HOUSE OF REPRESENTATIVES.
WEDNESDAY February 12, 1873.REPORTS FROM COMMITTEES.
Mr. Odle, from the Committee on Elections, returned the bill [H. R. 295] to amend sections 59 and 61 of the act defining misdemeanors, etc., recommending that it be laid on the table. Concurred in.
Mr. Woodard, from the Committee on Fees and Salaries, returned sundry bills to them referred, on the subject of fees and salaries of officers, reported that the same be laid on the table, and that in conjunction with the Senate committee, they have deemed it best to submit the following by way of substitute, viz: a bill [H. R. 477] regulating the fees and salaries of officers, and prescribing penalties for its violation, repealing certain acts therein named, and declaring an emergency.
On motion of Mr. Cobb (the bill having been read the second time by title, under a dispensation of the constitutional rule,) the bill was laid on the table and 300 copies ordered printed.
Mr. Rumsey, from the Committee on Rights and Privileges, returned Mr. Goudie's bill [H. R. 454] repealing the act for the protection of fish, recommending its indefinite postponement.
Mr. Hedrick returned Mr. Whitworth's bill [H. R. 383] to enable owners of overflowed lands to enclose the same where it can be done without affecting the rights of others, recommending that it be referred to the Committee on the Judiciary.
Mr. Shirley, from the Committee on Rights and Privileges, returned Mr. King's bill [H. R. page: 154[View Page 154] 404] authorizing cemetery companies to own or purchase horse railways, with amendments, striking out "enter" in the first section, and inserting ''intersect" in lieu, and adding a proviso prohibiting such cemeteries from the right to use and appropriate ground for any purpose within the limits of any incorporated town or city except they do so under the authority of the proper persons having control of the streets and alleys; and further that such companies purchasing such horse railways shall succeed them as to the enjoyment of all the rights of such railway companies, but the right to control and use such roads shall be exercised under the authority of said street commissioners; and adding a section to prohibit the right of such company to construct any road in conflict with the charter of such city or town; and so amended they recommended the passage of the bill. The amendments were adopted. Engrossed.
Mr. Thompson, of Eikhart, returned the Printing Committee's bill [H. R. 442], to provide for the publication of allowances of Boards of County Commissioners, with an amendment by substitute, to-wit: a bill [H. R. 478] to provide for the publication of the proceedings of boards of county commissioners, and the reports of township trustees, so far as they relate to the disbursement of public funds. (Auditor's abstracts to be published in two newspapers of the county of different politics - price five cents a line.) It was ordered to the second reading.
Mr. Prentiss returned the bill [S. 74] to legalize the acts and proceedings of county boards in certain cases, recommending its passage, and it was ordered to the third reading.
Mr. Coffman returned Mr. Miller's bill [H. R. 455] to provide for biennial township elections (on the first Monday in April), recommending its passage. It was ordered to be engrossed.
Mr. Claypool returned Mr. Butterworth's bill ]H. R. 356] concerning cemeteries, and recommending its passage. Ordered engrossed.
Mr. Reeves returned Mr. Wynn's bill [H. R. 370] providing for regular session of county commissioners, and recommending its indefinite postponement. Concurred in.
Also Mr. Wynn's bill [H. R. 371] supplemental to the assessment act of 1872, and recommending its indefinite postponement. Concurred in.
Mr. Furnas from the Committee on Agriculture, returned Mr. King's bill [H. R. 429] concerning grain elevators corporations, recommending its passage. Ordered engrossed.
Mr. Odle returned Mr. Gregory's bill [H. R. 393] to amend section 5 of the act to discourage useless dogs, recommending that it be laid on the table. Concurred in.
Mr. McConnell returned Mr. Hollinsworth's bill [H. R. 493] defining certain rights and duties of feeders and pasturers of live stock, recommending that it be referred to the Committee on the Judiciary. Concurred in.
STANDING COMMITTEE ON MINES AND MINING.
The Speaker announced the Standing Committee on Mines and Mining, ordered yesterday, viz: Messrs. Baxter, Cline, Claypool, McConnell, Gronendyke, Rudder and North.
TOWNSHIP SCHOOL HOUSE DEBTS.
Mr. Millett, from the Committee on Education, returned Mr. Jones' bill [H. R. 316] to authorize township trustees to levy an additional tax, not exceeding twenty-five cents on the hundred dollars yearly, for the purpose of paying school house debts, with an amendment, required by order of the House, viz: adding a proviso to section one that such additional levy shall be made only after the same shall have been demanded by the vote of a majority of the legal voters of the township to be affected thereby.
Mr. Jones stated that the single object of the bill is to enable the people of the township to pay their school house debts.
