HOUSE OF REPRESENTATIVES.
MORNING SESSION.
WEDNESDAY, March 5, 1873.REVENUE.
On motion of Mr. Kimball, the committee bill [H. R. 530] to raise revenue for State purposes for the years 1873 and 1874 (fifteen cents on the $100 and fifty cents poll) was taken up, the question being on the third reading. A call of the House, demanded by Mr. Cauthorn, determined seventy-nine members present. The bill was finally passed the House of Representatives - yeas 63, nays 27. The Speaker. The question raised yesterday was in regard to a motion to reconsider the vote passing the Senate Court bill, No. 238, which was passed by the House, with amendments. The motion to reconsider was made in time. The usual course in such cases is to send a message to that body requesting the return of the bill; and upon the general rule it is not competent to proceed upon any paper till it is in the possession of the House. Mr. Cauthorn and Mr. Gregory appealed in writing from the decision of the chair to the judgment of the House. After debate by Messrs. Walker, Cauthorn and Ogden, the decision of the chair was sustained by the House page: 239[View Page 239] yeas, 49; nays, 41. Mr. Woollen moved to lay the motion to reconsider on the table. Mr. Cauthorn seconded the motion. Mr. Ogden appealed warmly against the motion, denouncing the course of the friends of the bill. Mr. Cauthorn insisted on the motion and adhered to his second. Mr. Ogden directed a personal denunciation against Mr. C., as the veriest pug amongst them; whereupon Mr. C. made a demonstration with a pamphlet over the benches, and many members near interposed and prevented a collision. Mr. Kimball moved ineffectually for a recess of one hour, to let the blood have its course of regulation; yeas 7, nays 83. The question recurring on the motion of Mr. Woollen to lay the motion to reconsider the court bill, [S. 238] on the table, it was decided in the affirmative, yeas 57, nays 35.Mr. Ramsey submitted the following:
Resolved, That it is the duty of every member of the House to sustain the Speaker in maintaining the order and dignity of this House, and that it is the sense of this House that Representatives are recreant to duty, who persist in a course calculated to delay business.
But objection being made, he immediately withdrew it.
Mr. Baker submitted a motion to reconsider the vote of the House by which the railroad bill [S. 115] was passed the House with amendments, which, on motion of Mr. Offutt, was laid on the table - yeas 57, nays 30.
FEES AND SALARIES.
The Speaker announced the special order, viz: the consideration of the bill [S. 292[ to regulate fees and salaries and providing penalties for violations of the act, respecting certain acts therein named, and prescribing the duties of certain State, county and township officers, and matters and things properly connected therewith, etc. The question being on the second reading, Mr. Shirley proposed to amend the second section: "and it shall be the further duty of the clerk of the Supreme Court to keep a cash book, in which he shall note the docket fees specifically, with particular mention of each case before the court, which shall be kept for inspection. On motion of Mr. Wilson of Ripley, it was laid on the table. Mr. Lenfesty proposed to amend section 4, in regard to the fees for entering satisfaction, etc., which was laid on the table. Mr. Thayer proposed to amend section 4: "When the same contains over five hundred words, en cents on each 100 words," which was laid on the table. Mr. Edwards, of Lawrence, proposed an amendment to amend section five, giving the county treasurer five per cent on the first $25,000, instead of $20,000; also giving him constable's fees in certain cases, and paying him for coming to Indianapolis to make his annual report, (for the benefit of treasurers of the smaller counties. It was adopted. Mr. Clark proposed to amend) section seven by adding a provision allowing the Auditor the regular fees for certificates for private corporations. Mr. Thayer proposed to strike out three cents and $3, and insert five cents and $5, which were severally laid on the table. On motion of Mr. Givan the section was amended by striking out "official," so as to leave it - for taking and approving all bonds. Mr. Thayer proposed - as to the sheriff fees$5 instead of $3. Mr. Lenfesty proposed to amend section 8: for holding court, $3 per day - serving notice on viewers of highways, 25 cents and millage; which were laid on the table. Mr. Wesner proposed to amend section 8,striking out and inserting: selling