HOUSE OF REPRESENTATIVES.
THURSDAY, February 20, 1873.On motion of Mr, Thompson, of Elkhart, the vote of yesterday rejecting Mr. Kimball's Recorder's bill [H. R. 206] was reconsidered, and it wae restored to the files.
REPORTS FROM COMMITTEES.
Mr. Smith, from the Committee on the Judiciary, returned Mr. Edwards, of Vigo's bill [H. R. 224] to amend the first section of the charter of the Female Seminary of St. Mary's of the Woods, in Vigo county, with amendments striking out and inserting: "Provided, That it shall not be lawful for such corporation to hold real estate exceeding $300,000 in value, and if they come into the possession of more it shall be sold - but not so as to require the sale of any real estate owned by said corporation and necessary to the enjoyment of its privileges;" and so amended, the committee recommend the passage of the bill. The amendments were adopted, and the bill was ordered to the engrossment.
Mr. Walker returned Mr. Johnson's bill [H. R. 460[ to amend section 132 of the code of civil practice, recommending its passage. It was ordered to the engrossment.
Mr. Johnson returned the bill [S. 98] to prevent the carrying of concealed weapons, recommend- page: 190[View Page 190] ing its indefinite postponement, which was concurred in. He also returned his bill [H. R. 459] granting jurisdiction to the civil criminal circuit courts in cases of forfeited recognizances, etc., recommending its passage, which was passed over.
Mr. Mellett, from a majority of the Committee on Education, returned the bill [S. 170] appropriating $60,000 to the Purdue University, recommending its passage, it was referred to the Committee on Ways and Means.
Also, Mr. Givans' bill [H. R. 521] to provide for the erection of a new building for the display of the Owen Geological Cabinet of the Indiana University, recommending its passage. It was referred to the Committee on Ways and Means.
Also the bill [S. 153] to amend section 14 of the act to create the State Normal School, adding supplementary sections and providing for an appropriation, recommending its passage. It was ordered to the third reading.
Also Mr. Givan's bill [H. R. 288] to amend the twenty-seventh section, of the common school law, recommending its passage. It was ordered to the engrossment.
Also Mr. Kirkpatrick's bill [H. R. 367] in relation to unclaimed county orders, recommending that it be laid on the table, which was concurred in.
Mr. Givan, from the Committee on education returned Mr. Walker's bill [H. R. 436] to amend sections 109, 110, 118 of the common school law, recommending its passage, which was ordered to the engrossment.
Mr. Givan, from the Committee on Manufactures and Commerce, returned the bill [S. 4] to provide for the assessment and collection of taxes for municipal purposes on shares of bank stock, etc., held in this State, recommending its passage. It was ordered to the third, reading.
Also Mr. Ringo's bill [H. R. 490], supplemental to the act for the incorporation of manufacturing, mining and building companies, approved May 20, 1852, and providing for the enlargement of their powers in certain cases, recommending its passage.
Also the bill [S. 96] to encourage manufactures in this State, and allowing and legalizing the conveyance of real estate to foreign companies, recommending its passage, which reports were concurred in. The former bill was ordered to be engrossed and the latter was ordered to the third reading.
Mr. Thayer, from the Committee on Manufactures and Commerce, returned the committee bill [H. R. 205], supplemental to the act for the incorporation of manufacturing and mining companies, approved May 20, 1852, recommending that it be laid on the table, which was concurred in.
Mr. Thompson, of Elkhart, from the Committee on County and Township Business, returned his bill [H. R. 493] to amend line 2, section 8 of the act to provide for the more uniform mode of doing township business, approved February 18, 1859, recommending its passage. He said it changes the time for the trustees to levy the taxes tor road purposes, etc., from March to June. Every county is interested in this, if they would have the benefit of the new assessment law, which is expected to bring large sums into the treasury, and on his motion (the constitutional rule having been suspended for the purpose) the bill was advanced and finally passed the House of Representatives - yeas, 75; nays, 0, the words "line two," on the motion of Mr. Miller, being stricken out as redundant.
INVESTIGATION OF VOUCHERS.
Mr. Branham asked and obtained unanimous consent to submit a resolution (which was adopted) directing the Committee on Public Expenditures to examine all the vouchers in the office of the Auditor of State, which have not been examined by any Committee of the General Assembly, and as far as possible ascertain whether the State has received the property paid for, and report to this House.
REPORTS FROM COMMITTEES.
Mr. Tingley, from the Committee on Benevolent Institutions, returned the bill [S. 48] to amend sections 1, 7 and 8 of the Soldiers' Home act, recommending its passage. It was ordered to be engrossed.
