HOUSE OF REPRESENTATIVES.
TUESDAY, January 21,1873REPORTS FROM COMMITTEES.
Mr. Branham, from the Committee on the Sinking Fund, reported a bill [H. R. 354] to consolidate certain mortgage bonds, bills receivable, loans, etc., belonging to the school fund into one non-negotiable bond, and making provisions in relation thereto. (The preamble recites those several mortgage bonds, bills receivable, loans, etc., belonging to the school fund and finds the aggregate to be $176,573 42, belong to and part of the common school fund, and therefore the bill enacts, for the purpose of simplifying the accounts of the common school fund, that the Governor execute a non-negotiable bond of the State for said amount, bearing interest at 6 per cent.; and that the said mortgage bonds, bills receivable, loans, etc., shall belong to and be the property of the State, etc.) Referred to the Committee on the Sinking Fund.
Mr. Reed, from the Committee on Ways and Means, returned the resolution directing said committee to inquire into the expediency of tax- page: 61[View Page 61] ing the agents of mercantile and manufacturing houses doing business without the State and selling their wares and merchandize within the the State, reporting a recommendation that it be laid on the table, because it is in conflict with a late decision of the United States Supreme Court.
The report was concurred in.
Mr. Walker, from the Committee on the Judiciary, returned the bill [S. 159] providing for the submission to the people on the 28th of January, 1873, the question of the ratification of the constitutional amendment in relation to the debt charged against the Wabash and Erie Canal, with an amendment changing the time of the election to the 18th day of February, 1873. The report was concurred in, adopting the amendment, and the bill was finally passed the House of Representatives. Yeas 86, nays 0.
COUNTY AND TOWNSHIP RAILRORD AID.
The House took up the special order for the hour, viz.: Mr. Miller's bill [H. R. 297] supplemental to the act of May 12, '69, to authorize aid in the construction of railroads by counties and townships taking stock therein or making donations thereto, the question being on the third reading of the bill. (The bill provides that the local tax may be withheld till the road shall be permanently located.) It was finally passed by the House of Representatives, yeas 86, nays 0.
REPORTS FROM THE JUDICIARY COMMITTEE.
Mr. Walker, from the Committee on the Judiciary, returned Mr. Heller's bill [H. R. 284] to amend the 22d section of the act for the incorporation of cities and towns and the supplemental act of August 2,1855(the temperance clause) - recommending that it be referred to the Committee on Temperance. He also returned the Senate bill [S. 71] to amend sections 7 and 49 of the act for the settlement of decedents' estates, recommending that it be laid on the table. He also returned Mr. Anderson's bill [H. R. 342] to provide for taxing of costs in criminal actions, recommending its indefinite postponement. These reports were severally concurred in.
EXECUTORS' SALE OF REAL ESTATE.
Mr. Wilson, of Ripley, from the Committee on the Judiciary, returned his bill [H. R. 179] to amend section one of the act to amend the practice act of June 18,1852, approved February 3, 1858, recommending its passage. He said: The law at present requires the publication of the sheriff's advertisement for the sale of real estate in a newspaper that is published nearest to the land. This works a hardship on the sheriff sometimes to determine the nearest newspaper which becomes material to the title he gives. This bill does away with that feature of the law, and requires that it be published in a newspaper of general circulation in the county. The old law provides that the newspaper shall be printed in the county; this bill, that it shall be printed and published in the county. The old law requires that it shall be printed in a newsaper; this, that it shall be printed in a newspaper of general circulation.
Mr. Butterworth. This bill is in the interest of county seats, and does injustice to people and newspapers published elsewhere in the county.
Mr. Shirley proposed to recommit the bill, with instructions to amend so that the judgment plaintiff direct the sheriffs choice of advertising as between the newspapers of the county.
Mr. Cauthorn proposed to amend the instructions so as to give this discretion also to the judgment defendant; and so the instructions were shaped by the acquiesence of Mr. Shirley: to secure this selection to the judgment plaintiff and defendant, giving the preference to the defendant.
Debate followed, in which Messrs. Wilson, of Ripley, Buskirk, Cowgill, Shirley and Miller took part.
On motion of Mr. Ogden, the motion for recommitment with instructions was laid on the table - yeas 41, nays 37; and then the bill (it being on the third reading) was rejected by the House yeas 35, nays 46.
COMPENSATION OF JUDGES PRO TEM.
Mr. Wilson, from the Committee on the Judiciary, returned Mr. Kirkpatrick's bill [H. R. 228] to amend the third section of the act of May 15,1861, relative to the disability of Circuit Judges to hold court and discharge the duties of their office, and for the appointment of Judges pro tem. to hold court during such disability, recommending that it be laid on the table.
The Speaker would have repressed debate under the reported motion to lay the bill on the table, but it was indulged by unanimous consent, and Messrs. Offutt, Wilson of Ripley, Glasgow, Rumsey, Buskirk, Woollen and Miller participating therein.
On motion of Mr. Cowgill, the bill was recommitted, with instructions to deprive the original incapacitated judges of their salaries in cases where their courts have been held by judges pro tem. for six months.
STATIONERY - COURTS AND COUNTY OFFICES.
Mr. Shirley, from the Judiciary Committee, returned Mr. Wilson of Ripley's bill [H. R. 276] to prohibit the several courts and county boards in this State from making any allowance to county officers for stationery, and providing that such officers shall furnish their own stationery, recommending that the same be laid on the table.
Mr. Wilson of Ripley. In this bill I provide that the courts and county commissioners shall not hereafter make any allowance to county officers for stationery, except for the record books, and I desire to point out some of the abuses under the present system. And as we are called upon by the people to cut down all abuses, it seems to me that we have a golden opportunity which we ought not let pass. The State is now paying no less than $300,000 a year for Stationery for the county officers, when, in contemplation of law, this should be paid by the county officers themselves; and they put in under the head of stationery four-fiths of all the items of supply for their offices. Wherever we find such an abuse of power, we ought to put our hand on it. Let gentlemen go to their county offices and to the records, and under the head of expenses for stationery they will find pens, inkstands, gold pens, erasers, cork-screws and other like things that can not properly come under the head of stationery, such as pocket knives, memorandum books, etc. And this is carried on to such an extent that they even get from the traders a bonus per cent. on their purchases. The County Clerk gets fifty cents for his summons, which he procures at the State's expense; whence he gets not only enough for himself, bat for all his friends. Besides, when he retires from his office, he takes with him enough of these articles of stationery to last him through the term of his natural life. [Laughter.
]When he had concluded, debate was still further indulged by unanimous consent, and Messrs. Barrett, Buskirk, Walker and Shirley took part - pending which, the House adjourned.
