HOUSE OF REPRESENTATIVES.
FRIDAY, February 7, 1873.The Speaker appointed Mr. Lenfesty to serve pro tern on the Committee on Benevolent Institutions, in the place of Mr. Lentsick.
REPORTS FROM COMMITTEES.
Mr. Kimball, from the Committee on Ways and Means, returned the bill [S. 23] to authorize county commissioners to appropriate money to aid in keeping their county portion of any canal In repair - (not exceeding $10,000 - recommending its passage. The report was concurred in, and the bill passed to the third reading.
Mr. Cobb moved ineffectually to refer the bill to The Committee on Canals.
Mr. Anderson said his people very anxiously desired the passage of the bill, and desired it to be advanced.
The Speaker. The only question is on the engrossment.
Mr. Given and Mr. Cobb said they could not vote for the bill without further consideration, and it seemed to them that the friends of the bill ought to allow it to go to the Committee on Canals. So, on motion of Mr. Cowgill, the vote against the reference was reconsidered, and the bill was referred to the Committee on Canals.
Mr. Hatch, from the Committee on Swamp Lands, returned the bill [S. 32] to legalize the sale of seminary lands in Jasper county to Spitler & Stackhouse, and directing how the proceeds shall be applied, recommending its passage.
Mr. Riggs. from the Committee on Claims, reported for the allowance to Napoleon B. Taylor of his claim for $1,500 for legal services, which, on motion of Mr. Miller, was passed over, he intending to call for the yeas and nays on the question of concurrence in said report. Mr. R. reported for the allowance to Isaac N. Morris his claim for $108 for his pamphlet entitled "The Two Per Cent. Claim."
Mr. Hedrick, from the Committee on Rights and Privileges, returned Mr. Barker's bill [H. R. 406] supplemental to the act of June 4, 1852, concerning inclosures, tresspassing animals, and partition fences, recommending that it be laid on the table. The report was concurred in.
Mr. Isenhouer, from the Committee on Railroads, returned Mr. Branham's bill [H. R. 300] supplemental to the act of 1869, authorizing county and township aid in the construction of railroads, recommending that it be laid on the table, and that the accompaning proposition which they recommend as an amendment by way of substitute be passed, viz: A bill [H. R. 445] to authorize railroad aid by counties and townships taking stock in and making donations to railroads.
On motion of Mr. Glasgow, the substitute was laid on the table and 300 copies thereof ordered to be printed.
Mr. Wilson, of Ripley, asked and obtained leave of absense for the several members of the Committee on Insurance till Monday.
Mr. Thompson, of Elkhart, from the Commitee on County and Township Business, returned Mr. Thayer's bill [H. R. 394] to prevent fraud in the purchase of stationery for the use of county officers, recommending that it be indefinitely postponed, which was concurred in. He also returned the Printing Committee bill [H. R. 442] to provide for the publication of allowances by County Commissioners, recommending an amendment by substitute; and also, reporting an amendment to the substitute so as to make it read "five cents a line."
The Speaker. The gentleman can't report a substitute, and then a separate amendment to the substitute. The substitute must be reported as a whole.
Mr. Claypool, from the Committee on County and Township Business, returned Mr. Peed's bill [H. R. 430] to amend sections 5 and 6 of the act of May 31, 1852, to authorize the Boards doing county business to declare water courses navigable, with an amendment striking out "6" and inserting "12," with reference to extra days work on the Supervisor's call. The amendment was adopted and the bill was ordered to the engrossment.
Mr. Gifford, from the Committee on Cities and Towns, returned Mr. Riggs' bill [H. R. 389], to amend sections 4, 5, 24, 26, 35, 43 and 58 of the act granting to the citizens of the town of Evansville a city charter, approved January 27, 1847, and adding additional sections thereto, with amendments, to-wit: requiring bonds and oath of city clerk, surveyor and assessor, transposing and correcting the numbering of the sections, etc.
Mr. Willard presented a minority report in the same matter recommending the passage of the bill without amendment; and the subject was laid on the table till Tuesday.
Mr. Riggs, from the Committee on Cities and Towns, returned his Evansville charter amendment bill [H. R. 388] with an amendment with reference to limitations as to the time when additions may be made to said city, and so amended recommend its passage. The amendment was adopted and the bill ordered to the engrossment.
Mr. Martin, from the Committee on Roads, returned the bill [S. 37] to amend section forty-seven of the act providing for the location, etc., of highways, of January 17, 1852, recommending its passage. It was ordered to the third reading.
Mr. Isenhouer, from the Committee on Roads, returned Mr. Johnson's bill [H. R. 378] to authorize the purchase of gravel roads by counties for the purpose of making them free of tolls, recommending that it be laid on the table, which was concurred in.
Mr. Baxter, from the Committee on Reformatory Institutions, returned Mr. Butts' bill [H. R 401] to provide for a commission with reference to an asylum for inebriates, defining their duties, etc., with an amendment striking out "1,000" and inserting the words "a sum not exceeding $300." The amendment was adopted and the bill ordered to the engrossment.
