HOUSE OF REPRESENTATIVES.
MONDAY, March 3, 1873.The House met at ten o'clock A. M., pursuant to adjournment. The prayers by Elder James Rudder, a Representative for the County of Washington.
Mr. Cauthorn moved to take up the bill S. No. 10, of interest to the people of Fort wayne.
Mr. Woodard desired to take up the bill S. No. 238.
On motion of Mr. Batterworth the Notre Dame charter amendment bill [H. R. 195, 224] was taken up; and on motion of Mr. Gregory the bill S. No. 88, together with the majority and minority reports thereon from the Swamp Lands Committee, were taken up, and made the special order for this afternoon at two o'clock P. M.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. Walker, from the Committee on the Judiciary, returned Mr. Woollen's bill [H. R. 503] relating to the convening and adjournment of grand juries, adding a proviso to section 2: "Provided, that a grand jury shall be convened once a year in each county." Also, Mr. Woollen's Court bill [H. R. 256], with amendments striking out and inserting, to the effect that Circuit Court Judges shall have power to arrange and regulate the order of business in their respective circuits for the making of issues, for the transactions of probate business, and criminal and civil business, recommending its passage. Also Mr. King's bill [H. R. 528], concerning the employment of short hand reporters in the courts, and that their manuscript be taken as evidence on appeals in certain cases. Also, Mr. Shirley's affidavit prosecutions bill [H. R. 476]. Also, Mr. Cauthorn's bill [H. R. 523], to amend section 8 of the act of May 8, 1852, concerning real property and its alienation; recommending severally that the same do pass.
These reports were severally concurred in, the amendments adopted, and the bills ordered to be engrossed.
WAYS AND MEANS.
Mr. Kimball, from the Committee on Ways and Means, reported a bill [H. R. 535] making specific appropriations for 1873, which was passed to the second reading and referred again to the committee.
Mr. Kimball returned Mr. Givan's bill [H. R. 521] to provide for the erection of new buildings for the State University, and making appropriations ($30,000) therefor, with amendments, proposing to appropriate $15,000 for the year 1873 and $15,000 for the year 1874, recommending its passage, and it was ordered to the engrossment.
Also, Mr. Cobb's State House grounds bill [H. R. 351], recommending that it be referred to the Committee on Public Buildings, which was concurred in.
REPORTS FROM THE COMMITTEE ON BENEVOLENT INSTITUTIONS.
Mr. Branham, from the Committee on Benevolent Institutions, returned Mr. King's bill [H. R. 154] to make provision for the benevolent institutions when the Legislature fails (proposing to make the appropriations per head of the inmates), recommending that it be laid on the table, which was concurred in. Also, Mr. Blocher's bill [H. R. 323] fixing the amount of compensation for a funeral sermon (at $5 to $10), gravely considering a grave subject and gravely recommending that the bill be laid on the taole, which was concurred in. Also, Mr. Johnson's bill [H. R. 428] to allow the endowment of orphan asy- page: 228[View Page 228] lums, with amendments$25,000 capital and $100,000 in donations - recommending its passage. It was ordered to the engrossment.
Mr. Brett returned Mr. Givan's bill making an additional appropriation for the incurably insane, recommending that it be laid on the table. Also Mr. Miller's Soldiers' Home appropriation bill [H. R. 116], recommending that it be laid on the table, He also reported a recommendation for an appropriation of $16,000 for improvements of the Institution for the Education of the Blind, which reports were severally concurred in. He also returned the committee bill [H. R. 443] to provide for the publication of the allowances of county commissioners, recommending that it be laid on the table, which was concurred in.
REPORTS FROM THE COMMITTEE ON RAILROADS.
Mr. King returned Mr. Wynn's bill [H. R. 426] to authorize street railways to extend their lines beyond the city and town boundaries, and providing assessments, recommending that it be laid on the table; which was concurred in.
He also returned Mr. Cowgill's bill [H. R. 515] to legalize elections in certain cases, held by counties and townships, to authorize aid in the construction of railroads, recommending that it be laid on the table; which was concurred in.
He also returned Mr. Gifford's bill [H. R. 505] declaratory of the true intent and meaning of the act of Jan. 23, 1873, amending the act of May 12, 1869, to authorize aid to railroads by counties and townships taking stock therein [shall not apply to any railroad company in cases where the petition has been granted or the tax levied, or where money has been expended for the right of way, or where the whole line has been contracted for and the work thereon commenced,] recommending its passage. It was ordered to be engrossed; but, on motion of Mr. Miller, the vote was reconsidered, and the bill and report were laid on the table.
