HOUSE OF REPRESENTATIVES.
TUESDAY, February 11, 1873.REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. Walker, from the Committee on the Judiciary, returned Mr. Kimball's bill [H. R. 306] with reference to the recording of instruments, with amendments, which were adopted, and the bill was ordered to the engrossment.
Mr. Walker returned Mr. Ogden's bill [H. R. 458] to amend section 186 of the practice and procedure act in civil cases, recommending its passage. The bill was ordered to the engrossment.
Mr. Walker returned his bill [H. R. 24] in relation to the depositories for the public funds, with sundry amendments, material and clerical, embracing several sections and adding others, which were adopted, and the bill was ordered to the engrossment.
Mr. Ogden returned Mr. Kimball's bill [H. R. 305] in relation to the sale of property on execution, recommending that it be laid on the table, which was concurred in.
Mr. Walker returned Mr. Buskirk's bill [H. R. 362] to amend section 3 of the act of March 1,1853, to provide compensation to the owners of animals killed or injured by the cars or locomotives of railroad companies, recommending its passage. The bill was ordered to be engrossed.
Mr. Miller returned Mr. Edwards, of Vigo's, bill [H. R. 439] to provide a lien on buildings and for the enforcement of the same, recommending that it lie on the table, and reporting the accompanying bill [H. R. 471] as a substitute therefor, entitled "A bill for an act to amend section 617 of the practice and procedure act in civil cases." (Mechanics and laborers working on any building, and furnishing materials therefor of any kind, may have liens joint or several on the owner, the land, etc., and its provisions are also to apply to married women so furnishing, etc.) The substitute was passed to the second reading. Mr. Miller returned Mr. Schmuck's bill [H. R. 279] to better enable county treasurers to collect delinquent taxes, recommending that it be laid on the table, which was concurred in.
Mr. Lenfesty, from the Committee on Federal Relations, returned Mr. Branham's bill [H. R. 275] to provide for the acquisition and enjoyment by the United States of lands in this State for government purposes, recommending an amendment in the third section, inserting the words: "by the United States or its authorized agents," which was adopted, and so the bill was ordered to the engrossment.
Mr. Furnas, from the Committee on Agriculture, returned Mr. Wood's bill [H. R. 345] to amend the law governing weights and measures, recommending that it lie on the table, and that the accompanying bill [H. R. 472] be substituted therefore, entitled: "A bill for an act for the regulation of weights and measures." He said: This is a bill to regulate the weight of grains, seeds, etc., and it is the effort of the bill to correct the irregular classification of the articles in the statutes. The substitute changes only one or two items, such as making the weight of a bushel of corn in the ear seventy pounds instead of sixty-eight pounds, etc.) The report was concurred in and the substituted bill was passed to the second reading.
HARBOUR & JACOBS.
Mr. Cobb, from the joint Committee on Claims, returned the claim of Barbour & Jacobs for $2,800 for legal services, recommending that said claimants be allowed $1,600, and that the Committee on Ways and Means be instructed to incorporate the same in the specific bill.
Mr. Peed proposed to amend by making the allowance $500.
Mr. Given moved to lay the report on the table, but withdrew the motion to hear further from the committee.
Mr. Cobb spoke for the committee and the report, and Mr. Buskirk in reply; and then Mr. Given's motion was rejected, and the question recurred on Mr. Peed's amendment.
Mr. Walker insisted that more consideration ought to be given to the reports from the joint committee on claims than to the reports of any other commit tee. They know the case and we do not, and I do think we ought to accept the report or discharge the committee.
Mr. Buskirk replied. It seemed to him accord- page: 148[View Page 148] ing to the rate of charges for such services in his region the proposed allowance should be $275.
Mr. Barrett also spoke against Ihe allowance, Mr. Lenfesty for the report, and Mr. Given in reply.
Mr. Butterworth proposed to make the allowance $1,000.
Mr. Walker and Mr. Cobb spoke for the report, and Mr. Offut in reply.
Mr. Wilson, of Ripley,made an ineffectual motion to lay the amendment on the table - yeas 27, nays 48 - and the question recurred on striking out $1,600.
Mr. Lenfesty spoke in reply to Mr. Offutt. The system is wrong. The law provides that these officers shall not employ counsel. What did the House, but the other day, when it authorized the Attorney General to enjoin the Calamet Dam Works? It simply agreed to pay the attorneys. This system, I say is wrong. What we want here is a law refusing these outside employments. He utterly disavowed and disclaimed the idea that a member of the Committee on Claims becomes in any sense a special advocate of the claim they may report on.
Further remarks were indulged by Mr. Johnson for the report, and Messrs. Buskirk and Peed in reply.
Mr. Smith submitted a motion to^refer the matter to the Committee on Fees and Salaries.Mr. Miller. I move that the claim under consideration be referred back to the committee with instructions to grant a rehearing to the claimants, and report the claim with the evidence again to the House.
