AFTERNOON SESSION.
REPORTS FROM COMMITTEES.
Mr. Thompson, from the Committee on County and Township Business, returned Mr. Thayer's bill [H. R. 289] to amend sections one and four of the act authorizing recorders to make indexes, etc., approved February 16, 1852, and amended in 1855, recommending its passage. Engrossed.
Mr. Tingley, from the Committee on Scientific and Benevolent Institutions, returned Mr. Buskirk 'a bill [H. R. 273] to amend sections thirty-seven and thirty-eight of the act for the relief of poor, approved June 9, 1852, recommending that it lie on the table. Concurred in.
Mr. Butts, from the Committee on Temperance, returned Mr. Hollingsworth's bill [H. R. 312] to prescribe an official oath or affirmation, and presenting a cause of removal and the manner of removal from office of any person holding office in this State, with amendments, striking out the first section and affixing the enacting clause to the second section.
Mr. Baker moved the indefinite postponement of the bill, but gave way for Mr. Butts, on whose motion it was postponed, and made it special order for next Thursday at two o'clock P. M.
SOLDIERS' BOUNTY.
Mr. Lenfesty, from the Committee on Federal Relations, returned the joint resolution [H. R. 10] for the instruction of Indiana Congressmen to give their influence toward the passage of a law giving to all soldiers, of the late war of the rebellion of 1861, a bounty land warrant for 160acres, with an amendment in reference to the term of military service"not less than ninety days," and so amended the committee recommended its adoption. The joint resolution adopted. Yeas, 62; nays, 2.
Mr. Gifford, from the Committee on Cities and Towns, returned the bill [S. 10] to amend section 58 of the city corporation act, recommended its passage, (it proposes to change the present law, exempting the excess of five acres of land within the corporation limits from taxation and to tax railroad property except rolling stock, etc.) It was referred to the Committee on Railroads.
Mr. Gifford, from the Committee on Cities and Towns, returned Mr. Kings bill [H. R. 100]' relative to laying out, opening, vacating, widening or straitening streets, alleys and highways: to enlarging, straitening or altering any water-courses in the cities or towns of this State providing for the appointment of Commissioners for the assessment and collection of benefits and the assessment and payment of damages, and providing remedies in such matters; with sundry verbal clerical amendments, such as, striking out the words "filing of said report," and inserting in lieu: "confirmation of said report by the council," and as so amended the committed recommended the passage of the bill.
Mr. Gifford, from the Committee on Cities and Towns, returned Mr. Cobb's bill [H. R. 201] exempting certain city fire department property from execution, and recommending its passage.
Mr. Reeves, from the Committee on Roads, returned Mr. Whitworth's road bill [H. R.252], recommending its passage.
Mr. Ramsey returned Mr. Billingsly's road bill [H. R. 266], recommending its passage. Engrossed.
THE STATE PRINTER.
Mr. Billingsley, from the Committee on Printing, reported a joint resolution providing for a settlement with the State Printer. (Immediately after the expiration of his office the State Printer shall hand over his work for the State to the Secretary of State, and make settlement of his accounts with the Secretary of State.)
The resolution was passed on the part of the House - yeas 77, nays 1.
The Speaker (Mr. Offutt in the chair) took up the unfinished business of the forenoon; the consideration of the bill [S. 2] to authorize and regulate the incorporation of banks of discount and deposit.
Mr. Woollen said this was the bill that was considered before dinner, in regard to private banks, and he considered it a good bill. It was carefully drawn, and had been examined thoroughly. There was no reason why all private bankers should not be incorporated and act under a charter, as in other States. This bill was to authorize only banks of discount and deposit, but giving them no right to issue currency. If these banks conduce to the public good in other States page: 74[View Page 74] be thought they ought also to be organized in the State of Indiana.
The bill finally passed the House - yeas 63, nays 16.
NEW PROPOSITIONS.
The Speaker took up and pursued the call of counties and districts for new propositions, which were severally passed to the second reading and referred, as indicated by the name of the committee.
Mr. Barrett introduced a bill [H. R. 357] for an act limiting the damages, which may be assessed by any court or jury on account of Attorney's fees, and the payment of Attorney's fees. On amounts not exceeding $400, five percent; exceeding that and less than $800, four per cent; exceeding that and less than $2,000, three per cent; exceeding $2,000 two per cent.) Judiciary. He also presented a petition from sundry citizens of Bartholomew county.
Mr. Richardson introduced a bill [H. R. 358] to repeal section six of the act of March 11, 61, concerning promissory notes, bills of exchange or other instruments signed by any person promising to pay money, etc. Commerce and Manufactures.