Mr. King also returned Mr. Gregory's bill [H. R. 524] to authorize railroads organized under the laws of this State to make contracts for the use of their trains by other roads, and to ratify bona fide contracts for such purposes, recommending its passage. Also Mr. Hardesty'sbill [H. R. 336] providing that railroads aid may be advanced under certain considerations, recommending that it be indefinitely postponed. He also returned Mr Branham's bill [H. R. 509] providing for the construction of private narrow gauge railways, recommending its passage. Also, Mr. Butts' bill [H. R. 400] supplimental to the act of May 12, 1869, to authorize aid in the the construction of railroads by counties and townships, recommending that the bill be laid on the table. Which reports were severally concurred in.
Mr. Ogden, from the Committee on Corporations returned Mr. Spellman's bill [H. R. 387] to amend section thirteen of the road act of May 12, 1852, recommending that it be laid on the table, which was concurred in.
Mr. Johnson, from the Committee on Public Expenditures, returned Mr. Strange's bill [H. R. 229] to provide for furnishing a copy of the statutes to each justice of the peace of the State, recommending that it be indefinitely postponed, which was concurred in.
Mr. Gifford, from a majority of the Committee on Cities and Towns, returned the bill [S. 254] to amend section 60 of the general city corporation act March 14, 1867, recommending its passage. And Mr. Miller submitted a minority report thereon, taking and holding that the bill [H. R. 71] to which this is ostensibly an amendment did rightly become a law by limitation in the hands of the Governor - and he recommends amendments accordingly - proposing also to amend the title by adding these words: "which took effect February 15, 1873;" signed, John D. Miller.
On motion of Mr. Baker, the motion was laid on the table.
Mr. Gifford also returned the bill [S. 73] to amend sections 15 and 16 of the act of June 11, 1852, for the incorporation of towns, etc., recommending that it be laid on the table.
On motion of Mr. Thompson, of Elkhart, the matter was referred to the Committee on Corporations.
Mr. Gifford also returned Mr. Tingley's bill [H. R. 385] to amend section 51 of the city corporations act of March 14, 1867, recommending that it be laid on the table, which was concurred in. He also returned Mr. Cauthorn's bill [H. R. 522] to amend section 17 of the city corporations act of March 14, 1867, recommending that it be indefinitely postponed.
On motion of Mr. Cauthorn, the report was laid on the table without action.
Mr. Wood, from the Committee on Dykes and Drains, returned Mr. Whiteworth's bill [H. R. 383] to enable the owners of overflowed farming lands to fence the same where it can not be done without affecting the rights of others, recommending that it be indefinitely postponed, which was concurred in.
Mr. Reeves, from the Committee on Roads, returned Mr. Butt's bill [H. R. 484] to authorize turnpike companies to adopt the act of May 12, 1852, and the amendments thereto, and to amend section 18 of the act to allow county commissioners to organize turnpike companies when three-fifths of those interested in the prescribed limits for assessments petition therefor, and to levy a tax for its construction, and to provide for making the same section, approved March 6, 1865, recommending its passage. It was ordered to be engrossed.
Mr. Prentiss, from the Committee on Roads, returned Mr. Brett's bill ]H. R. 457] to provide that the owners of land on each side of any township, county or individual boundary line, each to give one half the land for opening or changing such road, and for the removal of obstructions and for other purposes, with amendment adding to this effect: Provided further, That no highway shall be changed, unless there was a mistake in the location, and unless the change shall be for public utility. The amendment was adopted, and the bill was ordered to the engrossment.
NEW PROPOSITIONS.
Mr. King introduced a bill [H. R. 536] regulating the salaries of public officers; (annual salary of $2,500 to the Superintendent of the Hospital for the Insane, $2,000 for the Superintendent of the Blind Institution, and $2,000 for the Institution for the Deaf and Dumb.) It was referred to the Committee on Benevolent Institutions.
Mr. Branham introduced a bill [H. R. 537] to extend the time for the election of directors of railroad companies, and to prevent the dissolution of such companies as may have failed to make such elections under the act of May 11, 1852. It was referred to the Committee on Railroads.
Mr. Claypool introduced a bill [H. R. 538] to amend sections 25 and 28 of the act to divide the State into counties, defining the jurisdiction of those bordering on the Wabash river, approved June 11, 1852, and providing for adjusting the boundary line between the counties of Warren and Clinton. It was referred to a special committee of five, viz: Messrs. Claypool, Hollingsworth, Gronendyke, Durham and Odle.
Mr. Smith submitted an order, which was adopted, requesting the Committee on Insurance to report back to the House the Ways and Means Committee bill [H. R. 350] to organize insurance companies, etc., which has been referred to them, with what recommendations and amendments they may see proper to make.