These motions were successively rejected; and then, on motion of Mr. Woollen, the matter was postponed and made the special order for to-morrow, two o'clock P. M.
Mr. Offutt called for a division of the question on the order just taken.
The Speaker. The Chair has no doubt as to the vote. The Speaker held that where the Chair has sue doubt the demand for a division of the House can not be insisted on.
HOLLAND & BINCKLEY.
Mr. Cobb, from, the Joint Committee on Claims, returned the claim of Holland & Binckley for legal services in sundry cases amounting to $2,559 15, recommending its allowance.
The House refused to concur in the report on a division; affirmative 20, negative 32.
M'DONALD, BUTLER & M'DONALD.
Mr. Riggs, from the Joint Committee on Claims, returned the claim of McDonald, Butler & McDonald for legal services, amounting to $250.
Mr. Buskirk desired respectfully to ask the committee to make a statement of the legal services rendered.
Mr. Riggs. This is a joint Committee composed of members of both Houses. These claims are put in and acted on after the claimants have been before the Committee. The Committee have taken the trouble to subpoena witnesses in every case; and I can assure the House that there is not one of these claims but has been thoroughly investigated - the members of the Committee on the part of the Senate being perhaps more thorough in their work than those on the part of the House.
Mr. Smith moved to reconsider the vote just taken non-concurring in the report on the claim of Holland & Binckley, so that the consideration of all these claims together may go over till to-morrow.
Mr. Cobb said, that amongst those who testified to the reasonableness of these charges before the Committee was Governor Hendricks. It was in evidence that the attorneys on the other side got nearly twice as much as these parties have charged the State. It is the opinion of the Committee that all these claims are equally just, one no more than the other.
Mr. Woollen stated his admission of some good reason, perhaps, for non-concurrence in these reports, whilst he himself was inclined to concur in them. These are cases involving investigations of facts and records. The committee can do that, whilst the House can not. The difficulty here teaches us one thing: that the Attorney General should do this business, and save these charges against the State. But these employments have been made, the service has been rendered, and it is not for us to say the State should not allow the compensation; and all such cases, of course, should be heard without partisan bias. He considered that all these claims should go over together, for a decision after the House shall be satisfied as to the justice in each case.
Mr. Walker also disclaimed the idea of distinctions and favoritisms on account of politics.
Mr. Smith's motion was then agreed to - the vote indicated was reconsidered, and the subject was made the special order for to-morrow at two o'clock P. M.
Mr. Riggs, from the Joint Committee on Claims, returned the claim of Isaac N. Morris for one-third the cost of 2,000 copies of his pamphlet entitled "The Two Per Cent Claim," recommending its allowance, which was concurred in.
N. B. AND E. TAYLOR.
Mr. Dial, from the Joint Committee on Claims, returned the claim of N. B. and E. Taylor for legal services, amounting to $100, reporting for its allowance.
J. L. BUCKLES.
Mr. Hedrick from the Joint Committee on Claims, returned the claim of J. L. Buckles, reporting a recommendation for its allowance.
On motion of Mr. Peed, the further consideration of these reports were postponed and made the special order for to-morrow at two o'clock P. M.
TENTH JUDICIAL CIRCUIT.
Mr. McConnell, from the Select Committee thereon, returned his bill [H. R. 465] fixing the time of holding courts in the Tenth Judicial Circuit, resuming certain provisions of law relating thereto, and prescribing the limits of terms in the several counties thereof, recommending its passage. [It provides that the spring terms shall be held in Adams county on the second Monday in March, in Wells the Monday succeeding, in Whitley the Monday succeeding. The fall terms in Adams county the first Monday in October, in Wells the Monday succeeding, in Whitley the Monday succeeding. The length of the terms in Adams, Wells and Whitley two weeks each; in Allen so long as the business may require, or they may hold adjourned terms in the discretion of the court.]
On motion of Mr. McConnell, (the restrictions being removed for the purpose,) the bill was advanced and finally passed the House of Representatives. Yeas 75, nays 0.
The House took a recess till two o'clock.
AFTERNOON SESSION.
The Speaker announced the special order, viz: the consideration of Mr. Peed's concurrent resolution, from the Committee on Ways and Means to test the sense of the House as to the propriety of building a new State House at this time, directing the Committee on Public Buildings to report a bill therefor. Postponed.
UNITED STATES STANDARD WEIGHTS AND MEASURES.
The Speaker laid before the House a communication from the governor, transmitting certain papers from Congressman Coburn, with reference to United States standards of weights and measures, and a building for their reception and preservation, which was read by the clerk, page: 149[View Page 149] and referred to the Committee on Agriculture.
The Speaker next took up Mr. Miller's bill [H. R. 317] providing that certain notes and bills of exchange shall be void, and it was referred to the Committee on the Judiciary.
