HOUSE OF REPRESENTATIVES.
WEDNESDAY, June 15, 1873The Speaker took up the unfinished business of yesterday, viz: the consideration of the Senate concurrent resolution for printing 10,000 copies of Governor Baker's biennial Message and the accompanying documents - the House hav- page: 44[View Page 44]ing adopted an amendment requiring that the 5,000 copies thereof heretofore ordered by the House of Representatives be included in said 10,000 copies.
On motion of Mr. Shirley, said resolution was amended by striking out the words "accompanying documents."
On motion of Mr. Baxter, the vote of yesterday, to include the 5,000 copies heretofore ordered by the House of Representatives was reconsidered.
On motion of Mr. Butterworth, the matter was referred to the Committee on Printing, with instructions to report amendments so as to make the whole number of copies 5,000.
NEW PROPOSITIONS.
The Speaker pursued the call of the counties and districts for new propositions.
Mr. Martin introduced a bill [H. R. 295] to amend the act to prevent emigration from one State to another, or from one county, township, precinct, ward or district to another in this State for the purpose of carrying any election therein approved March 6, 1852, and to amend other election statutes, etc. (Fine $50 to $1,000, imprisonment not exceeding three years, and disfranchisement four years.) It was referred to the Committee on Elections.
Mr. Brett presented the claim of Napoleon for legal services. It was referred to the Committee on Claims.
Mr. Givan introduced a bill [H. R. 296] supplemental to the act to provide for the care and treatment of the incurably insane, approved December 28, 1865. It proposes $40,000 for the erection of a suitable building for this purpose in connection with the Hospital for the Insane. It was referred to the Committee on the Benevolent Institutions.
Mr. Miller introduced a bill [H. R. 297] supplemental to the act of March 12, 1869, to authorize railroad aid by counties and townships. [No tax for such purpose till the road has been permanently located - and where it has been assessed it may be suspended or annulled on road failing.]
It was referred to the Committee on Railroads.
Mr. Thompson of Elkhart, introduced a bill [H. R. 298] to limit the time to which actions may be commenced for the recovery of real estate sold for the non-payment of taxes. [After five years - and five years after the legal majority of the infant.]
Mr. Scott and Mr. Rumsey presented petitions for temperance; and the latter submitted a resolution, which was adopted, reciting that it is the voice of this House that we ought to respond to the popular urgency for a good temperance law, and, therefore, the Committee on Temperance should make a report on that subject to the House of Representatives.
Mr. Branham introduced a bill [H. R. 299.] to allow bounties for red fox scalps, providing for the payment thereof and prescribing the duty of county clerks in connection therewith. (A county commissioner's bounty of $1 25.) It was referred to the Committee and Township Business.
Also, a bill [H. R. 300] supplemental to the act of May 12, 1865, to authorize county and township railroad aid, to repeal so much of said act as confers this power on counties; to amend sundry sections thereof and repeal section fifteen. (It limits the tax to two per cent, on the taxables and Commissioners may suspend the collection of a tax till a railroad shall have expended an equal amount in construction.) It was referred to the Committee on Railroads.
Mr. Woollen introduced a bill [H. R. 301] to change the time of holding Circuit Court in Bartholomew county at its summer term. (Shall begin in the first Monday in June in each year.) Also a bill [H. R. 302] fixing the time of holding the Common Pleas Court in the county of Bartholomew. (First Mondays of April and September and first Monday of November.)
Mr. Thayer introduced a bill [H. R. 308] to amend sections two and six of the act providing for a geological and mineralogical cabinet, etc., approved March 5, 1860. (It proposes an annual compensation of $3,600 for the State Geologist, payable quarterly, and his necessary traveling expenses, incurred while prosecuting the field work, and the expenses incurred for his chemical apparatus, and $10,000 annually appropriated and placed in the charge of the State Board of Agriculture, to be disbursed as therein provided.) Referred to the Committee on Manufactures and Commerce.
Mr. Wood introduced a bill [H. R. 304] organizing the Ninth Judicial Circuit, and fixing the time of holding courts therein. [It includes the counties of Lake, Porter, Laporte, St. Joseph and Marshall.] On motion of Mr. Henderson, it was referred to a select committee of members from that district, viz: Messrs. Henderson, Richardson, and Wood.
Mr. Kimball introduced a bill [H. R. 305] in relation to sale of appraised property on execution, and declaring an emergency. Also, a bill [H. R. 306] to regulate the recording of instruments, declaring the legal effect thereof - repealing, and declaring an emergency. [It directs the Recorder to keep an index of records with seven columns, and provides that entries therein made shall be taken as presumption of the correctness of the record - making radical changes with regard to records. It was ordered to be printed.
Mr. Lent and Mr. Hatch presented petitions for the completion of the Woman's Reformatory.
Mr. Whitworth introduced a bill [H. R. 308] requiring the clerks of the circuits and common pleas courts to make certain records in their courts where the same have not been done. (To make a double index of all records - twenty-five cents for each case.) It was referred to the Committee on County and Township Business.
