HOUSE OF REPRESENTATIVES.
MORNING SESSION.
WEDNESDAY, February 26, 1873.Mr. Cauthorn moved, ineffectually, that the general court bill [S. 238] be taken up; but after discussion, by unanimous consent, the House took up the bill [S. 238] for an act to divide the State in judicial circuits for judicial purpose, fix the time of holding courts therein, abolishing the courts of common pleas and transferring the business thereof to the circuit courts, providing for the election of Judges and Prosecuting Attorneys in certain cases(it divides the State into thirty-six judicial circuits, abolishes the courts of common pleas, the office of district attorney, etc) - and it was read by the clerk.
Mr. C. then moved that the constitutional rule be suspended, the bill read the second time, and then referred to the joint committee for redistricting the State for judicial purposes.
Mr. Lenfesty proposed to amend the motion so as to refer the bill to a special committee of one from each Congressional district.
Mr. Gregory moved to lay Mr. Lenfesty's amendment to the motion on the table, which was agreed to - yeas 50, nays 38.
Mr. Mellett proposed to amend the motion so as to make it simply a reference of the bill to the Judiciary Committee.
Mr. Offutt proposed that it be referred to the Committee on the Organization of Courts.
Mr. Mellett accepted.
Mr. Woollen urged that the bill ought in all - propriety to go back to the Committee which had already given it so much attention.
Mr. Smith urged the adoption of Mr. Mellett's motion.
Mr. Offutt considered that the bill needed amendment.
Mr. Walker submitted facts and conclusions In favor of the reference to the Joint Judicial Districting Committee. It would save time, which has become specially precious here.
On motion of Mr. Givan, Mr. Mellett's motion was laid on the table.
Mr. Givan then demanded the previous question, and there was a second. The main question: Shall the constitutional rule be suspended arid the bill read the second time now? was taken and decided in the affirmative - yeas 60, nays 29 - and accordingly the bill was read the second time by title.
Mr. Smith proposed to amend the bill by striking out "Hendricks" from the fourteenth section, and inserting "Hendricks" in section twenty.
Mr. Woolen suggested that it would be better to refer these amendments to the joint committee.
Mr. Smith acquiesced.
The bill was then referred to the Judicial Joint Committee.
Messrs. Ogden, Hardesty and Peed presented memorials remonstrating against the abolition of the common pleas, which were referred with the bill.
page: 207[View Page 207]Mr. Kimball presented an Evansville petition.
THE NORMAL SCHOOL.
The bill [S. 153] amending sections fourteen and fifteen of the normal school act, and appropriating about $15,000 out of the common school fund for that institution, was taken upon the third reading.
Mr. Givan, Mr. Mellett and Mr. Ramsey showed that the object of the bill is to make appropriations which are absolutely necessary for the successful carrying on of the Normal School.
Mr. Gregory opposed the bill because the approptiation was to deplete the school fund, It was a violation of section three, article eight, of the Constitution. He was willing to support the Normal School, but not out of that fund.
Mr. Woollen showed that the school fund was raised by taxation, and the interest on the fund was not contemplated in the constitutional provison; only the principal of the fund. This was a msot just and appropriate as well as a very much needed appropriation.
Mr. Branham. It is simply a question whether we shall increase the amount already appropriated for the normal school.
The bill was finally passed the House of Representatives - yeas, 51; nays, 38.
Mr. WoIflin obtained leave of absence on account of the burning of his property in Mount Vernon.
RAILROAD LAWS.
Mr. Walker, by unanimous consent, returned from the Judiciary Committee the bill [S. 115] to prevent exorbitant charges for and unjust discrimination in the transportation of freight by railroads and other common carriers, with amendments: Striking out after the word "which" in line eight, section one, to the word "and," and including these words; and after the word "transportation" insert, "at any station or other place where such company are accustomed to receive freight." Strike out the proviso of the second section. Insert, "in all suits, in case of recovery, the judgment shall include reasonable fees for the plaintiffs attorney." Add section 10. The summons to be served on the proper officer (train conductor) at least ten days before the case is to be heard. Section 11, (the matter of Mr. Offutt's amendment heretofore reported as section 9), section 12. This act shall not be construed to prejudice the right of action which the State may have against any railroad company.
