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Brevier Legislative Reports, Volume XIV, 1873, 608 pp.
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HOUSE OF REPRESENTATIVES.

WEDNESDAY, January 22, 1872.

STATIONERY - COUNTY OFFICERS.

The Speaker recurred to the unfinished business of yesterday, viz: Mr. Wilson of Ripley's bill [H. R. 274] prohibiting the various courts and Boards of County Commissioners from making any allowance for stationery to county officers, and providing that such officers shall furnish their own stationery the question being on concurring in the report of the Committee on the Judiciary, that it be laid on the table.

By unanimous consent, the debate thereon was continued by Messrs. Wilson of Ripley, Shirley, Woollen, Buskirk and Miller.

Mr. Cobb demanded the previous question, and there was a second, and under the pressure thereof it was brought to a vote, which resulted - yeas 40, nays 45 - as follows:

Yeas - Messrs. Anderson, Baker, Barrett, Baxter, Billingsley, Blocher, Brodus, Buskirk, Cobb, Coffman, Cowgill, Dial, Eaton, Edwards of Lawrence, Ellsworth, Eward, Gifford, Given, Glasgow, Goble, Hatch. Heller, Hoyer, Johnson, McConnell, McKinney, Mellett, North, Ogden, Pfrimmer, Reno, Richardson, Rudder. Satterwhite, Schmuck, Shirley, Smith, Spellman, Strange, Thayer, Tingley, Walker, Whitworth, Wilson of Blackford, Wolflin, Woollen - 46.

Nays - Messrs. Barrett, Bowser, Branham, Butterworth, Butts, Cauthorn, Clark, Claypool, Cole, Crumbacker, Durham, Furnas. Goudie, Hardesty, Hedrick, Henderson, Hollingsworth, Jones, Kimball, King, Kirkpatrick, Lenfestey, Martin, Miller, Odle, Peed, Prentiss, Reeves, Riggs, Rumsey, Scott, Shutt, Stanley, Teeter. Thompson of Elkhart, Thompson of Spencer, Troutman. Tulley, Wesner, Willard, Wilson of Ripley, Wood, Woodard, Wynn, and Mr. Speaker - 45

So the report was concurred in, and the bill was laid on the table.

EXECUTIVE COMMUNICATIONS

The Speaker laid before the House a communication from the Superintendent of Public Instruction, transmitting the Report of the Trustees of the State Normal School.

On motion of Mr. Kimball, it was laid on the table and ordered to be printed.

The Speaker also laid before the House a communication from the Governor, transmitting the report of Patrick Shannon, late Agent of State, showing the business of his office from the 1st of January. 1871, to the 31st of December, 1872. Laid on the table and ordered to be printed.

EMPYRICISM.

The Speaker recurred again to Mr. Hardesty's motion which was filed last Friday to reconsider the vote by which the House rejected Mr. Satterwhite's bill [H. R. 101] to protect the citizens of the State from empyricism, and elevate the medical profession.

Mr. Thayer. My object in desiring the reconsideration of this vote is because there were but seventy-five members present when the bill wax rejected; and I think it is entitled to consideration and discussion on its merits, and then if gentlemen should think it will not be for the benefit of the people, I shall be willing that it may be voted down. But, sir, the people of my region are very anxious for legislation on this subject. All the surrounding States have such a law as this bill proposes, and the result is that the State of Indiana is filled with quacks - those medical adventurers and vampires of the life of the more helpless classes. I have, myself, one objection to the bill, and that is - it is not sufficiently strong and stringent in its provisions; but I desire to see it placed on the statutes, so that we may have a beginning in this line of legislation.

Debate followed, in which Messrs. Blocher, Hatch, Barrett, Mellett, Billingsley, Dial, Richardson, Woodard and Butterworth took part. The House refused to reconsider the vote - yeas 45, nays 47.

SOLDIERS' HOME - JUDICIAL.