Mr. Gifford, from the Committee on Cities and Towns, returned Mr. Ogden's bill [H. R. 469] to amend the second section of the act of June 1, 1852, for the incorporation of towns, recommending that it be laid on the table; which was concurred in.
Mr. Martin, from the Committee on Roads, returned Mr. Kirkpatrick's bill [H. R. 366] supplemental to the act of May 14, 1869, authorizing the assessment of land for plank, gravel and McAdam road purposes, recommending its passage. It was ordered to the engrossment.
Mr. Prentiss, from the Committee on Roads, returned Mr. Eward's bill [H. R. 461] to amend section three of the act: of March 11, 1867, to authorize the assessment of land for road purposes, recommending that it be laid on the table, which was concurred in.
He also returned Mr. Shirley's bill [H. R. 396] to amend section 49 of the act for the opening and change of highways, with amendments striking out and inserting appropriately, "shall open and keep in repair such road at his own expense," and so amended the Committee recommended its passage. The amendments were adopted and the bill was ordered to the engrossment.
Mr. Thompson, of Spencer, from the Committee on Roads, returned Mr. Spellman's bill [H. R. 450] supplemental to the act for the assessment of land for road purposes, recommending that it be laid on the table;
Mr. Isenhower, from the same committee, returned Mr. Rumsey's bill [H. R. 487] to provide that persons holding pension certificates shall be exempt from work on the highways, with a recommendation that it be laid on the table, which reports were concurred in.
HOMES FOR FRIENDLESS WOMEN.
Mr. Baxter, from the Committee on Reformatory Institutions, returned the bill [S. 94] concerning the application of certain fines, forfeitures and penalties collected in the enforcement of city ordinances, etc., recommending its passage, and it was ordered to the third reading. He said that in all incorporated cities where there is an established Home for Friendless Women, this bill is for the purpose of appropriating those certain fines and forfeitures for the benefit of those institutions that have no public support. It was passed the Senate without a dissenting voice; and on his motion, (the constitutional restrictions being suspended for the purpose), the bill was advanced and finally passed the House of Representatives - yeas 66, nay 9.
HOUSE OF REFUGE.
Mr. B. also reported from said committee the recommendation for a total appropriation for the House of Refuge for Boys, at Plainfield, of $62,500, to include officers' salaries, medical and all other expenses; and it is based on the hope of the committee that there will be accorded an appropriation of $55,000 to double the capacity of the House of Refuge. The report was concurred in.
SANITARIUM FOR DRUNKARDS.
He also returned his bill [H. R. 498] to establish a State Sanitarium, and provide for the government thereof, with amendments, strking out page: 191[View Page 191] from section 15, and inserting: "A sum not exceeding $10,000 shall be appropriated for the purpose of the Sanitarium.
The Speaker. (Mr. Peed in the chair). The report is out of order. It does not recommend the passage of the bill.
CLAIMS.
Mr. Riggs,from the Joint Committee on Claims, returned the claim of Mary J. Jameson, for interest in the Blind Asylum; and the claim of J. Taylor architect; also, the claim of Stephen and George C. Whitman, recommending that they be not allowed. Which was concurred in.
Mr. Cobb, from the Joint Committee on Claims returned the claim of Daniel Keeley for $3,236 for services rendered during the war with his martial band, recommending that $1,320 be allowed in full of all demands, and that this report be referred to the Committee on Ways and Means with instructions that it be incorporated in the specific bill.
After debate, the vote on concurrence in the report was taken and reported - yeas 36, nays 40so the claim was not allowed.
SANITARIUM FOR DRUNKARDS.
Mr. Baxter, from the Committee on Reformatory Institutions, now again returned his bill [H. R. 498] to establish the State Sanitarium, with the amendment as above reported, recommending its passage. (It appropriates $10,000 toward the beginning of a Suite Sanitarium for Drunkards).
The amendment was adopted.
Mr. Schmuck moved for the indefinite postponement of the bill.In the debate which followed, Messrs. Baxter, Richardson, Rumsey, Hatch, Walker, Mellett and Thayer supported the bill, and Messrs, Shmuck, Peed and Reno supported the motion to postpone; which was at length decided in the negative.
Yeas 17, nays 60; and then the report was concurred in and the bill was ordered to the engrossment.
The House then took the recess till two o'clock P. M.
AFTERNOON SESSION.
A call of the House having determined a quorum, on motion of Mr. Mellett the bill ]H. R. 259] to restrain the running at large of stock was restored to the files.
