THE
BREVIER LEGISLATIVE REPORTS.
VOLUME FOURTEEN.
INDIANA LEGISLATURE.
HOUSE OF REPRESENTATIVES.
SATURDAY, January 18, 1873PERSONAL EXPLANATION.
Mr. Woolen took notice, that the other day when he introduced a bill on the subject of divorce the report of its provisions in the Journal was entirely incorrect. And in the Journal this morning there is an editorial perversion of it. The bill says nothing about what persons shall be prohibited from marrying on account of color, or differences in color. The truth is the Journal has taken the pains and its privilege of attacking a bill without knowing anything about its object or its provisions. The provision which the Journal refers to is simply the present law that is, that such marriages shall be void without judicial proceeding. Again, the Journal, by insinuation, seems to cast some reflection on the county which I represent, and I want to say here that whenever it may be expedient that a bill be introduced to prevent white and black from intermarrying, I shall leave the matter to the honorable member from the county of Marion, and all I fear about it is, that the resulting act may be declared unconstitutional on account of local application.
Mr. Butterworth also rose to a personal explanation. He said I see by the Journal, this morning, that I am reported as wanting but one Insane Ayslurn in the State. I think we ought to have three.
NEW PROPOSITIONS
The Speaker took up the call of the House by counties and districts, for new propositions.
Mr. Boadus submitted a resolution, which was adopted, instructing the Committee on Ways and Means, to inquire into the expediency of taxing the gains of mercantile and manufacturing houses who sell their wares and merchandise by sample in this State, and report by bill or otherwise.
Mr. Pfrimmer introduced a bill [H. R. 335] regulating estrays and articles adrift, and prescribing penalties (within five days after the time of the taking up, the party shall make oath of the fact and that the marks or brands have not been altered by him; and within twelve days shall procure two disinterested persons who shall appraise the same, and the expense of keeping make a statement of these attested by oath, the same to be filed with the county clerk). It was referred to the Committee on the Rights and Priviliges of the Inhabitants of the State.
A message from the Senate announced the adoption in that body of a concurrent resolution with regard to the charter of the Buffalo and Mississippi Railroad Company under which the Lake Shore and Southern Michigan railroad is operating.
Mr. Walker submitted a resolution (which was adopted) that there be appointed by the Speaker four members of the House, who shall act in conjunction with the Committee on the Judicary and be auxilliary thereto; in order that bills and proposition referred to that Committee may be properly and speedily disposed of.
Mr. Hardesty introduced a bill [H. R. 336] to provide that railroad aid may be advanced under certain conditions when it has been paid in by the townships where the road is located, and the taxes in part is collected, (it may be lawful for the said voters to petition that such tax, not exceeding one-fourth part thereof, may be paid over to the County Treasurer, provided that the railroad company shall file a bond that the money be faithfully applied to the construction of their road.) It was referred to the Committee on Railroads.
Mr. Johnson, introduced a bill [H. R. 337] to authorize the sale of the interest of the State of Indiana in a certain tract of land in Clay county (the Shoemaker lot.) It was referred to the Committee on the Judiciary.
Mr. Johnson presented a claim, and Mr. King presented petitions for temperance.
Mr. Satterwhite introduced a bill [H. R. 338] to prohibit the trustees of townships from levying taxes on the citizens of incorporated towns where such towns are organized and doing business under their corporate authorities. It was referred to the Committee on County and Township Business.
Mr. Shirley introduced a bill [H. R. 339] defining certain felonies, and prescribing punishment therefor.
Mr. Butterworth introduced a bill [H. R. 340] for compelling parents and guardians to educate their children and wards. [Those between the page: 54[View Page 54] ages of eight and fourteen to attend the Common Schools for twelve weeks of the year. Fine, $5 to $20 for first and second offenses. Trustees to prosecute on information, under penalty of $5 to $50.] He said it was a bill proposed by the Superintendent of Public Instruction. It was referred to the Committee on education.
Mr. Walker presented a number of petitions from citizens of the county of Wayne praying that the grounds for action in divorces shall be limited to adultery alone. They were referred to the Committee on the Judiciary.