DEPUTY ASSESSORS.
The Speaker next took up the committee's substitute for Mr. Shirley's bill [H. R. 418] to amend section 270 of the assessment act of December 21, 1872the question being on the second reading.
Mr. Wynn proposed to amend the first section by striking out the two provisos and inserting: "Provided said deputies shall give bonds in the sum of $2,000 for the faithful discharge of their duties."Mr. Shirley saw not the necessity for the amendment, unless it were to destroy the bill. There were two objects of the bill: one to require the assessors to select their deputies from the elected appraisers in 1872, so far as they are qualified, and the other as to the compensation of the appraisers and their deputies, which it reduces from $5 a day, under the old law, to $4 for the assessors, and $3 a day for their deputies. Tabled.
Mr. Brett. I shall move to amend the bill by striking out all that portion which requires these appointments by the assessors. We might almost as well repeal the law itself as to meddle with its provisions in this way. As to the provision about compensation, that may be well enough; but that with regard to the appointment of deputies is impracticable. The gentleman says - so far as they are competent. That would be a very delicate question to settle by the assessor. If we amend the bill in this way, the object of the assessment act will be defeated. Better leave the matter of these appointments where they are - with the auditors and assessors. Such was the feeling in his county.
Mr. Givan moved that the bill be referred to the Committee on Ways and Means.
Mr. Mellett took the view of the gentleman from Morgan and Johnson, and supported the motion for reference, and the motion was agreed to - affirmative 49, negative not counted.
MINES AND MINING.
Mr. Baxter's resolution of yesterday, for the appointment of a standing committee on mines and mining, was taken up and adopted.
The Speaker announced the consideration of Mr. Riggs' charter amendment bill [H. R. 389] as the special order, but it was passed over informally on account of the absence cf its author. The Speaker took up Mr. Jones' bill [H. R. 316] to authorize township trustees to lay an additional school tax cf twenty-five cents on the $100 for the purpose of liquidating debts for school buildings, furniture and apparatus.
On motion of Mr. Jones, it was recommitted with instructions to amend so as to require the proposed tax to be supported by petition of the majority of freeholders.
The Speaker next announced the consideration of the joint resolution requiring the Secretary of State to cause 500 additional copies of the assessment act of December 21, 1872, to be printed and distributed throughout the State.
Mr. Walker opposed the proposition from the consideration that just the few railroad bills which have been ordered to be printed have cost the State some $1,500 for the limited number of copies which we ordered. If such is the cost of printing now he thought we ought to be careful about making these orders.
Mr. Brett concurred. He said also that the assessors will furnish to the tax payers in their blank lists the information as to everything which they require to know of the assessment act, both with regard to real and personal property. Not one in 10,000 of the voters of the State would read the tenth part of that act, if it were printed and sent to them.
Mr. Billingsley corroborated the statement of Mr. Walker with regard to the cost of the printing, and proposed to be prepared to furnish the House with the exact cost of the bill printing orders. The joint resolution was rejected - yeas 8, nays 68.
The Speaker next took up Mr. Stanley's bill [H. R. 380] to legalize the service of summonses execution and other processes of law issued by justices of the peace in incorporated cities and, towns to marshals thereof, and to legalize all acts under color thereof, and to protect such marshals, etc.
Mr. Stanley explained the provisions of the bill, and said it was a thing especially desired in his locality. It was finally passed the House of Representatives - yeas, 78; nays, 2.
Mr. Miller's bill [H. R. 455] to provide for township elections, was read the second time and referred to the Committee on County and Township Business.
WABASH AND ERIE CANAL,
Mr. Cobb, by unanimous consent, returned from the Committee on Canals the bill [S. 23] to authorize the Boards of County Commissioners to make appropriations (not exceeding $10,000) for canal repairs in any county where any canal runs through or touches along the border thereof, recommending its passage.
Mr. Hollingsworth, Mr. Cobb, Mr. Heller, and Mr. Cowgill supported the bill, and submitted local considerations in favor of its passage.
Mr. Gifford and Mr. Kimball suggested that it might be giving too large a discretion to the County Commissioners, and that it might involve responsibility for the payment of old canal debts.
Mr. Heller and Mr. Richardson showed that these appropriations could go only for the repairs of the canal.
Mr. Bowser. And it might relieve the State from any default as to its agreement with the State of Ohio, to keep up the canal within this State.
Mr. Eward said it could involve no interest except that which is connected with the canal trade.
Mr. Woodward took the view of Mr. Gifford, and Mr. Kirkpatrick, and moved to recommit the bill with instructions to so amend it, that, upon petition signed by a majority of the freeholders of any such county, the Commissioners may appropriate for such purpose any sum not exceeding $10,000. Tabled.
Mr. Furnas, at first inclined to support it, should now vote against the bill.