The subject was passed over and made the special order for to-morrow two o'clock p. m.
PURDUE UNIVERSITY.
Mr. Kimball, from the Committee on Ways and Means, returned the bill [S. 170] making an appropriation (of $60,000) for Purdue University, (for completing the college edifice and for fencing and ornamenting the grounds$30,000 to be drawn on the first of June, 1873, and $30,000 on the first of June, 1874), the Committee recommending its passage. It was ordered to the third reading.
MUNICIPAL BANK TAX.
On motion of Mr. Givan the bill [S. 4], to provide for the assessment and collection of taxes for municipal purposes, on the shares of stock owned in banks and banking associations in this State, was taken up, considered on the third reading and finally passed the House of Representatives - yeas 76, nays 7with an amendment of title, making "the bill" "an act."
PUBLIC PRINTING.
Mr. Hardesty, from a majority of the Special Committee on the Public Printing, obtained leave to report a bill [H. R. 526], for an act to provide for the public printing and binding. (The Governor, Auditor and Treasurer and Secretary of State to be a Board of Public Printing, to have charge, etc., to negotiate for the public printing at the lowest price, etc.,contracts to continue two years-to appoint an expert (a printer) to look after the matter, at $6 a day, etc.)
Mr. Shirley, from a minority of said Committee (himself and Mr. Woollen) reported a bill [H. R. 527] in relation to the public punting, binding and lithographing. (The Secretary, Auditor and Treasurer of State to be Commissioners of Printing.) The Governor (with the advice and consent of the Senate) to appoint a Supervisor of Printing, to hold two years, to take oath, execute bond, and receive an annual salary of $1,000, payable quarterly, and to make report annually to the Governor of the expenses of the Department over which he presides. The printing to be divided into five classes, each class to be let in one contract; the State to provide the paper, etc.
On the motion of Mr. Eward, modified by Mr Hardesty, the two reports and bills were ordered, to be printed, and made the special order for Friday, two o'clock P. M.
On motion of Mr. Hatch, the bill [S. 32] to legalize the sale of certain seminary bonds in Jasper county, to Marion Spitter and Margaret Stackhouse, and directing how the proceeds shall be applied, was considered on the third reading. He said it was simply to legalize the sale so that the money could go to the Seminary. The bill was finally passed the House of Representatives - yeas 71, nays 1.
Mr. Hatch submitted a resolution for an order for evening sessions, which lies over one day.The bill [S. 99] to authorize sureties on notes, bills, bonds or other instruments in writing when they have been compelled to pay the same, to collect interest on the same of their principals, was taken up on the third reading. (The paper and the judgment to bear ten per cent interest.) It was finally passed the House of Representatives yeas71, nays 1with an amendment of title proposed by Mr. Miller, adding the words: "and regulating the rate of interest or judgments thereon."
Mr. Glazebrook presented the remonstrance of certain of the Bar against the abolishment of the Common Pleas, which was referred to the joint special districting committee; also, a preamble and resolution reciting the present illness of the principal doorkeeper and the postmaster of the House of Representatives, and directing the assistant doorkeeper to appoint a deputy for each, ahd providing for the compensation of such appointees, which was adopted.
Mr. King introduced a bill [H. R. 528] concerning the appointment of short-hand reporters, (by the courts) regulating their duties, and providing that their original (long-hand) mss. may be read as evidence on appeals, etc., which was referred to the Committee on the Judiciary.
Mr. Johnson introduced a bill [H. R. 529] supplemental to the civil practice act -(for the same purpose,)- It was passed to the second reading.
The Speaker laid before the House a communication from the Governor, transmitting the report of the officers of the State on the matter of the enlargement of the State House grounds.
Mr. Heller desired to take up the Senate bill No. 10.
On motion of Mr. Glasgow, his resolution restricting debate to five minutes without leave of the House, was taken up and adopted as an amendment to the rules of the House of Representatives.