property on execution, a commission of 5 per cent on the first $300; 2 per cent on all sums in excess of that; rejected. Mr. Thayer proposed to amend section 8: striking out 60 cents, and inserting 75 cents a day for boarding prisoners; rejected. Mr. Shirley proposed to amend section 8: provided that the plaintiff in any action may procure the necessary notice or publication, paying printer and charging it in the costs; rejected. On motion of Mr. Givan, section twenty-seven was amended by adding a provision that in every county where the fees of the Auditor, or Clerk, or Sheriff shall not exceed $1,000 a year, it shall be lawful for the county commissioners to make each or either of such officers an annual allowance of $300. Mr. Shirley proposed to add section 43: Every public officer, State county, township, city, or town, having the custody of any public trust or moneys, funds, bonds, or obligations, shall be liable for all interest he may receive for deposit or use thereof, to the same extent he is liable for the principal, of which he shall report under oath, penalty not exceeding $500 and imprisonment ninety days. On motion of Mr. Hatch, Mr. Givan's amendment to section 27 was reconsidered and laid on the table. Mr. Offutt moved ineffectually to make the fee for approving in let-letters of guardianship and administration, by striking out "two" and inserting "three"dollars Mr. Butts moved, ineffectually, to amend section 12 by striking out "July" and inserting "January," Mr. Woodard submitted a resolution to reconsider tne vote adopting Mr. Shirley's section 43. and a motion to lay the same on the table was rejected - yeas 26, nays 60and the question recurred on the motion to reconsider. Mr. Walker showed that the section, however correct in the abstract, is out of place, and would be fatal to this bill, and the vote was then reconsidered. On motion of Mr. Mellett, the section was then laid on the table - yeas 63, nays 24. Mr. Thayer proposed, ineffectually, to amend section 6 by striking out the words "receipts for road taxes and assessor's returns.'Mr. Reed moved ineffectually to amend sec. 4, inserting, "and for every such certificate issued to any person who has paid railroad tax, ten cents to be paid by the applicant." Mr. Wynn demanded the previous question, and there was a second and the main question: shall the bill be read the third time now? was decided in the affirmative. The bill was then read the third time and finally passed the House of Representatives; yeas 82; nays 7.
PERSONAL.
Mr. Cauthorn said: Mr. Speaker, I was this morning guilty of a gross breech of privilege, which I rise simply to confess. I have no apology or excuse to offer to the House, except that I was excited; and I hope the House will forget and forgive it.
Mr. Ogden. Mr. Speaker: It is due to myself and the house that should apologize for unparliamentary words, in the excitement of the moment; and I beg of the house in the terms of the gentleman from Knox, to forget and forgive it.
Mr. Schmuck moved for an order, that gentlemen shake hands over the bloody chasm.The House took recess till 2 o'clock P.M.
AFTERNOON SESSION.
The engrossed Senate amendments to Mr. Furnas' Hunting and Shooting bill [H. R. 8], to Mr. Blocher's bill [H. R. 355] authorizing the Auditor of Scott county to correct the report of the Superintendent of Public Instruction in regard to the school fund - so as to include in its provisions the Auditor of the County of Wayne; to Mr. North's bill [H. R. 158] to amend Sec. 3 of the act of March 11,1867, to authorize cities and towns to sell lands and tax for school purposes: to Mr. Mellett's bill [A. R. 87] to amend the school law: to Mr. Mellett's bill [H. R. 55] to amend the common school law and adding supplemental sections; and the Senate concurrent in, authorizing the Librarian to furnish each member and officer of the General Assembly with a set of the volumes of the Report of Adju- page: 240[View Page 240] tant General, were severally taken up and concurred in.
CLAIMS.
Mr. Riggs, from the Joint Committee on Claims, returned the claims of A. J. Mahlon and D. M. Dryden & Co., which were not allowed, and the claims of Eberson & Jenkins, $45; W. J. Woollen, $1240; and the claim of the Indianapolis Gaslight and Coke Company, $132, which were allowed. Mr. Cobb returned the claim of Samuel H. Parent without recommendation, which was allowed ; also the claim of Edwin May for architectural services on the Northern prison, $5,000, without recommendation. On motion of Mr. Butterworth, it was laid on the table.