The bill was finally passed the House of Representatives - yes 75, nays 5. The Speaker again pursued the call for
NEW PROPOSITIONS.
Messrs. Miller and Barrett presented Bar petitions remonstrating against the proposed legislation for the abolishment of the Common Pleas, etc., which were referred to the Joint Special Committee on Redistricting the State for Judicial Purposes.
Mr. Mellett introduced a bill [H. R. 479] to amend section 561 of the general practice act. (For regulating appeals - must be taken within one year after the time the judgment is rendered, etc.)
Mr. Buskirk introduced a bill [H. R. 480] to encourage Teachers' Institutes and provide for the expense of the same, and prescribing the duty of officers tnerein named. (The School Examiner or Superintendent to file information with the Auditor of the average attendance of the county teachers on the County Institutes, and the Auditor to draw his warrant on the County Treasurer for twice as many dollars as the average attendance on such institutes, etc.) Education.
THE PUBLIC PRINTING.
Mr. Lenfesty submitted a resolution, requiring the Committee on Printing to report a bill providing for the public printing for the next two years.
Mr. Woollen called a meeting of the Special Printing Committee last evening, but none of them came. We have got up a good deal of matter for the purpose of drawing the bill, and if the House will excuse our absence for the next two days we will try to report it.
Mr. Lenfesty having withdrawn his resolution, on motion of Mr. Shirley, the Special Committee on Printing were accorded the leave of absence indicated. He also submitted a resolution requiring the chairman of the Committee on Printing forthwith to report the cost of printing the railroad bill [H. R, 399]; also the cost of bill printing by the page - which was adopted. Whereupon Mr. Billingsley, from said committee, reported: The total cost of said bill, No. 399, $87 75; cost per page for the first hundred copies, $3; each additional hundred copies, $I; which report was laid on the table.
Mr. Furnas introduced a bill [H. R. 481] to repeal the act to render taxation for school purposes uniform, and to provide for the education of colored children, approved May 13, 1869. It was referred to the Committee on Education.
NEW STATE HOUSE.
Mr. Woollen submitted a resolution declaring it the sense of the House that a special tax be levied and collected to remain a separate fund for the purpose of building a new State House, and that The Committee on Ways and Means be directed to report a bill for that purpose.
Hereupon debate followed, in which Messrs. Woollen, Branham, Cauthorn, Mellett, Henderson, Cobb, Thompson of Elkhart, Offutt, Brett and others participated [See Brevier Reports app., Vol. 14] resulting in the acceptance of a substitute offered by Mr. Cauthorn; reciting the insufficiency of the present State House and that the wants of the State demand that a new State House should be erected without delay; therefore, Resolved, that a select committee of five be appointed to devise ways and means for the erection of a new State House, and report by bill or otherwise; which was rejected by yeas 33, nays 54 - as follows:
Yeas - Messrs. Anderson, Billingsley, Butterworth, Cauthorn, Cobb, Edwards of Lawrence, Eward, Gifford, Gronendyke, Hardesty, Hedrick. Heller, Henderson, Johnson, Kimball, King, Kirkpatrick, Martin, Offutt, Ogden, Prentiss, Rumsey, Spellman, Thayer, Thompson of Elkhart, Thompson of Spencer, Walker, Wesner, Willard, Wilson of Ripley, Wood, Woollen, and Mr. Speaker - 33.
page: 155[View Page 155]Nays - Messrs. Barker, Baxter, Blocher, Bowser, Branham, Brett, Broaddus, Buskirk, Butts, Clark, Claypool, Cline, Coffman, Cole, Crumpacker, Dial, Durham, Ellsworth, Furnas, Given, Glasgow, Goudie, Hatch, Hollingsworth, Hoyer, Isenhour, Jones, Lenfestey, McConnell, McKinney, Mellett, Miller, North, Odle, Peed, Reeves, Reno, Richardson, Rudder, Satterwhite, Schmuck, Shirley, Shutt, Smith, Stanley, Teeter, Tingley, Troutman, Tulley, Whitworth, Wilson of Blackford, Woodard and Wynn - 54.
MILK SICKNESS.
Mr. Hardesty submitted a preamble and resolution reciting the prevalance and fatality of milk sickness in the State, the duty of the State to protect the lives of the citizens, and the fact that one A. J. Richardson claims to have discovered the cause of said disease, and which, if made known, can be made available by any person of common understanding; and, therefore, instructing the Committee on Rights and Privileges to inquire into the cause of milk sickness and the possibility of eradicating the same; and that said committee call before them the said A. J. Richardson to say what he knows about it, and report a bill for providing a suitable reward to any person who shall discover the cause of milk sickness.