The recess till two o'clock P. M.
AFTERNOON SESSION.
The Speaker announced the special orderthe Governor's message vetoing Mr. Buskirk's bill [H. R. 71.]
INTOXICATION AND OFFICE.
Mr. Cauthorn, from the Committee on Temperance, returned Mr. Hollingsworth's bill [H. R. page: 208[View Page 208] 312] prescribing an official oath or affirmation, and prescribing a cause of removal from office of any official in this State, with amendments, under instructions of the House, viz: striking out the words, "use any intoxicating liquors as a beverage," and inserting the words: "become intoxicated by the use of intoxicating liquors" In lieu; and strike out the third section, and so amended, the committee recommend the passage of the bill. The bill and amendments were read by the Clerk.
Mr. Hollingsworth supported its provisions notwithstanding the emasculations to which it has been subjected. It provides simply that no man shall drink intoxicating liquors and hold office at the same time and it could work no hard-ship.
Mr. Baxter moved that the bill be laid on the table; which motion was rejected by the demand and taking of the yeas and nays; which were reported. Yeas 21, nays 64.
Mr. Givan desired to make It the special order for Saturday week.
The bill was finally passed the House of Representatives. Yeas 74, nays 14; with an amendment of the title so as to read: "An act to provide against intoxication on the part of public officers, and to provide for removal from office therefor."
The Speaker now returned to the special order, via: the Governor's veto of the act resulting from Mr. Buskirk's bill [H. R. 71] to amend section six of the act of March 14, 1867, for the incorporation of cities. The Governor recites the delay of the bill after it was presented to him for signature on the 12th inst., (by an order of the Senate for its withdrawal,) from the 14th to the 21st inst., and the opinion of the Attorney General, that the time of delay should not be counted in the three full days which the Constitution allows the Governor for the consideration of a bill so presented to him. He then recites the provisions of the act proposed to be amended, and the material amendment of the enrolled act, viz: to enable cities by petition and vote of a majority of freeholders by taxation to aid in the construction of bridges which may have a terminus therein, and to aid in the construction of other public works of public utility. He objects, not to the specific authority to aid in the construction of bridges, but to the vagueness of the objects for which it is proposed to confer authority for aid by taxation in "the construction of permanent public works and works of public utility." His Excellency also cites the reasoning of Governor Baker on the principle of conferring a vague and general sovereignty on majorities.
Mr. Walker was informed that there is a bill from the Senate (Senator Hall's) for the object which this bill contemplates obviating the Governor's objections, and he would therefore move that the matter be indefinitely postponed.
The Speaker. It is a constitutional question here: "Will the House pass the bill, the objections of the Governor to the contrary notwithstanding?" The motion is therefore out of order.
The returned act was then rejected by the House of Representatives - yeas 86, nays 0.
Mr. Baker moved ineffectually to take up the Senate bill No. 254 - the bill referred to by Mr. Walker.
INSURANCE LAWS.
The Speaker now returned to the special order, viz: the consideration of the committee bill [H. R. 350] to organize insurance companies, regulating the business of insurance, etc.
Mr. Wilson, of Ripley, proposed to amend the bill by striking out the words "insurance commissioner" wherever they occur in the bill, and insert "Auditor of State" in lieu; striking out section 7; in section 22, strike out "member" and insert "stockholders" in lieu; in section 30, insert "expenses and dividends." in section 45, strike out "annually" and insert "semi-annually" in lieu; strike out sections 47, 48, 50, 52, 55, 56; amend section 45, inserting "and shall pay the same into the State Treasury."
Mr. Kimball indicated a motion to lay all these amendments on the table except the first, and subsequently the first amendment was adopted by unanimous consent.
Mr. Wilson's second amendment striking out section 7 was adopted - yeas 60, nays 26.Mr. Wilson's third amendment striking out and inserting "members and stockholder" was adopted by consent.