Mr. Cauthorn obtained leave to introduce a bill [H. R. 522] to amend section seventeen of the general city corporations act of March. 14, 1867, (relative to the duties of the mayor. Amongst other things it gives him special jurisdiction in all civil cases to the exten of five hundred dollars, and jurisdiction in all criminal cases the same as now, throughout the county.] It was referred to the Committee on Cities and Towns.
Also, a bill [H. R. 523] to amend section 8 of the act concerning real property and the alienation thereof approved May 6, 1852. ["The proceeding section shall not apply to mortgages and conveyances in trust, and every estate vested in executors or trustees as such, shall be held by them in joint tenancy.") Judiciary.
On the motion of Mr. Cowgill, the vote of yesterday was reconsidered by which the bill [S. 16] for legal action by one member of the firm against another in the partnership name was indefinitely postponed.
RAILROAD LAWS.
The Speaker now announced the special order, viz.: The consideration of the bill [S. 6] concerning the transportation of freight and passengers over railroads within this State, and repealing, etc.; and the bill [S. 115] to prevent extortionate charges for, and in just discriminations in,the transportation of freight by railroad companies and other common carriers, and to provide remedy when such extortions are practiced; and Mr. Offutt's bill [H. R. 158], declaring all railroad companies common carriers, regulating passenger fare and the tariff of freight, and requiring them to discharge freight and passengers at every station, and prescribing penalties; and the same, with the pending amendments, were severally read by the clerk.
Mr. Branham moved, ineffectually, for the consideration of the amendments to the bill S. No. 115.
On motion of Mr. Peed the bill [S. 6] was taken up first.
Mr. Offutt moved to amend section 9 by inserting in the tenth line these words: "or any of its agents," and striking out lines seventeen to twenty-two - that is the individual penalty of $5 a day for neglecting to use cars furnished.
Mr. Hollingsworth considered that this 9th section makes an unreasonable requirement of the railroad, and after the reply, and some conversation across the House, Mr. Offutt's first amendment was adopted.
Mr. Cobb proposed as a substitute for Mr. Offutt's second amendment, to strike out ''five" and insert "three," in lieu; and strike out the words: "in the sum of $10 a day." He thought $3 a day was enough for an idle car; and in the other case he thought the penalty might be left to trial of the case, and then all the amendments were laid on the table.
Mr. Shirley proposed to amend the first section in three several lines by inserting the words "within, the State," so as to confine the average charge for the distance of carriage to the length of the company's line within this State, which was rejected.
Mr. Miller proposed to amend section four by inserting after the word "provided," in the second line, these words: "assignee or receiver,"which was adopted:
Mr. Troutman proposed to insert the words "per mile" in several places in the first section, which was rejected.
Mr. Miller proposed to amend the bill by striking out and inserting sections three to five of the Senate bill No. 115.
The Speaker called the gentleman's attention to Rule 64the chair can not entertain the motion because the Senate bill No. 115 is before the House.
Mr. Branham could not so understand the rule 64, and, more for the purpose of making a speech than for testing the soundness of the ruling, he moved to amend the pending bill No. 6 by striking out all after the enacting clause and inserting the matter of the bill, S. No. 115. His speech which followed supporting the bill No. 115, and deprecating the provisions of the bill S. No. 6, as tending inevitably to bankrupt the weaker and newer railroad companies, and to repress the construction of new lines, and thereby postpone and repress also the highest prosperity of the State, which lies in the development of her mines of iron and coal, shall it not be found with the rest of this debate in the appendix to volume 14 of the Brevier Reports? When he had concluded.
The Speaker. The motion of the gentleman to strike out and insert the pending bill cannot be entertained.
Mr. Branham. Then I move to lay the bill before the House - the Senate bill No. 6,on the table, for the purpose of taking up Senate bill No. 115.The motion was agreed to - yeas 51, nays 21.
Mr. Woodard submitted a motion to reconsider the vote just taken, and thereupon
Mr. Offutt continued the debate supporting the provisions of the bill, S. No. 6, and delaring that the bill, S. No. 115, would be absolutely worthless as a substitute for the protection of the interests of the State.
page: 192[View Page 192]Mr. Walker followed, taking similar views, and replying to Mr. Branham.
Mr. Cowgill opposed the motion, to reconsider and preferred the passage of the Senate bill No. 115. Mr. Thayer took the floor, but gave way for a motion to adjourn.
Mr. Eward obtained leave of absence till Monday, and thenThe House adjourned.