Also a bill [H. R. 309] to prevent the forfeiture by certain railroad companies of county aid which has been voted to them for certain purposes. It was referred to the Committee on Railroads.
Mr. Ogden introduced a bill [H. R. 310] fixing the time of holding courts in the twelfth Common Pleas district (the counties of Marion and Hendricks); also a bill [H. R. 311) fixing the time of holding courts in the fifth Judicial Circuit (Hendricks and Marion). These bills were referred to the Committee on the Organization of Courts of Justice.
Mr. Tingley, Mr. Hollinsworth and Mr. Butts presented petitions for temperance. Mr. Butts said the Committee on Temperance have used great care in the examination and preparation of a temperance bill, which will soon be introduced.
Mr. Hollingsworth introduced a bill [H. R. 312] to prescribe official oaths or affirmations for public officers. (They shall take an oath to support the Constitution of the United States and of this State, and that they will not, during their continuance in office, use intoxicating liquors as a beverage - a violation of this works forfeiture of the office.) It was referred to the Committee on Temperance.
Mr. Cowgill presented petitions for the completion of the Reformatory.
Mr. Dial introduced a bill [H. R. 313] defining what counties shall constitute the Fifth Judicial District(Posey, Vanderburg, Spencer, Perry and Crawford - the same promised the other day by Mr. Peed.)
Mr. Tully introduced a bill [H. R. 314] to prevent the negligent and careless riding or driving of any animal on the public highways(fine $5 to $200.) It was referred to the Committee on Rights and Privileges of the Inhabitants of the State.
The Speaker laid before the House the message from the Senate for printing 10,000 copies os the inaugural addresses of the Governor and Lieutenant Governor, 2,000 in German, 4,000 copies for the use of the Governors, and the remainder for use of the General Assembly.
page: 45[View Page 45]On motion of Mr. Butterworth, it was referred to the Committee on Printing.
NEWSPAPERS FOR THE GENERAL ASSEMBLY
The Speaker laid before the House the message from the Senate announcing the refusal of that body to concur in the current resolution of the House of Representatives, declaring that the House will not vote for an appropriation to pay for newspapers for the General Assembly. Thereupon debate arose in which Messrs. Wilson of Ripley, Cobb, Shirley, Offutt, Buskirk, Henderson, Walker, Heller, Kirkpatrick, and Thayer participated.
Mr. Woolen. I desire to offer a supplemental bill to the per diem act for the present consideration of the House; and there being no objection he introduced a bill [H. R. 315] for an act supplemental to an act fixing the per diem, of members of the General Assembly, and providing that no additional perquisites shall be allowed. He said the object is to provide by law that no allowance shall be made to members of the General Assembly for newspapers, but that the per diem now allowed by law shall be in full for their compensation. He would also suggest an amendment specially stating that no appropriation for newspapers or stamps furnished members of the General Assembly shall be allowed. I will now ask that the whole subject be referred to a special committee of three.
It was so ordered by unanimous consent; and the Speaker makes the committee to consist of Messrs. Woolen, Wilson of Ripley, and Wood.
WOMAN SUFFRAGE.
The Speaker took up the messages from the Senate proposing to meet the House in joint convention on Thursday, at half-past two o'clock P. M., to hear the memorial and addresses from the Indiana Woman Suffrage Association.
Mr. Satterwhite proposed to concur with an amendment making it Friday. The motion was agreed to.
Mr. Billingsley, from the Committee on Printing, returned the Senate concurrent resolution for printing 10,000 copies of the Governor's biennial message, with an amendment reducing the number of copies to 5,000. He also returned the Senate concurrent resolution for printing 10,000 copies of the inaugural addresses of Goy. Hendricks and Lieut. Gov. Sexton, reducing the number to 13,000, and striking out the words "accompanying documents" from the first report. These reports were concurred in.
Mr. Satterwhite, from the joint Special Committee, thereon reported the appointment of Friday, half past two o'clock P. M., to hear the memorial and address from the Woman Suffrage Association. The report was concurred in.
On motion of Mr. Wilson, of Ripley, his practice and amendment bill [H. R. 179] was taken up and referred to the Committee on the Judiciary.
On motion of Mr. Cobb, his cities and towns bill, [H. R. 201] was taken up and referred to the Committee on Cities and Towns.
Mr. Heller's Constitutional Convention bill [H. R. 236] was referred to the Committee on the Judiciary.
Mr. Mellett's school bill [H. R. 261] was ordered to the engrossment.
Mr. Mellett's bill [H. R. 225] to amend section two of the game law of March, 1867, to protect certain birds on their eggs, was ordered to the engrossment.
Mr. Cobb's bill [H. R. 217] to amend the sixth section of the act of May 12, 1872, concerning promissory notes coming up. Mr. Shirley made an ineffectual motion to refer it to the Committee on the Judiciary. Pending the consideration of this bill the House took a recess until two o'clock P.M.
AFTERNOON SESSION.
BIENNIAL MESSAGE.