Mr. Wilson's fourth amendment: in section thirty, after the word "losses," insert "expenses and dividends," was next considered. He said this bill proposes to tax three per cent of the gross receipts, exempting losses. I propose to add "expenses and dividends." It was rejected - yeas 40, nays 50.
Mr. Wilson's fifth amendment, to strike out "annually" and insert "semi-annually," in lieu was next considered. Mr. W. thought that under this bill, the Auditor would have very little to do in issuing these certificates, even if they were made semi-annually.
Mr. Brett and Mr. Millett considered the Auditor's compensation should hardly come in here - they were willing that he should have a just compensation for his services.
Mr. Kimball. The bill proposes $1,000 to the Auditor, and $2,000 for his deputy.
Mr. Cauthorn moved ineffectually to lay the amendment on the table - yeas 36, nays 49.
Mr. Johnson. How much will the Auditor receive for these certificates under this bill? He was informed that the Auditor received $2 for each license.
Mr. Wilson. If it drive out foreign companion, as I believe it will, his compensation will be very small.
Mr. Shirley. If the Auditor has been receiving $15,000 a year for this business, this bill can't do more than cut down his receipts one-half, and that would be too much. It is time to put a stop to these fortunes in public offices.
After further remarks in this direction by Messrs. Wilson of Ripley, Branham, Lenfesty, Cauthorn and others,
Mr. Brett referred again to a statement which he made yesterday, which he supposed to be true because it remained uncontradicted, that the Auditor of State receives now over $14,000 a year on account of this insurance business, for issuing licenses twice a year to insurance agents, as the law now stands. If, then, the insurance business shall continue as it is, and this amendment is adopted, the Auditor will receive for this service over $15,000. He thought the decrease which was predicted by the operations of this bill would hardly be realized, for he understood that such was not the result of this kind of legislation in other States. But if it diminishes the insurance business one-half, the Auditor will still receive $7,000 from this source.
Mr. Lenfesty. Where did the gentleman from Daviess get that paper which he read yesterday.
Mr. Baker (on his seat). I copied it from the auditor's books.
Mr. Wilson, of Ripley. There is another amendment that is to strike out the auditor's deputy hire,
Mr. Gregory. It was a startling revelation to him that the auditor of State has been drawing $14,500 from the insurance department; and now by this amendment he is to make by the issuing of certificates twice as much.
Mr. Kimball. By this bill the auditor of State is to have a deputy paid by the State, while before he had no deputy except as he paid him out of his own pocket.
After further debate by Messrs. Mellett, Givan and others, the amendment was rejected - yeas 38, nays 49.
The next amendment, proposed by Mr. Wilson, to strike out section 49, creating the office of Commisioner of Insurance, was laid on the table - yeas 45, nays 43.
page: 209[View Page 209]Mr. Kimball proposed to amend the section 49 so as to make it constitute the Auditor of State ex officio Commissioner of Insurance; which was adopted on a division - affirmative 45, negative 43.
Mr. Wilson's next amendment was to strike out section 53, which provides, amongst other things, that foreign insurance companies shall loan sixty per cent of their reserves within the State of Indiana; whereupon Mr. W. said: The State of New York requires all her companies to loan all their reserves in the State of New York. There are a great many citizens of Indiana who hold policies of insurance in these New York companies, and if we pass this section we compel these New York companies to retire from doing business in this State; because of another section of this law we make it a misdemeanor for them to continue, and they can't send an agent here to collect a premium. The effect will be then to compel all those citizens of Indiana who have policies in these companies to forfeit them. And so far as that goes, these companies will be gainers. I ask that this section be stricken out on the part of those men who are insured in these New York companies.
After further debate by Messrs. Gregory, Richardson, Baker, Cauthorn, Walker, Kimball, and others, the proposed amendment by striking out was laid on the table - yeas, 46; nays, 37.
Mr. Johnson read a dispatch from Mr. Spellman (confined at his room with diptheria,) asking leave of absence, which was accorded by consent.
Mr. Gregory obtained a suspension of the order of business to enable him to introduce a preamble and resolution for night sessions commencing at half past seven P. M., which lies over till to-morrow. Adjourned.
