HOUSE OF REPRESENTATIVES.
THURSDAY, March 6, 1873.The Senate amendments to Mr. Cowgill's bill [H. R. 144], to provide for the crossings of railroads, were taken up and concurred in. They require each company to keep in repair its own road for such convenient crossings.
The Senate amendments to the Special Printing Committee's bill [H. R. 536], to provide for the public printing and binding, were taken up; and, the Speaker being in doubt as to the presence of a quorum to do business, on motion of Mr. Woodard there was a call of the House, which determined seventy-nine present. So the subject was passed over.
The bill [S. 155] to provide for the reimbursement to certain counties therein named, of certain taxes illegally assessed and collected for the year 1869, and paid into the State Treasury, and declaring an emergencey, was taken up in order on the third reading.
Mr. McConnell submitted a motion to recommit the bill with instructions to include in its provisions the county of Adams, and a motion to lay it on the table was rejected,
Mr. Butterworth proposed to amend the motion by adding instructions to amend by refunding certain amounts to the counties of Elkhart, St. Joseph and Delaware, which was laid on the table: and then upon a demand of the yeas and nays, on Mr. McConnell's motion, he obtained leave to withdraw it.
After further debate by Mr. Offutt in favor of the bill and Mr. Butterworth in opposition, under the pressure of the previous question, demanded by Mr. Ogden, the bill was finally passed the House of Representatives - yeas, 53; nays, 39.
ASSESSMENT LAWS.
The Speaker took up the special order, viz: the consideration of the bill [S. 294], to amend the assessment act of December 2, 1872, with the reported amendment of the Committee on Ways and Means, viz: striking out section three, which Mr. Branham described as necessary in order to provide more stringent rules and regulations that will compel a more thorough collection of the delinquent taxes. It is gross injustice that two-thirds of the taxpayers have to carry on the State government. The county of Wayne is delinquent about $90,000.
Mr. Walker. Will the gentleman please read on in his list of the delinquents?
Mr. Branham. Jefferson county is delinquent $30,000. Here is a complete list of them. I instanced Wayne, because she is one of the wealthiest of the counties, and full of about as honest people as there are in the State. [Laughter.] The amendment was adopted.
Mr. Mellett proposed ineffectually to amend by a provision changing the price per description for the advertisement of the delinquent list, to 50 cents instead of 30 cents ; and then after debate by Mr. Branham and Mellett, under pressure of the previous question demanded by Mr. Kimball, the bill, as amended, was finally passed tho House of Representatives - yeas 87, nays 3.
On motion of Mr. Branham his bill [H. R. 508] to make further provision for the Insane of the State, was taken up - the question being on the third reading. The bill was passed by the House. Year 79. Nays 9.
DEAF AND DUMB GROUNDS.
Mr. Brett, from the Committee on Benevolent Institutions, returned the bill [S. 198] (to sell part of the Deaf and Dumb Asylum grounds, to raise money for the Insane Asylum) with an amendment striking out all that relates to the organization, - sections 1, 2 and 3 - and further amended by striking out the words: "trustees of the Institution for the education of the Deaf and Dumb," and writing: "Governor, Auditor and Treasurer of State," and the committee recommend that the land referred to be not sold. The report was concurred in.
The bill [S. 305] to incorporate the trustees selected by any religious society, etc., was taken up on the first reading; and on motion of Mr. Baxter (the constitutional restriction having been dispensed with for the purpose) it was advanced and finally passed the House of Representatives - yeas, 84; nays, 1.
The bill [S. 219] to provide for the construction and maintainance of fish ladders and to provide for the maintenance of the same, was taken up, read, and referred to the Committee on Agriculture.
The bill [S. 48] to amend sections 1, 7 and 8, of the act of March 11, 1867, (and May 4, 1869) to establish a Soldiers' and Seamen's Home, was page: 245[View Page 245] taken up. The question being on the third reading. - Mr. Tingley and Mr. Mellett stated that the chief object of the bill is to change the style of the "Indiana Soldiers' and Seamen's Home" to "The Soldiers' and Seamen's Orphans' Home," etc. The bill was finally passed the House of Representatives - yeas 84, nays 0.