Mr. Baxter submitted a resolution for amendment of the rules so as to authorize a standing committee of the House of Representatives styled the Committee on Mines and Mining, which lies over one day.
page: 140[View Page 140]Mr. Hatch, from the special committee thereon, returned Mr. Scott's bill [H. R. 72] to regulate the sale of mineral oils and other substances for illuminating purposes, with amendments, striking out "hereafter," and inserting "hereby" in lieu; striking out "village," and inserting "town" in lieu.
The amendments were adopted, and the bill was ordered to the engrossment.
The Speaker then took up and pursued the call by counties for
NEW PROPOSITION.
Mr. Peed introduced a bill [H. R. 446] to repeal section 55 of the act to amend an act to authorize and regulate the business of general banking, approved March 3, 1852. (It proposes to repeal the provision of law giving to the Auditor and Treasurer of State jointly $2,800 salary on account of the old free banks.) Ways and Means.
On motion of Mr. Peed his bill [H. R. 100] to prohibit persons under 21 years of age from buying intoxicating drinks, was taken up and placed on the clerk's flies.
Mr. Whitworth introduced a bill [H. R. 447] to amend section 1 of the act in relation to the laying out and changing public highways, approved March 11, 1867. (Any person through whose land a highway is located, upon petition to the County Commissioners, may be permitted to enclose them where they pass through overflowed land, by swinging gates.) It was passed to the second reading.
Mr. Ellsworth introduced a bill [H. R. 448] to enable the township trustees to levy a special school tax for the purpose of erecting or completing school houses (25 cents in addition to the special school tax now authorized by law, provided that no such tax shall be levied and collected but upon petition of a majority of freeholders of the township). Education.
Mr. Isenhouer introduced a bill [H. R. 449] to amend section 443 of the civil practice act of June 18, 1852. (If the property thus designated shall be insufficient on any account or indivisible so that the same can not be sold in parcels, the sheriff may levy on such other property, etc.) Judiciary.
Mr. Spellman introduced a bill [H. R. 450] supplemental to the act authorizing land assessments lor gravel road purposes, and repealing the acts of March, 7, 1867, amended March 14, 1869, and March 11, 1867. (No assessment heretofore made, and none that may be hereafter made, and no list of town lots assessed shall be considered and treated as invalid on account of informality in the assessment, nor shall the assessment and the collection be delayed by reason of such failure, etc.) Roads.
Mr. Givan introduced a bill [H. R. 451] concerning interest on money and to provide for the recovery of money at interest, and repealing all laws in conflict therewith. (Interest on loans of money, goods and things in action to be at the rate of seven percent; all interest exceeding the rate of seven per cent to be deemed usurious to the extent of such excess; provided that nothing herein contained shall affect the loans of public funds, or loans on contracts existing prior to the taking effect of this act.) Manufactures and Commerce
Mr. Richardson introduced a bill [H. R. 452] supplemental to an act regulating general elections and prescribing the duties of officers therein, approved June 17, 1852, and providing for the punishment of the officers herein prescribed. Elections.
Mr. Hatch introduced a bill [H. R. 453] to legalize the incorporation of the town of Kentland, in Newton county, and to legalize the proceedings of said town boards. It was referred to the Committee on Cities and Towns. He also presented petitions for regulating railroad tariff, and for the passage of his bill [H. R. 347.]
Mr. Goudie introduced a bill [H. R. 454] to repeal the act providing for the protection of fish, of February 22, 1871.
Mr. Miller introduced a bill [H. R. 455] to provide for township elections. (To be held in April, 1874, and biennially thereafter, for the purpose of electing township officers.
Mr. Gronendyke introduced a bill [H. R. 456] to amend section 8 of the charter of the town of Clinton. Cities and Towns.
He also (for Mr. Brett) introduced a bill [H. R. 457], (which was read without title), providing that the owners of lands on either side shall give half the land for roadways running on sections lines, partitions lines, etc.
On motion of Mr. Kimball, the bill ]H. R. 368] was taken up and referred to the Committee on, Rights and Privileges, together with a protest, which he also presented.
Mr. Ogden introduced a bill [H. R. 458] to amend section 186 of the civil practice act. (Any creditor of the defendant, upon filing his affidavit, may at any time before the final adjustment of the suit become a party to the action, file his claim against the defendant, and may have any person summoned or held to bail, in like manner as other creditors of the defendant.) Judiciary.
Mr. Troutrnan submitted a resolution directing the Auditor of State to furnish the real estate appraisers a copy of the resolution requesting them to appoint as their assistants the township assessors, which was rejected.
Mr. Johnson introduced a bill [H. R. 459] to give the same jurisdiction to the criminal circuit, court in cases of forfeited recognizances as to the circuit courts of this State.
Also, a bill [H. R. 460[ to amend sections 132, 374 of the civil practice act of June 18, 1852. (It proposes to regulate cases wherein the sheriff takes possession of property having a peculiar value, by the appointment of a receiver to take possession of such property, etc.) Judiciary.