PAID CANAL BONDS - CANCELLATION.
The Speaker laid before the House a communication from the Governor, transmitting a letter from the Treasurer of State - submitting to the General Assembly, for consideration and correction, the fact that section eighty-five, of the act of December 12, 1872, providing for the payment to the extent of 191 of the old unsurrendered canal bonds, etc., does not provide for the cancellation of such bonds and coupons before placing them in the hands of the Treasurer of State, and recommending tue passage of a joint resolution to authorize such cancellation.
On motion of Mr. Woollen, it was referred to the Committee on the Judiciary.
THE CALENDAR.
The bill [S. 141], to amend section one of the exemption law of February 7, 1852 - $600 in the hands of the householder shall not be liable to execution - where the husband fails to claim the exemption the wife may do so. It was read and referred to the Committee on Judiciary.
The bill [S. 168], supplement to the act of the last session, in relation to the organization of the two Houses of the General Assembly, to increase the clerical and police of the Senate. It was read the first time and referred to the Committee on Judiciary.
The Speaker laid before the House a message from the Senate announcing that that body has adopted a concurrent resolution requiring the Lake Shore and Michigan Southern Railroad to furnish to this Assembly an exhibit of its profits after deducting all expenses, the amount actually expended in the construction of their road, and the amount of expenditures of such corporation, in compliance with the charter of the Buffalo and Mississippi Railroad, approved February 6, 1835, under which said railroad assumes to be operated: provided, that nothing herein shall be construed as recognizing the legal existence of said corporation, or as waiving any forfeiture that may hereafter take place. It was referred to the Committee on Railroads.
The bill [S. 167] fixing the time for Common Pleas (first Mondays in June and December) in the Twenty-second District, was read the first time and referred to the Committee on the Organization of Courts of Justice.
The bill [S. 15] to authorize cities and towns to issue, negotiate and sell bonds to erect and complete school buildings, to purchase grounds for school purposes, and to legalize such contracts; and to authorize taxation and the issuance of bonds to pay the same, was read and referred to the Committee on Cities and Towns.
The bill [S. 48] to amend sections 1, 7, 8 of the Soldiers' Home act of March 7, 1867, and the supplemental act of March 7, 1869, was read and referred to the Committee on the Scientific and Benevolent Institutions of the State.
The bill [S. 62] to amend sections 1 and 13 of the act of May 12, 1851, to incorporate the town of Bluffton, in \Vells county, was read and referred to the Committee on Cities and Towns.
The bill [S. 71] to amend sections 7 and 49 of the act of June 15, 1852, for the apportionment of decedents' estates, was read and referred to the Judiciary Committee.
Mr. Dial's bill [H. R. 13] defining what counties shall constitute the Fifteenth Judicial Circuit, was passed to the third reading.
Mr. Woollen's bill [H. R. 330] supplemental to the per diem act of 1872, was read again, and passed to the third reading.
On motion of Mr. King, his bill to regulate the laying out, opening, widening, etc., of streets and alleys in cities and'towns, was taken up and referred to the Committee on Cities arid Towns.
Mr. Shirley, from the Committee on Corporations, returned his bill [H. R. 208] to legalize the acts of the Board of Trustees of the town of Mooresville, in Morgan county, recommending its passage. It was ordered to be engrossed.
Mr. Satterwhite, from the Committee on Banks, to which was referred the report of the President of the Bank of the State, reported that on the third Saturday of November, 1872, the mother bank and branches were in a healthy condition; which was concurred in.
Mr. Thayer's bill [H. R. 289] was returned by Mr. Richardson, and referred to the Committee on Cities and Towns.
Mr. Ogden, from the Committee on Corporations, returned Mr. Walker's voluntary association act amendment bill [H. R. 127] recommending that it be laid on the table, for the reason that its provisions were incorporated in an act of the last session. The report was concurred in.
Mr. Butterworth desired leave to report Mr. Shirley's ditch protection bill [H. R. 146], but the Speaker repressed the motion, being doubtful of the presence of a quorum to do business.
The House then, according to previous order, adjourned till Monday morning ten o'clock.