The Speaker announced the special order, viz.: The consideration of the Governor's biennial message as in Committee of the Whole House, Whereupon the House resolved into Committee of the Whole - Mr. Woollen in the chair - and the Chairman announced the order.
Mr. Lenfesty - Mr. Chairman, I move that that part of the Governor's message which relates to a Bureau of Statistics be referred to the Committee on Statistics and Emigration. The motion was agreed to; and then, on the motion of Mr. Walker, the committee rose and the Chairman reported progress, and asked and obtained leave to sit again at three o'clock P. M.
The report was concurred in, and the order was made accordingly.
The Speaker. At the adjournment of the morning session the House had under consideration the bill No. 217 (Mr. Cobb's promissory note bill). Mr. Shirley proposed to amend the act so that "as to all bills of exchange executed in this State and payable within or without the State, and all promissory notes executed in this State and made payable either within or without the State, the maker or makers thereof shall have the right to answer, under oath, that said noter was given for a patent right, and then such maker or makers shall have all the right of answer as the payer or payers thereof." If we can constitutionally make such an amendment as this he desired to do so. As he understood the bill, according to its provisions no man in the State can make a promissory note unless he is a banker or a merchant.
Mr. Cobb. It does not affect the law as it now stands, with regard to bills of exchange. It simply affects a certain class of notes not known at common law, but made by statutory enactment. It does not touch inland bills of exchange. It simply changes the law in regard to what is not known as commercial paper. The proposed amendment goes a great deal farther in the way of inovation than I am willing to go.
Mr. Shirley. The amendment applies only to notes given for patent rights; and they have to swear that they were given for such a consideration. It does not apply to any other kind of paper. The bill needs this restriction, for it strikes down that class of paper which is worth more to businessmen generally than any other kind of paper. The way he understood it would very unfavorably affect the largest commercial interests in the State.
Mr. North recognized the benificence of patent rights, and admonished the House against special legislation in this matter.
Mr. Miller suggested the unconstitutionality of the amendment, and the fact of the decision of Judge Drummond that the owner of a patent has the right to sell it all over the State.
Mr. Cole moved, ineffectually, to lay the amendment on the table; and then -
On the motion of Mr. Furnas, the bill and pending amendment were referred to the Committee on Manufactures and Commerce.
Mr. Jones introduced a bill [H. R. 316] to authorize Township Trustees to levy to the amount now authorized by law - not exceeding twenty-five cents on the hundred dollarsfor the purpose of satisfying and liquidating any township debt created in the construction of any school house, or in the procuring of furniture or aparatus, and declaring an emergency. It was referred to the Committee on Education.
DELAWARE COUNTY BOUNTIES.
Mr. Mellett's bill [H. R. 200] to authorize and empower the Board of County Commissioners to legalize bounties for soldiers that have been issued in such counties, and declaring an emergency, was taken up on the third reading.
Mr. Mellett gave assurance that its provisions page: 46[View Page 46] could apply to no other county in the State. It was finally passed the House of Representatives - yeas 82, nays 2.
Mr. Baker obtained leave of absence during the remainder of the week.
Mr. Glazebrook's bill [H. R. 119.] to regulate the sales of drugs and medicines (prescribing labels of red and white to distinguish between apothacary's prescriptions for inward and outward medicaments), was taken up on the third reading and finally passed the House of Representatives - yeas, 78; nays, 7.
The House then, as Committee of the Whole, (Mr. Walker in the chair) took up the consideration of Governor Baker's biennial message.
Mr. Walker submitted to the Committee a resolution distributing the several subjects of the message to appropriate committees.
The resolution was adopted.
On motion of Mr. Lenfestey, so much of the message as refers to the claim of General Terrill was referred to the Committee on Claims.
The Committee then rose and the Chairman reported its action, recommending its adoption.
The report was concurred in.
Mr. Reed's bill [H. R. 291] defining what counties shall constitute the Third Judicial Circuit (the counties of Gibson, Knox, Daviess, Dubois and Pike) which heretofore failed for want of a constitutional majority, was taken up and finally passed the House of Representatives - yeas 66, nays 15.
Mr. Martin's bill [H. R. 76] to amend the act to enable the owners of wet lands to reclaim them without affecting the rights of others, and prescribing the powers and duties of county boards and county auditors, in connection therewith, approved March 11, 1867; and amending sections one, three, four, six, nine, eleven and twelve, of said act, which heretofore failed for want of a constitutional majority, was taken up, and after informal debate it was finally passed the House of Representativesyeas, 79; nays, 4.
GOVERNOR'S INAUGURAL ADDRESS.
The House, in Committee of the Whole (Mr. Woollen in the chair), according to previous order, took up the consideration of the Governor's Inaugural Message.
Mr. Offutt submitted a resolution of reference to the appropriate committees, which was adopted.
On motion of Mr. Offutt the committee rose, and the chairman reported, and recommended the adoption of its action to the House of Representatives. The report was concurred in.
The House then adjourned till to-morrow morning at half-past nine o'clock.