Mr. Cauthorn submitted a preamble and resolution reciting the constitutional distribution of the powers of government, and the fact that a certain petition has been circulated and signed by members of the House of Representatives page: 229[View Page 229] and addressed to the Governor, to induce him to refuse to approve and sign the court bill [H. R. 399], which has become an enrolled act and transferred for his consideration, and resolving that such a petition on the part of members of the House of Representatives is an infringement on the prerogatives of the Executive and a breach of privilege of this House.
Messrs. Miller, Ogden and Offutt defended the right of petition in the case, and Mr. Cauthom and Mr. Shirley replied.
Mr. Offutt proposed to substitute for Mr. Cauthorn's resolution a proposition reciting that there is now pending a motion to reconsider the vote of the House by which Mr. Wilson's (of Ripley) enrolled act was passed the House; therefore resolving that the Senate be requested to return said enrolled act to this House, to the end that the same may be reconsidered and appropriate action had thereon.
Mr. Brett spoke against the Cauthorn resolution and in favor of the reconsideration of the bill.
Mr. Gregory and Mr. Cauthorn replied.
Mr. Smith proposed to amend Mr. Cauthorn's resolution by appropriately inserting the words: "Also petitions recommending the Governor to sign said bill."
Mr. Johnson considered the language of the Cauthorn resolution too severe.
The House then took a recess till two o'clock p. m.
AFTERNOON SESSION.
NOTRE DAME UNIVERSITY.
Mr. Henderson's bill [H. R. 195] to amend section one of the act to incorporate the University of Notre Dame du Lac, approved July 15, 1844, coming up on the final reading; which was explained and supported by Messrs. Henderson, Butterworth and Anderson, and Mr. Rumsey in opposition. The bill was finally passed the House of Representatives - yeas 58, nays 19.
Mr. Edwards of Vigo's bill, to amend the first section of the act to incorporate the Female Seminary of St. Mary's of the Woods in Vigo county, coining up on the third reading, Mr. Edwards, of Vigo, (Mr. Offutt in the chair) stated the necessity of the proposed amendment to this charter, and the bill was finally passed the House of Representatives - yeas 61, nays 15.
The bill [S. 10] to amend section 58 of tho city corporations act of March 14, 1867, and declaring an emergency, coming up on the third reading, Mr. Bowser explained and enforced its provisions. It proposes to bring all lots of land of over five acres into the cities, and assess them according to their value, for city taxes. It was finally passed the House of Representatives - yeas 88, nays 1.
The bill [S. 69] authorizing and empowering incorporated cities owning real estate to sell and convey the same as the Common Council may deem expedient, and declaring an emergency, was taken up on the third reading.
Mr. Bowser spoke of it as another bill in which the people of his city (Fort Wayne) were very much interested. The Judge of the Circuit Court appoints the appraisers of such property, and then it may be sold with the consent of the Common Council, but not for less than the appraised value. The bill was finally passed the House of Representatives - yeas 78, nays 0.
CORPORATION DRAINAGE - CHAPMAN BILL.
The Speaker took up the special order, to-wit: the consideration of the Chapman drainage bill [S. 88] to authorize and encourage the construction of dykes and drains, by incorporated companies, with the majority and the minority reports thereon, recommending divers amendments on both sides.
After debate by Messrs. Hatch, Butterworth and Heller for the majority, and Mr. Gregory for the minority report, both reports were laid on the table.
Mr. Offutt moved, ineffectually, to lay the bill on the table for the present.
Mr. Gifford moved, ineffectually, to refer it to the Committee on Temperance.
On motion of Mr. Smith the constitutional rule was suspended for the final consideration of the bill.
Mr. Hatch then submitted an amendment, by inserting in section 23 to this effect: But they shall not have power to order the payment of more than one installment until the construction of the railroad shall have been commenced nor to order the payment of either enstallment, unless it is necessary to the success of the work.
On motion of Mr. Thayer it was laid on the table.
On motion of Mr. Butterworth the bill was amended in section 13, line 4, by striking out one-third, and inserting in lieu "a majority"to petition for the drain.
Mr. Gregory submitted an amendment, that of the minority report, allowing of portions of dial-organized companies to reorganize, etc.
Mr. Hatch made an ineffectual motion to adjourn.
Mr. Anderson spoke in favor of the bill, and it finally passed the House of Representatives yeas 59, nays 21.
After sundry reports from the Committee on Claims, which were generally allowed as reported, excepting the reported allowance to Napoleon B. Taylor of $1,500, which was rejected - yeas 34, nays 44.
The House then adjourned till to-morrow morning at 8:30 o'clock