The Speaker resumed the chair and laid before page: 67[View Page 67] the House a message from the Senate transmitting a concurrent resolution for a joint special committee of two Senators and three Representatives, to examine the books and vouchers of the Superintendent of the Soldiers' and Seamen's Home, in accordance with the request of said Superintendent, and report whether the funds intrusted to said Superintendent have been properly applied, and whether his accounts are true and correct.

The resolution was concurred in.

The Speaker also laid before the House a concurrent resolution of the Senate for a joint special committee of four on the part of the House and three on the part of the Senate, whose duty it shall be to rearrange and redistrict the State for judicial purposes, so as to equalize the labor of the judges, etc.

The resolution was concurred in.

He also laid before the House the Senate concurrent resolution for a special joint committee of three Senators and five Representatives to employ an official reporter and to contract for binding the Brevier Reports.

On motion of Mr. Woollen it was postponed and made the special order for Monday at two o'clock P. M.

On motion of Mr. Mellett his bill [H. R. 55] to amend the common school law, was taken up again and referred to the Committee on Education.

CRUELTY TO ANIMALS

The Judiciary Committee bill [H. R. 232] declaring cruelty to animals to be a misdemeanor, and providing a penalty therefor (fine not exceeding $100) was taken up on the third reading, and passed the House of Representatives,Yeas, 90; nays, 0.

PROTECTION OF BIRDS.

The Agricultural Committee bill, [H. R. 225] to amend section two, of the act to provide for the protection of wild game, defining the time in which the same may be taken and killed, prescribing penalty, etc., approved March 11, 1867, and, also, to provide for the protection of certain birds therein named, and for the protection of their eggs, was taken up on the third reading.

On motion of Mr. Butts, (by unanimous consent) the black bird was stricken from the protected list.

The bill passed the House of Representatives yeas, 56; nays, 24.

TUITION SCHOOL TAX.

Mr. Mellett's bill, [H. R. 261] to amend Section one, of the common school law of March 6, 1865, was taken up on the first reading. (It proposes to raise the school tax from sixteen to twenty cents on the $100, and provides that said sum shall be expended for tuition purposes alone.)

Mr. Mellett explained and enforced its provisions in brief remarks.

Mr. Reno took the floor in favor of the bill, and when he had concluded the House took a recess.

AFTERNOON SESSION.

The Speaker resumed the chair, and the House pursued the consideration of Mr. Mellett's bill [H. R.261] to amend the common school law. The debate was continued by Messrs. Lenfesty, Branham, Woollen, Cobb, Rumsey, Shirley, and Kimball; when, on motion of Mr. Branham, the bill, together with the whole subject of the school law, were postponed and made the special order for Wednesday morning at ten o'clock.

PUBLIC INSTRUCTION REPORT.

The Speaker laid before the House a communication from the Superintendent of Public Instruction, transmitting his report in accordance with the 123d section of the school law, it being the twentieth annual report from that department.

ClVlL TOWNSHIP SCHOOL BONDS.

Mr. Woollen's bill [H. R. 10], providing for the issue and sale of bonds by civil townships for the purpose of paying any indebtedness incurred in the purchase of school houses or grounds, and for the purpose of building school houses, and to authorize taxation for the payment of such bonds, was taken up on the third reading. (It provides for taxation for this purpose not to exceed five per cent on the taxablesinterest payable annually, and the principal in ten years.) Mr. Woollen said it gives to the civil townships the same rights that cities and towns now have us to borrowing money for school purposes, if they desire to do so. It has been prepared with a great deal of care - that is, as I am able to be careful - and it is guarded with restrictions that will not be liable to abuse.

Debate followed, in which Messrs. Branham, Buskirk, Woollen, Butterworth, Mellett, Kimball, Cauthorn, Miller, and Thompson of Elkhart, participated.

Mr. Willard demanded the previous question and under its pressure the bill was rejected - yeas, 31; nays, 60.

RED FOX SCALPS.