Mr. Woodard, from the Committee on Fees and Salaries, returned the bill [S. 289] with an Amendment, adding section 2: "There shall be allowed to each of the Judges of the Civil Circuit Courts $3,500 annually, to be paid in the same manner and out of the same fund as the Judges of the Supreme Court; to the Judges of the Superior Court, $3,500 annually, to be paid out of the State and County Treasuries, in the same proportion as now provided by law; to the Judges of the Criminal Circuit Court, $2,000 annually, to be paid by the counties in which the same are established." And on his motion the matter was postponed and made the special order (together with the bill [S. 107]) for two o'clock P. M.
The bill [S. 278] to amend section fifty-three of the city corporation act was read the first time. It provisions were explained by Mr. Teeter, and, on his motion (the constitutional restriction being suspended for the purpose), the bill was advanced, and finally passed the House of Representatives - yeas 78, nays 4.
On motion of Mr. King, Mr. Gregory's railroad bill [H. R. 524] was made the special order for two o'clock P. M.
The House then took a recess.
AFTERNOON SESSION.
The Speaker took up the special order, viz.: Mr. Gregory's bill [H. R. 524] to authorize railroad companies organized under laws of this State to make contracts for the use of their tracks, etc., by other companies, and confirming and ratifying such bona fide contracts heretofore made, was taken up on the third reading.The bill was finally passed the House of Representatives - yeas 51, nays 50.
DIVORCE.
The Speaker took up the special order, viz: the consideration of the bill [S. 117] (identical, nearly, with Mr. Woollen's divorce bill.) regulating tho granting of divorces, nullifications of marriage, and decrees and orders of courts incident thereto, and repealing ail laws conflicting on this act and declaring an emergency.
On motion of Mr. Woollen, (there being a suspension of the restrictions for that purpose,) the bill was advanced to the third reading.
Mr. Wilson, of Ripley, moved that the bill be indefinitely postponed. Mr. Woolen, admitting that there are considerations that might justify tho motion, still preferred the passage of the bill. The motion to postpone was rejected - yeas 25, nays 66and the question recurred on the final passage.
Mr. Woollen asked unanimous consent to amend in section 22, "and all such decrees for alimony shall be decreed without valuation and appraisement laws."
Mr. Wilson of Ripley, and others, objected - as opposed to the passage of the bill.
Mr. Clark caused a petition to be read for repeal of all cause of divorce except adultery.
The final vote was then taken, resulting, yeas 69, nays 23. So the bill passed the House of Representatives.
COMPENSATION OF THE JUDGES.
The Speaker took up the special order, viz: the consideration of the bill [S. 289] to fix the salaries of the Judges of the Supreme Court of this State - ($4,000) - and the amendments reported by the Committee on Fees and Salaries, viz: Civil Circuit Judges, $3,500 Superior Court Judges, $3,500: Criminal Circuit Judges, $2,000.
On motion of Mr. Hardesty, the reported amendments were laid on the table - yeas, 47; nays, 41.
Mr. Butterworth moved to reconsider the vote.
Mr. Givan moved to lay the motion to reconsider on the table, which was agreed to - yeas, 67; nays, 46 - and the question recurred on the bill.
Mr. Shirley proposed to amend by adding a section: "That the salaries of the Judges of the Circuit Courts of the State shall be $3,000 a year annually, to be paid out of any moneys appropriated for that purpose," which he enforced in a speech during the allotted five minutes.
Mr. Lenfesty proposed to amend the amendment by striking out "3,000" and inserting "2,000" in lieu.
Mr. Goudie moved to lay the whole subject on the table, which was rejected - yeas 29, nays 62 and the question recurred on the amendment.
The Speaker. There are two propositions one for $3 000, the other for $2,000. The first question is on the largest amount, the amendment of the gentleman from Morgan and Johnson.
The amendment was adoptedyeas 48, nays 45.
Mr. Heller proposed, ineffectually, to amend by making the salary of the Supreme Court Judges $5,000.