Mr. Shutt returned the claim of Anthony Davis, janitor, $40allowed. Also the claim of Patrick Shannon, for services and office rent as Agent of State, $5,000, recommending that it be not allowed. Mr. Kimball proposed to reduce the claim to $2,500; which was laid on the table. The question recurring on the concurring in the report of the committee, that the claim be not allowed, it was decided in the affirmative - yeas, 51; nays, 27. Mr. Lenfesty returned the claim of the Indianapolis Sentinel Company, for papers furnished the General Assembly, without order, $260, without recommendation; which was laid on the table. Also the claim of the Indianapolis Journal Company for papers furnished the General Assembly in the same way, $159, without recommendation, which was also laid on the table. Also the claim of Lester L. Norton, for sixty days services as Judiciary Committee Janitor, also without recommendation. After debate by Messrs. Woollen, Walker, Kimball, Smith, Peed and others, Mr. Brett proposed to make the allowance $3 a day. Mr. Mellett proposed a gross allowance of $100. Mr. Peed moved to lay the whole matter on the table, which was decided in the negative - yeas 21, nays 61and the question recurred on Mr. Mellett's motion, which was agreed to. On motion of Mr. Branham, the claim of John Maloney, janitor, for $67 50, was taken up and allowed. Mr. King moved to reconsider the vote by which the House disallowed the claim of N. B. Taylor for legal services rendered in a contract with the State$1,500. Mr. Walker moved that the motion to reconsider lay on the table - yeas 46, nays 41and then Mr. King obtained leave to withdraw the claim. Mr. Brett, from the Committee on Public Buildings, reported a recommendation for'an appropriation of $1,500, to be expended under the direction of the Secretary of State, for the protection of the outer walls of the Capitol building, which was concurred in.
APPROPRIATSONS.
Mr. Kimball, from the Committee on Ways and Means, returned the specific bill with amendments, which were adopted. On motion by Mr. Brett, the bill was further amended by adding the foregoing appropriation of $1,500 for repairs of the outer walls of the State House, to be expended under the supervision of the Secretary of the State. There being some irregularity in these proceedings, the bill was subsequently read again, and on motion of Mr. Brett, it was amended by adding a provision, that the Auditor, Secretary and Treasurer shall be allowed to draw on these appropriations for contingencies only, upon vouchers filed with the Auditor of State, which vouchers shall show that the money has been earned in the service of the State, which was adopted by unanimous consent, and then the bill was finally passed the House; yeas 66, nays 19. The bill as amended was then read the third time by the Clerk. Mr. Cauthorn obtained leave to withdraw the claim of Patrick Shannon. The specific bill [H. R. 535] as amended was then finally passed the House of Representatives by yeas 60, nays 29. Mr. Kimball, from the Committee on Ways and Means, returned the general appropriation bill [H. R. 531] with amendments, under the order of the House, and as proposed to be amended, recommending its passage. It was finally passed the House of Representatives by yeas 64, nays 24.
Mr. Branham from the Committee on Ways and Means, returned the bill [S. 294] with ail amendment striking out, the third section, and so amended, recommending its passage; and on his further motion, the matter was made the special order for to-morrow.
GRAND JURIES.
The Speaker took up the special order, viz., the consideration of Mr. Woolen's bill, [H. R. 503] regulating the convening and adjournment or grand juries, (at the discretion of the judges, provided that there shall be at least one grand jury convened in each county once a year) the question being on the third reading. Mr. Ogden proposed to amend by requiring the judge to convene a grand jury not less than twice in each year. Mr. Woollen showed that the objection to the bill was obviated by the next bill - Mr. Shirley's bill, [H.R. 476]requiring the prosecutors to prosecute before a justice of the peace on affidavit and information of the Prosecuting Attorney. Mr. Shirley and Mr. Mellett also opposed the amendment, and Mr. Ogden and Mr. Offutt supported it. Mr. Walker also opposed the amendment and supported the bill - the argument taking that direction. The Speaker decided that the object of the motion to amend could be attained at this stage of the bill only by recommitment with instructions to amend. Mr. Ogden modified his motion accordingly, and proceeded to address the House against the passage of the bill - as giving unsafe powers to the Judiciary on the plea of economy. On motion of Mr. Tulley, the motion to reconsider was laid on the table - yeas 64, nays 25. Mr. Gronendyke moved ineffectually to amend by striking out and providing that the grand jury shall not be convened more than four times in each year, and that the grand jury shall not sit more than ten days at each term of the court. The bill was then finally passed the House of Representatives - yeas 69, nays 1
PROSECUTIONS BY AFFIDAVIT,
The Speaker took up the special order, viz.: the consideration of Mr. Shirley's bill [H. R. 476] relating to prosecutions by affidavit and information, the question being on the third reading. The bill finally passed the House of Representatives - yeas 63, nays 13.