Mr. Eward introduced a bill [H. R. 461] to amend section 3 of the act of 1867, and May 14, 1869, authorizing the assessment of lands for plank, macadamized and gravel roads. It was referred to the Committee on Roads.
Mr. Baxter presented petitions of citizens of Wayne county for the abolishment of capital punishment. Also, for legislation for the care of children whose parents are unfitted to care for them.
Mr. Wesner introduced a bill [H. R. 462] providing for the compensation of judges for holding adjourned and special terms of the circuit courts. (The judge shall be allowed $10 a day for holding court, and for going to and returning from the place of holding said court.) Fees and Salaries.
Mr. Hollingsworth introduced a bill [H. R. 463] defining certain rights and duties of the feeders and pasturers of live stock. Agriculture.
Also a bill [H. R. 464] to amend the fourteenth section of the common school act. (It leaves out the word negroes and mulattoes). Education.
Mr. McConnell introduced a bill [H. R. 465] fixing the time of holding court in the Tenth Judicial Circuit, embracing the counties of Wells, Whitley and Allen.
Mr. Eaton presented a petition signed by C. H. Reeves, M. A. O. Packard, and others representing the bar in the north part of the State, against the changes proposed in the judicial system in bills now pending in the General Assembly; which was referred to the joint special committee on redisdricting the State for judicial purposes.
The Speaker took up the consideration of the Senate amendment to Mr. Branham's bill [H. R. 71] to amend section sixty of the city corporation act.
Mr. Walker said this bill was passed at the special session, and Senator Hall has incorporated into it an amendment to allow cities to aid in the construction of bridges over water courses; "to subscribe stock to any bridge company where page: 141[View Page 141] such bridge has its termini or terminus within such city." The amendment was concurred in.
The Senate concurrent resolution for a joint standing committee to report the probable cost of sending specimens of the mines and produce of the State to the Vienna World's Exposition was taken up and adopted on the part of the House of Representatives.
Mr. Isenhouer obtained leave of absence till Tuesday.
The House then took a recess till two o'clock P. M.
AFTERNOON SESSION.
The Speaker announced the members of the joint special committee on the part of the House of Representatives under the Senate concurrent resolution for the exhibition of the State mines and products at the Vienna World's Exposition, viz: Messrs. Scott, Woollen and Gronendyke.
THE CALENDAR.
The bill [S. 4] to provide for the assessment and collection of taxes for municipal purposes on the shares and capital of banks and banking associations doing business in this State, was read and referred to the Committee on Commerce and Manufactures.
The bill [S. 69] to authorize and empower cities owning real estate to sell and convey the same, was read and referred to the Committee on Cities and Towns.
The bill [S. 74] to legalize the acts of county commissioners in certain cases, was read and referred to the Committee on Cities and Towns.
The bill [S. 77] to amend section 476 of the practice act, was read and referred to the Committee on the Judiciary.
The bill [S. 69] to encourage manufacturing, and legalizing the sale of real estate to foreign manufacturing companies was read and referred to the Committee on Manufacures.
The bill [S. 99] to authorize sureties on bills, bonds, notes, etc., to collect defalcations of their principals, was read and referred to the Committee on the Judiciary.
The bill [S. 100] to amend section 352 of the practice act; the bill [S. 103] to amend section 78 of the common school law; the bill [S. 106] to prescribe the qualifications of petit jurors; the bill [S. 140] to amend section 3 and repeal section 4 of the act of May 31, 1852, were severally read and referred to the Committee on the Judiciary.
Mr. Buskirk's bill [H. R. 344] in relation to the terms of the courts in Gibson county was taken up and ordered to be engrossed.
Mr. Butterworth's bill [H. R. 340] te compel parents and guardians to educate their children and wards coming up, on motion of Mr. Brett, it was laid on the table, and 200 copies thereof ordered to be printed.
Mr. Butterworth, from a majority of the Committee on Swamp Lands, returned the bill [S. 88]; and Mr. Gregory, from the minority thereon, submitted a report on the same bill, which was passed over without reading.
Mr. Edwards, of Vigo, (Mr. Walker in the chair,) submitted a motion to reconsider the vote of yesterday on the final passage of Mr. Smith's bill for removing the force of the 224th section of the statute of limitations.
Mr. Smith indicated a motion to lay the motion to reconsider on the table, and a demand for the yeas and nays; but, insisting upon neither, the vote was reconsidered, and so the matter was passed over.
On motion of Mr. Henderson, his bill [H. R. 340] to repeal the act providing for the redemption of real property, etc., of July 4, 1861, was taken up, read the second time and ordered to the engrossment.
On motion of Mr. Glasgow, his bill [H. R. 414] substituted by the committee for his bill [H. R. 334] to repeal the act in relation to the taxation of lands in towns and cities, approved June, 1852, was taken up, read the second time and ordered to the engrossment.
Mr. Edwards, of Vigo, introduced a bill [H. R. 466] to provide for the publication of official matter in German newspapers. It was passed to the second reading.
On motion, by Mr. Cobb, it was ordered that when the House adjourns to-day it shall be till Monday, two o'clock P. M.
And the House then adjourned.