Mr. Anderson, said Cass County now ships 50,000 bushels of wheat per week upon which she realizes six cents per bushels more on account of the cheaper freight by the canal. This would amount to $30,000 annually as the total annual advantage from the item of wheat alone. But they would also realize something - the same advantage in proportion - in the canal transportation of corn, oats and salt. Passed; yeas 66; days, 18.
PROPOSED NEW STATE HOUSE.
On motion of Mr. Peed the House now returned to the consideration of the special order, viz.: His Ways and Means Committee's concurrent resolution, involving the propriety of building a new State House at this time, by requiring the Joint Committee on Public Buildings to report a bill for that purpose.
Mr. Peed submitted considerations like this: That if a new capitol building is to be erected within five or six years, the initiatory steps should be taken at this session.
Mr. Lenfesty was decidedlv opposed to any movement in that direction, so long as the State felt itself too poor to furnish an additional asylum for the incurably insane. The people are demanding that these unfortunates should be cared for: the session was drawing to a close, whilst this demand was pressed upon us with page: 150[View Page 150] the knowledge that many of these unfortunates were locked in the county jails for the want of a better home.
Mr. Walker spoke in favor of the d ption of the resolution, and Mr. Glasgow opposed it.
Mr. Peed demanded the yeas and nays, which being taken resulted - yeas, 39; nays, 41.
So the concurrent resolution was rejected.
On motion of Mr. Willard, the Senate amendment to his Second District Court bill [H. R. 361], viz: "declaring an emergency," was taken up and concurred in.
The Speaker next took up Mr. Cobb's bill [H. R. 217], to amend the act of February 12, 1852, concerning promissory notes, and declaring an emergency - there being a majority and minority report thereon - the former to lay the bill on the table and the latter recommending its passage; the question being on the adoption of the report of the minority of the committee, it was rejected, and then the report of the majority was concurred in and the bill laid on the table; yeas 48, nays 21.
The Speaker next took up Mr. Woodward's bill [H. R. 323], providing for the payment of the township trustees all moneys which may have been collected from the township for specific purposes, and providing penalty for the violation of this act, it being on the third reading.
Mr. Billingslyy called attention to the severe penalty - $500 to $1,000 - the law now requires such moneys to be paid to the trustees at the proper time, but this bill requires them to be paid on demand of the trustees.
Mr. Walker referred to a bill of this title that was vetoed by Gov. Baker.
Mr. Woodard. The objections in the veto are removed in this bill; and so far as the penalty is concerned, the man acting under the sanctity and solemnity of an official oath ought to suffer for the violation of it. Rejected - yeas 8, nays 66.
On motion of Mr. Edwards of Lawrence, the bill [S. 15] to authorize cities and towns to negotiate and sell bonds ($40,000) to procure means with which to erect or complete unfinished buildings, and purchase of grounds and buildings for school purposes; and for the payment of principal and interest of such bonds; and legalizing such contracts heretofore entered into, and declaring an emergency, was taken up on the third reading.
Mr. Edwards, of Lawrence, represented that this bill is intended simply to legalize the title of the act of 1869, which, as an amendment of the act of 1867, improperly sets forth the title thereof. It simply amends the second title, and so authorizes persons outside transferred to cities or towns for school purposes to enjoy the benefits of such schools.
Mr. Henderson said his amendment to the bill, which was adopted by the House, makes the maximum of such loans $50,000, instead of $40,000.
The Speaker. The amendment will be engrossed; but the bill is without an enacting clause. It will be passed over informally.
Mr. Bowser, by unanimous consent, returned from the Committee on Railroads the bill [S. 10] to amend section 58 of the city corporators act of March 14, 1869, recommending its passage. It was ordered to the third reading.
NEW PROPOSITIONS.
Mr. Kimball introduced a bill [H. R. 473] for the incorporation of companies formed for the purpose of constructing railroads, bridge or road way across any river or stream forming a boundary line of the State.
Mr. Dial submitted a resolution, which was adopted, instructing the Committee on Insurance to report back to the House Mr. Kimball's insurance bill.
Messrs. Scott and Riggs obtained leave of absence, the former till Monday and the latter till Friday.
Mr. Baker introduced a bill [H. R. 474] to amend section 1 of the act for the incorporation of building, loan, fund and savings associations, approved March 7, 1857. (It provides for reducing the number of the corporators from fifty to twenty-five.) Corporations.
Mr. Woodard introduced a bill [H. R. 475] to authorize costs in all judgments for the plaintiff in all suits presented by citizens against railroad companies. (The judgment shall include a reasonable fee for the plaintiff's attorney.) Rights and Privileges.
Mr. Shirley introduced a bill [H. R. 476] relating to prosecutions by affidavit and information. (Hereafter prosecutions in the Circuit Court in all criminal cases may be made by affidavit and information, as well as by presentment and indictment.) Adjourned.