PROFESSIONAL JURORS.
The bill [S. 106] to prescribe the qualifications of petit jurors in the several courts of this State, came up in order on the third reading. (It is to suppress professional jurors.) It was finally passed the House of Representatives - yeas 72, nays 9. Mr. Woollen's bill [H. R. 256] to regulate the order of business in the Circuit and Common Pleas Courts of the State, to authorize the judges to make orders for forming issues, and to regulate the order of probate, civil and criminal business, was taken up in order on the third reading. Mr. Gronendyke desired to strike out "Common Pleas," and insert "Justices of the Peace" in lieu: but withdrew the motion to recommit for that purpose. The bill was then finally passed the House of Representatives - yeas 77, nays 3with an amendment of title proposed by Mr. Woollen, so as to read: "A bill in relation to the order of business in the Circuit Courts, and giving the judges power to empanel special juries." Mr. Kimball submitted a resolution that three copies of the acts and journals of the House of the special and regular session of this General Assembly, be bound in library style for the use of each member and officer of the House of Repre- page: 241[View Page 241] sentatives. Mr. Mellett proposed to amend by inserting appropriately these words: "and one copy of the Brevier Reports."
Mr. Ogden said: Mr. Speaker, It becomes my sad and painful duty to announce the death of William T. Lockhart, the doorkeeper of this House. He died last night of that terrible malady, small-pox, in one of the hospitals of this city. Among the many things worthy of mention at this time, is the unanimity with which Mr. Lockhart was nominated for doorkeeper at the last Session of the General Assembly by the Republican members of this House; and the fact that the same high compliment was repeated by his re-election at the commencement of the present session. I presume there is not a member of the House who has not been impressed with the kindly and generous spirit of this young man as he went about performing his duties here. Mr. Lockhart, was a resident of my county-born there I believe. I have not been intimately acquainted with him for the last few years, as he was temporarily a resident of this city, attending the university here as a student, where he would have completed his course of study next year.
Mr. Speaker: There was another time, in other years when I was personally and intimately acquainted with this noble young man. It was in those trying days when the tocsin of war sounded through the land rallying her sons to battle - when a wall of living hearts sprang up around the imperiled flag at the nations summons, as the walls of Thebes sprang up at the sound of the lyre of Amphion - and in that living wall was found the warm, gallant heart of William T. Lockhart. We belonged to the same regiment and company. He was a mere lad then, but he performed his duties like a manlike the hero that he was: and when fear blanched the cheek of the bravest in the tempest of battle William T. Lockhart always stood fearless at the post of duty.
In one of the terrible battles in the wilderness his arm was shattered by a rebel bullet and the knife of the amputator became necessary to save his life. Be was discharged and returned home friendless and penniless to fight the great battle of life with one arm, where others had two, but he fought it manfully and cheerfully. I have said that he would have completed his course at the university next year. I also understand that he was a student of theology. I know that he was a Christian. His service of the Master was no mere lip service; neither could any say that he "sought the chief seats in the synagogue or made long prayers on the corners of the streets to be heard of men." Had he lived to maturer years I have no doubt his life would have been a benefit and a blessing to humanity. His tongue might not have been touched with the burning coal from the altar of oratory; but he would have been no "tinkling brass and sounding Cymbal," for he had the living fire of a generous, upright heart that scatters its benefactions on all who approach it. He lived a pure and blameless life, obeying ever the injunction of the greatest of our bards, who said:
- "So live that when thy summons comes to join
- The innumerable caravans that moves
- To that mysterious realm where each shall take
- His abode in the silent halls of death,
- Thou go not like the quarry slave scourged
- To his dungeon; but sustained and soothed by an
- Unfaltering trust approach thy grave like one,
- Who wraps the drapery of his couch about him
- And lies down to pleasant dreams."
So he lived and so he died. In conclusion I beg leave to offer the following:
Resolved, That the condolence of the House of Representatives be extended to the relations of the deceased, and that a copy of these resolutions be transmitted to them by the clerk, and that the same be spread upon the journals.
Mr. Furnas proposed the following, which was adopted by unanimous consent:
Resolved, That the acting doorkeeper be instructed to procure a metalic coffin in which to inter the remains of the late Wm. I. Lockhart. The resolutions submitted by Mr. Ogden were then adopted by the rising vote.
The Speaker thereupon adjourned the till to-morrow morning at 9 o'clock.16 >
