HOUSE OF REPRESENTATIVES.
THURSDAY, February 13, 1873.The prayers by Mr. Rudder, a representative for Washington county.
On motion of Mr. Woodard, his bill [H. R. 391] for the reorganization of the office of Secretary of State was taken up and referred to the Committee on Public Buildings.
The special order - Mr. Butterworth's compulsory school bill [H. R. 341] was passed over informally.
The Speaker took up the call for
NEW PROPOSITIONS.
Mr. Branham introduced a bill [H. R. 483] to amend the act to enable railroads to alter their lines in certain cases, approved December 21, 1865. [Any railroad company may, by resolution, make such local alteration in any case where the line is unnecessarily dangerous, circuitous or difficult to operate, by agreement with the owner of the property to be effected thereby; but if such consent is withheld, then by condemnation. Nothing herein shall authorize any railroad company to enter or avoid any town or city without consent, etc.] Railroads.
Mr. Butts introduced a bill [H. R. 484] to authorize turnpike companies to adopt the act of May 12, '52, and the amendment thereto, and to amend the act of March 6, '65, to allow county commissioners to authorize turnpike companies and make them free of toll, etc. [It relates to new road organizations, etc.] Roads.
Mr. Butterworth introduced a bill [H. R. 485[ requiring railroad conductors and engineers to stop trains at cities and incorporated towns - declaring a misdemeanor and fixing a penalty. [At every town, etc., of not less than 1,500 inhabitants - penalty $10 to $500.] Rights and Privileges.
Mr. Henderson introduced a bill [H. R. 486] for the incorporation of real estate and live stock companies. [Any three or more persons may incoporate by the usual resolutions and certificates, etc.]
Mr. Glasgow moved for an order to amend the rules so as to restrain speech to five minutes, which lies over one day.
Mr. Rumsey introduced a bill [H. R. 487] to amend section six of the Supervisor's Act of March 5, 1859. [Eight hours a day's work on the roads.] Roads.
HONORABLE DISCHARGE.
Mr. Cole submitted a joint resolution instructing our Senators and requesting our Representatives in Congress to restore the names of certain soldiers who were discharged without leave after the rebellion surrender, to their original places on the rolls of the army.
Mr. Kimball stated the emergency for the passage of this joint resolution. Toward the close of the war, in the spring of 1865, after the Lee and Johnson surrender, a number of soldiers were in camp at Nashville, anticipating discharge; and he mentioned many instances in which they took "French leave," as they called it, and went home. Under the army regulations all such were reported as absent without leave; and in many cases their commanders refused to restore them to the rolls. He did not so himself, but took the responsibility of restoring the names of all such soldiers under his command to the rolls and all their rights in the premises. The object here is simply to memorialize Congress for these just restorations.
The joint resolution was adopted on the part of the House of Representatives. Yeas, 70; nays, 1.
Mr. Cowgill introduced a bill [H. R. 488] to amend section 2, and repeal sections 3 and 4 of the act to render uniform the taxes for school purposes, and to provide for the education of the colored children of the State. [All children to be enumerated and districted for school purposes without regard to color or previous condition.] Education.
Mr. Cobb introduced a bill [H. R. 489] to amend section 5 of the act to incorporate the town of Huntington, approved Feb. 16, 1848. It was referred to the Committee on Cities and Towns.
Mr. King introduced a bill [H. R. 490] supplemental to the act for the incorporation of manufacturing and mining companies, and companies for mechanical and building purposes, approved May 20, 1852. [It provides for the enlargement of the powers of such corporations.] Manufactures and Commerce.
Mr. Billingsley asked and obtained the unanimous consent of the House to make his resolution of yesterday for completing the report of the Agent of State a concurrent resolution.
COMPULSORY EDUCATION.
The Speaker returned to the special order, viz.: the consideration of Mr. Butterworth's bill [H. R. 340] to compel parents and guardians to educate their children and wards.
Debate followed, in which Messrs. Butterworth, Branham, Brett, Woodard, Rumsey, Kimball, Buskirk, Hollingsworth, Miller and others took part(See App. XIV Brevier Reports)till the House took the recess till two o'clock P. M.