Mr. Butterworth hoped the resolution would be promptly rejected. It was a disgrace to the State to advertise in this way that the State is infested with milk sickness - a thing unknown to medicine, and perhaps not heard of in many counties of the State.
Mr. Hardesty alleged that the milksickness was known in the counties of Madison, Henry, Delaware, and in many other counties; and, although this disease of milksickness might not be recognized by the medical professional was known to the legislation of the country. The State of Kentucky had offered a reward for the discovery of the cause of this disease, and this resolution should go to the committee for examination and report. Adopted - affirmative 42. negative 34.
Mr. Kimball introduced a bill [H. R. 482] supplementary to the act to provide for the election, fixing the compensation, and prescribing the duties of the Attorney General of the State, approved February 21, 1855, and to repeal the act to amend sections four and and seven of said act, approved June 3, 1861; and prescribing additional duties of clerks of the Circuit Courts and of District and Prosecuting Attorneys. Referred to the Committee on the Judiciary.
AGENT OF STATE'S REPORT.
Mr. Billingsby submitted a resolution for an order (which was adopted) requesting the Secretary of State and the chairman of the Committee on Printing in the House and Senate, to procure the completion of Agent of State's report, provided the same can be obtained on reasonable terms.
Recess till two o'clock P. M.
AFTERNOON SESSION.
The Speaker announced the claims reports special order, and it was passed over informally.
Mr. Whitworth's bill [H. R. 447] to amend section 1 of the road laws of 1867, was taken up, read the second time and ordered to the engrossment.
A call of the House determined seventy-one members - a quorum - present.
CLAIMS.
The Speaker returned to the special order, viz.: the consideration of the several claims reported yesterday for allowance by the joint committee on claims; and first, the claim of Barbour & Jacobs of $2,800 for legal services, of which the committee report for the allowance of $1,600, the question being on the amendment of Mr. Butterworth to Mr. Peed's amendment, to strike out $1,600 and insert $500 in lieu: and a division of the question being demanded, the question was on striking out.
After debate by Messrs Peed, Dial and Barrett, the latter moving, ineffectually, for indefinite postponement, the motion to strike out was agreed to - yeas 47, nays 36.
Mr. Butterworth's motion to fill the blank with $1,000 was agreed to, and the report of the joint committee, as amended concurred in.
The next bill in the special order, viz: the claim of McDonald, Butler & McDonald, upon which the joint committee reported for its allowance $250, was concurred in by the House on a division - affirmative 60, negative 26.
The next was the claim of Holland and Binckley for professional services in the case of the State against Michael Batchelder, late defaulting Treasurer for Franklin county, $2,359 15 upon which the joint committee report allowance.
After debate, by Mr. Given against the report, and Mr. Wilson, of Ripley, in favor of it, who stated that above $2,000 of the amount recovered by these parties have been paid into the treasury as the result of their prosecution of this case, Messrs. Peed and Barrett spoke further in opposition, and Messrs. Cobb and Walker in favor of the report.
Mr. Peed moved to amend the report by striking out $2,359 15 and inserting $1,000 in lieu.Mr. Cowgill moved ineffectually to lay the amendment on the table. Yeas, 15; nays, 25.
A division of the question being demanded, the motion to strike out was agreed to - yeas, 62; nays, 13.
Mr. Wilson of Ripley proposed to fill the blank writh $2,000; which, on motion of Mr. Barrett, was laid on the table.
Mr. Troutman proposed $1,200.
Mr. Cowgill moved to amend the amendment by inserting $1,800, which, on motion of Mr. Blocher, was laid on the table; and the question recurred on filling the blank with $1,200, which, on motion of Mr. Given, was also laid on the table.
Mr. Hatch proposed to fill the blank with $1,000, which was agreed to, and the report of the joint committee thus amended was concurred in
The next item in the special order was the report of the joint committee on claims for the allowance of $250 to J. S. Buckles for money paid to the State for swamp lands, which the State did not own at the time, and to which said Buckles has received no title. The papers in the case were all read by the Clerk.
Mr. Schmuck inquired if this claim has ever been at any time previous to this session of the Legislature presented here for allowance.
Mr. Cobb. It has not. There is no doubt the State got Mr. Buckles' money for land it did not own.
Mr. Schmuck. It seems strange that this gentleman should let his claim rest for fourteen years without presenting it. I think the matter should be referred to the Committee on Ways and Means, with instructions to inquire further about it.
Mr. Hatch moved, ineffectually, to lay the report on the table. The House then concurred ia the report of the committee without a division.
The House then adjourned.
