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.