AFTERNOON SESSION.
The Speaker resumed the special orderMr. Butterworth's compulsory education bill [H. R. 340] and after a speech of opposition by Mr. Helleron motion of Mr. Walker, the bill was referred again to the Committee on Education, with instructions to strike out section 3, in order (as he said) to remove objections to the passage of a law that has no analogy in our criminal codeto remove objections to the principle that would compel a public officer to prosecute another for crime; and this section compels the trustee to make oath and prosecute the offender against it under pain of criminal liability.
page: 160[View Page 160]Mr. Dial moved to add to the Instructions: "to amend further so as to provide that all tines and penalties under this act shall be equally divided between the informer and the school fund.
On motion ot Mr. Butterworth Mr. Dial's motion was laid on the table.
STATUTE OF LIMITATIONS.
On motion of Mr. Smith his bill [H. R. 384] to repeal section 224 of the Practice Act of June 18, 1852, and declaring an emergency, was taken up on the final reading.
Mr. Smith stated the object of the bill to be simply the repeal of that section 224 which provides that the statute of limitation shall bar the officers of State and of the United States as other parties; and after further debate Mr. Edwards, of Vigo (Mr. Walker in the chair) moved to recommit the bill to the Committee on the Judiciary, with instructions to inquire and report as to the expediency of repealing that section of the statute of limitations and whether it would not be expedient for the proper officers at once to prosecute all defaulting persons. Messrs. Edwards, of Vigo, Peed, Shirley, Miller, Buskirk, Branham and Smith took part in the debate that followed, till on the motion of Mr. Shirley, Mr. Edwards of Vigo's motion was laid on the table - yeas, 53; nays, 31and then the bill was finally passed the House of Representatives by the following vote. (Yeas, 61; nays, 21):
Yeas - Messrs. Barker, Baxter, Billingsley, Bowser, Branham, Brett, Broadus, Buskirk, Butterworth, Butts, Clary, Claypool, Cobb, Coffman, Cole, Cowgill, Crumpacker, Dial, Dunham, Edwards of Lawrence, Ellsworth, Eward, Glasgow, Goudie, Hatch, Hedrick, Heller, Henderson, Hollingsworth, Hoyer, Isenhour, Johnson, Kirkpatrick, Martin, McConnell, McKinney, Miller, North, Olde, Offutt, Ogden, Peed, Prentiss, Reeves, Reno, Richardson, Rudder, Rumsey, Satterwhite, Schmuck, Shirley, Shutt, Smith, Stanley, Teeter, Tulley, Walker, Willard, Wilson of Blackford, and Wynn - 61.
Nays - Messrs. Anderson, Baker, Barrett, Blocher, Cauthorn, Cline, Edwards of Lawrence, Gifford, Gronendyke, Jones, Kimball, King, Lenfesty, Spellman, Thayer, Tingley, Thompson of Elkhart, Thompson of Spencer, Troutman, Wesner, Whitworth, Wood, Woodard, and Mr. Speaker - 24.
Pending the call for the yeas and nays -
Mr. Barrett asked leave to make an explanation of his vote; which the Speaker (Mr. Walker being in the chair) decided to be out of order, under the consistent rulings of the Speaker of the House; whereupon, Mr. Barrett submitted his appeal in writing: "The Speaker having decided that pending the call of the roll, when the name of a member is called, he can not explain his vote; from that we respectfully appeal to the judgment of the House."
(Signed) BARRETT.
Mr. Tully submitted a point of order, that an appeal requires two names; whereupon Mr. Heller also signed the appeal.
Mr. Walker (Mr. Offutt in the chair) read the sixth rule under which the Speaker has uniformly decided that no explanation, remark, or debate can be had on the proposition before the House after the yeas and nays have been ordered and the first name has been called. He did not propose to defend his ruling, but simply to adhere to it, as the ruling of the Speaker of the House; but if we were to call 100 names here, and each member were allowed to explain his vote, it would be a practice that would stifle legislation.
