit with instructions, was laid on the table - affirmative, 37; negative, 27 - and the question recurred on the final passage of the bill.
Messrs. Wood and Barker obtained leave of abscence till Tuesday. House adjourned.