On motion of Mr. King, there was added a section giving the Superior Court Judges $3,000 payable in the same proportion in the same manner as now provided by committee: which was adopted.
Mr. Johnson proposed a section to pay the Criminal Circuit Court Judges in a city of 40,000 inhabitants and over, $2,500, payable quarterly out of their respective counties.
Mr. Walker proposed an amendment, striking out the provision with reference to Criminal Court Judges, and inserting Mr. Johnson's proposition in the form of a proviso, which was adopted.
Mr. Shirley proposed, ineffectually, to make the salary of the Supreme Court Judges $4,500.
On motion of Mr. Woollen (under a suspension, of the restrictions), the bill was advanced, considered as engrossed, and finally passed the House of Representatives - yeas 53, nays 38 - with an amendment of title, by inserting after the word "supreme" these words: "Circuit, Superior, and Criminal Circuit," and striking out the emergency clause - proposed by Mr. Johnson.
LYE CREEK DRAINING ASSOCIATION.
On motion of Mr. Durham, the bill [S. 300] for the relief of the Lye Creek Association, (authorizing the county commissioners to make up the deficit of the assessment to cover the actual cost of the company incurred in making said ditch, on petition, etc.,) was taken up and read the first time, and, on his further motion, (there being a suspension for the purpose,) the bill was advanced and finally passed the House of Representatives - yeas, 78; nays, 3.
The Senate amendments to Mr. Kimball's Ways and Means Committee bill [H. R. 504] to supplement the assessment act of December 21, 1872, changing the tax payments to one-half on or before the first Monday in April, and one-half on or before the 15th of November, etc., but not to take effect this year - also providing for taxing foreign railroad companies - were taken up and concurred in. Also the Senate amendment (clerical) to the bill No. 411.
Mr. Richardson submitted a resolution for an order to allow $50 to each member of the Prison Committee for visiting the prisons at Michigan City and Jeffersonville, which was amended so as to make it $30, and so it was adopted.
Mr. Brett submitted a resolution, which was adopted, requiring the principal clerk of the House of Representatives, after the adjournment of the session, to prepare a calendar of all the bills of the House (to be used in case the Governor should call a special session), and that he file the same with the Secretary of State, with all page: 246[View Page 246]the bills, etc., properly classified, and take his receipts for the same.
Mr. Satterwhite submitted a resolution, which was adopted, making the Governor, Auditor, Treasurer and Secretary of State, custodians and caretakers of the public buildings and grounds, setting forth their duties in the premises.
The Senate amendment to Mr. Riggs' saving banks bill [H. R. 198] was taken up and concurred in.
The Senate amendments to the House amendments to the bill [S. 88] to authorize the construction of levees, dykes, drains and ditches, and the reclamation of wet and overflowed lands by incorporated associations, and providing for the organization of such associations, and prescribing their powers, and providing for the assessment of the cost of such improvements, and the expenses attending the same upon the lands benefitted thereby, and for the collection of such assessment, were taken up, read and concurred in.
The Speaker next took up from its place in the calendar the bill [S, 250] to prescribe further duties of the Secretary of State - dividing his office into four bureaus - public affairs, printing and stationery, corporations, and statistics, and providing that the clerical compensation in his office shall not exceed $1,200; which was read, referred, and made the special order for to-morrow.
The bill [S. 273] in relation to the construction of railroads and legalizing certain actions, declaring the true intent and meaning of the act of January 1873, amendatory of the act of May 9, 1869, was taken up, and on motion of Mr. Willard referred to the Judiciary Committee.
On motion of Mr. Woollen, the bill [S. 293] supplemental to the act providing for the election and fixing the compensation of the Attorney General, approved February 21, 1855, etc., was taken up and under adespensation of the rule, it was read twice by title and referred to the Committee on the Judiciary.
Mr. Smith, from the Committee on the State Library, returned the Senate concurrent resolution directing the State Librarian, when purchasing books therefor, to procure a full set of the English and American Herd Books, provided the same can be bought for $250, recommending its adoption on the part of the House of Representatives. The report was concurred in.
The House then adjourned.