Mr. Lenfesty held that the language of rule six, can not be tortured so as to mean what the gentleman assumes; and it was not so construed in the other end of the capitol.
Mr. Johnson hoped that the House would not be guilty of the folly of allowing members here to rise and explain their votes. This was a good and wholesome rule. The proper time to explain the vote was when the proposition is under discussion. The other course would be unjust to the House and an extravagant waste of time. He hoped the House would confirm the rulings of one of the ablest speakers that ever sat in that chair.
The decision of the chair was confirmed without, a division.
Messrs. Brett and McConnell obtained leave of absence till Tuesday.
THE CALENDAR - TOWNS.
Mr. Offutt's bill [H. R. 68] to amend the seventh clause of the twenty-second section of the act of June 11,1852, for the incorporation of towns, defining their powers, etc. [Limiting a town liquor dealing license to a sum not exceeding $200], was taken up on its third reading.
Mr. Offutt explained that the single object was to admit towns to collect liquor license to the extent of $200.It was finally passed the House of Representatives - yeas, 70; nays, 6. [It is the same bill that was passed in 1867, and declared unconstitutional because it failed to set forth the amended section.]
WOMAN ELIGIBILITY.
Mr. Johnson's bill [H. R. 377] declaratory of the law of the State as to the eligibility of women to certain offices therein mentioned, was taken up on the third reading.
Mr. Jonson said the immediate effect of the bill is specially to legalize the action of this legislature in electing a lady to the office of State Librarian. The Legislature has made that election, and this bill will put this election beyond question. It enables women, who are able to bind themselves by an official bond to hold offices elective by the Legislature and appointive by the Governor. It was finally passed the House of Representatives - yeas 72, nays 10.
Mr. Barrett's bill [H. R. 411] to amend section 44 of the school law of March 6, 1865, was taken up on the third reading.
Mr. B. said, they have a valuable school section in his county, which the township trustee has been renting and appropriating the proceeds to himself till it amounts to thousands of dollars; and he contends that he is compelled to report only the money that comes into his hands. The object of this act is to compel him to show in his reports the amount he has received for rent of that property. The bill was finally passed the House of Representatives - yeas 73, nays 1.
TEMPERANCE OATH.
Mr. Hollingsworth's bill [H. R. 312] to prescribe an official oath or affirmation, and prescribe a cause of removal of any man holding office in this State, was taken up on the third reading.
Mr. Hollingsworth explained its object to be, that it shall be cause of removal from office for any man in office to use intoxicating liquors as beverages - a pretty good temperance bill - no politics involved - and suggested by the doctrine of civil service reform.
Mr. Lenfesty proposed to recommit the bill to the Committee on Temperance, with instructions to strike out and insert "officers who get intoxicated."
Mr. Branham proposed to add, "so as to apply only to persons who get intoxicated." and to strike out the emergency clause.
Mr. Givan could not see how we can constitutionally remove a State officer but by impeachment.
Mr. Tulley proposed to amend section one by inserting after the word "beverage," in line six, "or the use of tobacco."
Mr. Johnson. That amendment is out of order. It does not propose to recommit. But I want to ask the gentleman from Tippecanoe this question: The Apostle Paul has written to a distinguished man that it would be well for his stomach to take a little wine; does this bill propose to repeal that?
page: 161[View Page 161]Mr. Hollingsworth If that comes under the head of beverage, I suppose it would. [Laughter.]
Mr. Walker. Then the title of the bill ought to be amended.
Mr. Smith submitted a motion - ineffectually - to lay the motion to recommit on the table.
Mr. Hollingsworth. If I understand the amendments, I will accept them.
The motion to recommit, with instructions, was then agreed to.
Mr. Cauthorn's bill [H. R. 326] to amend the 453d section of the practice act, was taken up the third reading.
Mr. Walker. The object is to supply what seems to be a defect in the appraisement laws. The provisions of the bill is that where there is failure to sell the facts shall be returned to the court by the sheriff, and the court, upon the hearing of the evidence, shall fix proper valuations and appraisements and order another sale.
It was finally passed the House of Representatives - yeas, 63; nays, 15.
Then House then adjourned.
