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Brevier Legislative Reports, Volume XIV, 1873, 608 pp.
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FRIDAY, February 21, 1873.

RAILROAD LAWS.

The Speaker returned to the unfinished business of yesterday, viz: the consideration of Mr. Woodard's motion to reconsider the vote of yesterday by which the bill [S. 6] "concerning the transportation of freight and passengers over railroads within this State, repealing, prescribing penalties, and declaring an emergency," was laid on the table, which bill was laid on the table with notice of a motion, to take up and perfect the bill [S. 115] to prevent extortionate charges for, and unjust discriminations in, the transportation of freight by railroad companies or other common carriers, and to provide a remedy when such extortions or discriminations are practiced.

The debate embracing the comparative merits of these bills and the general subject of railroad legislation, was continued by Messrs. Wilson, of Ripley, Mellett, Woodard, Buskirk, Thayer, Branham, Walker, King and others.

On motion of Mr. Walker (and by unanimous consent) the vote by which the Senate bill No. 6 was laid on the table, was treated as reconsidered, and these several railroad bills were referred to the Committee on the Judiciary, and it was understood that the Committee on Railroads should sit with them, and that their report thereon should be made next Wednesday.

THE M'COLLOUGH CASE.

Mr. Kimball, from the Committee on Ways and Means, returned Mr. Lenfesty's concurrent resolution for an appropriation to enable Joseph Morgan, of Grant county, to pursue James McCollough, charged with the murder of Wm. C. Morgan, and awaiting his trial in the Benton circuit court, with material evidence in the case, and the committee propose amendments thereto by way of substitute, making it a joint resolution, requesting the Governor, if in his judgment he shall deem it proper to do so, to use of his contingent fund a sum of money not exceeding $400, to procure testimony in the case of the State against James Collough, charged with the murder of Wm. C. Morgan, in the Benton circuit court.

Mr. Cauthorn hoped the House would not concur in this report, and would not adopt any resolution giving a dollar out of the treasury for any such purpose. If any citizen of the State has expended time and money to find out and expose a case of murder, he has done no more than his duty; and it is unjust to attempt a remuneration in this way. Such special legislation should not be tolerated here.

Mr. Branham. Has not the Governor been in the habit of so using his contingent fund?

Mr. Cauthorn. He has. But let the Governor exercise his own sound discretion without advice or request from the General Assembly. If it were determined by the House that this appropriation of money is right, then let the House pass a resolution requiring him, to do this thing. But we are not advised of the facts.

Mr. Kimball. For the information of the gentleman from Knox, I would inform the House that this reported substitute was written by the Governor himself. It is the result of his reflections upon it, after having the matter in his hands for forty-eight hours.

Mr. Lenfesty claimed that there has never occurred such a case in the State, where a father, without means, has pursued the murderer of his son for eight years. He was pleased with modification of the joint resolution reported by the committee - placing the whole thing in the discretion of the Governor.

The Speaker stated that the joint resolution reported has no title, and directed the preparation of a title. It was written promptly by Mr. Lenfesty: "A joint resolution authorizing the Governor to pay out of the contingent fund certain money therein named."

The joint resolution was then passed on the part of the House of Representatives - yeas, 84; nays, 3.

Leaves of absence being asked for Messrs. Isenhower, Glasgow, Spellman, Barrett. Wolfiin, Rumsey, and the Committee on Ways and Means, the Speaker suggested that this course would result in leaving the House without a quorum, and the pending business will require the most rigid economy of time if it is to be properly closed up during the session. Leaves of absence should be granted only in cases of sickness.

INSURANCE

The Speaker announced the other branch of the special order for to-day, to-wit: the consideration of the Ways and Means Committee's bill [H. R. 350] to organize insurance companies, etc.

Mr. Smith moved to make it the special order for two o'clock to-day.

Mr. Walker proposed to amend and make it the special order for Tuesday.

Mr. Cauthorn resisted the amendment as a motion for delay.

Mr. Walker. It is not for delay simply, but for opportunity to consider the bill. He supposed he was not singular when he informed the House that he had never yet read that insurance bill.

Mr. Kimball stated the origin of this bill, with the Committee of Ways and Means, and the urgency for its considerationit having been specially called for by resolution and set down as a special order for this day. It was due to the State that a matter so important as this should be fully considered.

On motion of Mr. Baker, Mr. Walker's motion was laid on the table affirmative 43, negative, 37and the question recurred upon the adoption of the motion of Mr. Smith.

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Mr. Offutt moved, ineffectually, to lay it on the table - yeas 13, nays 70.

Mr. Ogden submitted an ineffectual motion to make the bill the special order for Monday two o'clock, and then Mr. Smith's motion was agreed to, and the bill was made the special order for two o'clock. P. M. Whence the recess.

AFTERNOON SESSION.

The Speaker announced the consideration of the special order, viz: the committee bill [H. R. 350] to organize insurance companies and to regulate the business of insurance in the State of Indiana; and, there being a majority and minority report thereon, they were read by the Clerk. The majority report is voluminous as to its proposed amendments, placing the business of insurance and life insurance, foreign or domestic, stock or mutual, more directly under the control of the Auditor and Treasurer of State. The report of the minority is signed by Mr. Givan and Mr. Barrett, and it proposes amendments in sections 2, 4, 8, 20, 27, 28, 29, (sub-stituted) 30, 36, 38, 46, (strikes out 47, 48.) 52 and 68, and substitutes sections 60, 61 and 62but without materially changing the character of the original bill, which is copied chiefly from the New York laws.

Mr. Jones said he would like to hear the original read by the Clerk.

Mr. Wilson of Ripley. This was a very long bill, and the reported propositions to amend were so numerous and so material, that it would be necessary to have them printed; he would therefore suggest that the reading be deferred till the printing can be had.

Mr. Kimball. It seemed to him that the bill, as it stands, needs but little amendment. All the amendment needed can be written in half a dozen lines.

The Speaker. The clerk will read the original bill: and accordingly the bill was read through by the clerk.

The debate thereon by Messrs. Kimball, Wilson, of Ripley, and Givan, is referred to the XlVth Brevier Reports App.

Mr. Brett took the floor, but gave way for a motion to adjourn.

Mr. Woodard filed his motion to reconsider the vote of yesterday rejecting Mr. Branham's railroad bill [H. R. 493]

Mr. King also filed his motion to reconsider the vote of yesterday rejecting the claim, of J. Taylor

Mr. Walker moved that the House do now adjourn till Monday at 2 o'clock P. M.

Mr. Cauthorn and others demanded the yeas and nays, which were taken, and resulted, yeas, 41, nays, 38; whereupon the Speaker adjourned the House till Monday.

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