Mr. Branham's red fox bill [H. R. 299] to allow bounties for red fox scalps, ($1 25) prescribing the duties of County Treasurers in relation thereto, and authorizing County Commissioners to allow an additional amount for the same, was taken up on the third reading.

Mr. Heller would like to see the bill amended so as to include the scalps of all foxes; and he told what he knew about the race.

Mr. Gronendyke suggested the same amendment, and the recommitment of the bill for that purpose.

Mr. Branham. Can't it be done by unanimous consent?

The amendment was taken by unanimous consent; and so the bill passed the House of Representatives - yeas 52, nays, 24 - with an amendment of title striking out the word "red."

PUBLIC PRINTING.

On motion of Mr. Billingsley, the Senate joint resolution to make temporary provision for the public printing (to authorize the Secretary of State, the Chairmen of the two Committees on Printing in the two Houses, advising and consenting with him) to contract with some person to do the State Printing etc.

It was concurred in and passed by the House of Representatives - yeas 50, nays 36.

Mr. Brett submitted a motion to reconsider this vote. On examining the resolution I find that it contains no restriction whatever. The Secretary of State and the chairmen of these committees can contract for the public printing at any price. They are not even required to invite competition. And we do not know how long these contracts may be extended. I do not think that the object we had in view when we abolished the office of State Printer will be accomplished by this resolution. When we abolished that office we did it upon the assurance that the printing could be done at much lower rates. And when I voted for this joint resolution from the Senate, I did so under the impression that it contained the proper restrictions. I therefore move for the reconsideration in good faith, and if the reconsideration is made, I shall move for such amendments as will require the chairmen of these committees and the Secretary of State to invite competition.

Mr. Woollen. The reason I voted against that joint resolution was this: Because I thought I saw in it that which might authorize the Secretary of State to make the contract for the public printing to continue for the next two years, if be desired to do so.

Mr. Walker. The resolution is a mere temporary expedient; it provides merely for the page: 68[View Page 68] printing of bills which we want from one day to another. I move to lay the motion to reconsider on the table,- but at the request of Mr. Kimball he withdrew the motion.

The vote was then reconsidered.

Mr. Butterworth moved to refer the joint resolution to a select Committee of three.

Mr. Peed proposed the standing Committee on Printing, and his motion was rejected. The question recurring on Mr. Butterworth's motion, -

Mr. Woollen suggested instructions to amend so that the proposed contracts for printing will not extend beyond this session of the General Assembly. He withdrew this motion at the request of Mr. Cauthorn; and the joint resolution was referred to the select committee without instructions. Said committee consists of Messrs. Brett, Walker and Billingsley.

Mr. Blocher introduced a bill [H. R. 355] to authorize the Auditor of Scott county to correct the report of the Superintendent of Public Instruction according to the provisions of the act of December 21,1865. It was referred to the Committee on Education.

Mr.Wolfflin presented the remonstrance of sundry citizens of Evansville (the paper measuring 92 feet long, with four thousand signatures) against the passage of any law looking to the restriction of the sale of spirituous liquors in the State of Indiana.

Mr. Butterworth introduced a bill [H. R. 356] concerning cemeteries. It was referred to the Committee on County and Township Business.

Mr. Broadus presented a petition from citizens of Fayette county for a prohibitory liquor law.

Mr. Kimball, from the Committee on Ways and Means, returned Mr. Billingsley's bill [H. R. 182] providing for the appraisement of real estate in cities of 30,000 inhabitants, with amendments under instructions by the House, and heretofore described in these reports, as being necessary to make the bill agree with the language and requirements of the new revenue law. The report was concurred in, the amendments adopted, and so the bill was ordered to be engrossed.

Messrs. Ogden, Brett, Tully, Dial and Anderson obtained leave of absence till next week.

On motion of Mr. Cauthorn it was ordered that when the House shall adjourn on Friday, it shall be till Monday, two o'clock P. M.

And then the House adjourned till to-morrow morning half past nine o'clock.

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