Mr. Mellett introduced a bill [H. R. 359] to regulate and restrain the running at large of swine. (Fine $1 to $10.) Agriculture. Also, a bill [H. R. 360] to appropriate $150 for the distribution of the Report of the Superintendent of Public Instruction(to the several counties of the State, etc.) He also presented the claim of Joseph S. Buckles for purchase money paid for land of the State of Indiana to which his title was not perfected ; and thereupon he submitted a resolution, which was adopted, that the Committee on Ways and Means be instructed to investigate the matter, and, on finding what is due to said Buckles, to incorporate the same in the special appropriation bill. - He also submitted a resolution that the Committee on Ways and Means, the Committee on the Sinking Fund and the Committee on the Benevolent Institutions be authorized to employ one clerk; that the Committee on Claims, on Reformatory Institutions, on Federal Relations and on Education be authorized to employ one clerk to serve said committees.
The Speaker. The resolution is not in order. It proposes an amendment to the law, which can't be done by resolution.
Mr. Mellettt withdrew the proposition.
Mr. Willard introduced a bill [H. R. 361] to repeal the law now in force establishing the times of holding the Circuit Court in the Second Judicial Circuit, and to fix the times of holding of said Court in said Circuit. (It embraces the counties of Scott, Washington, Harrison Clark, Floyd, Orange and Lawrence.) Organization of Courts.
Mr. Buskirk introduced a bill [H. R. 362] to amend section three of the act of March 1,1853, to provide compensation to the owners of animals killed or injured by railroad locomotives. etc. Judiciary. Also a bill [H. R. 363] to regulate the fees of attorneys in certain cases, (No contract to bind the obligor to pay attorneys' fees unless the writing specify the amount and the manner of paying it.) Judiciary.
Mr. Lenfestey introduced a bill [H. R. 364] concerning taxes voted in aid of railroad companies by counties and townships, and granting to boards of County Commissioners certain powers in relation thereto. (The said tax not to be placed on the duplicate till the work on the said road shall have so far progressed as to satisfy said Commissioners that it will be completed, and if the said tax is now on the duplicate and not collected, the collection may be suspended till assurance be given that said road will be completed: provided that, by petition, etc.) Judiciary.
Messrs. Offutt and Clark presented petitions for temperance, and the latter the petition of ladies for the Reformatory.
Mr. Hedrick introduced a bill [H. R. 365] to amend section 12 of the act of February 16,1852, to establish public libraries. (The property of the institution shall not exceed $1,000, excepting books and that pertaining to the library.) Education.
Mr. Kirkpatrick introduced a bill [H. R. 366] supplemental to the act of May 14, 1869, authorizing the assessment of lands for plank, gravel and macadam road purposes, and repealing all other laws on that subject. Roads. Also, a bill [H. R. 367] to provide for the disposition of unclaimed county orders in the several counties of this State. (To transfer them to the school fund.) Education.
Mr. Cobb introduced a bill [H. R. 368] to regulate legislative practice as to the allowance of claims against the State of Indiana. (For the appointment of a joint committee on claims, to whom all such claims shall be referred for examination arid record, and recommendation or rejection). Claims.
Mr. Wynn introduced a bill [H. R. 369] to amend the 5th section of the act for the appointment of notaries public, and defining their powers and duties. (To administer oaths generally and to solemnize marriages). Federal Relations. Also a bill [H. R. 370] providing for regular sessions of boards of county commissioners, and repealing all laws conflicting therewith. (First Mondays of January, April, July and October.) County Business. Also a bill [H. R. 371] supplemental to the assessment act of December 21,1872. (Property to be assessed between the first days of April and July in each year - assessors $5 a day, their assistants $4 a day, for the time actually engaged in the service). County and Township Business.
THE CONSTITUTION.
Mr. Woollen submitted a concurrent resolution reciting the fact that the act of this session requires the submission of the constitutional amendment in regard to the debt charged on the Wabash and Erie Canal on the 18th of Feb., 1873, and the constitutional requirement in regard to amendment to that instrument; and resolving for a joint special committee to consider what further amendments to the constitution are necessary, and report the result of their inquiries on the 20th day of February next. He said: The appointment of the proposed committee was not to interfere at all with the action already taken, but to mature such amendments as are acknowledge to be needed, and in such manner as to them may seem necessary and proper. If a Constitutional Convention should be called this could do harm; and if not, then in the meantime we might gain two years on the propositions submitted by them. The resolution was adopted on the part of the House of Representatives. He also introduced a bill [H. R. 372] to amend the act of the present session appropriating $125,000 to defray the expenses of the regular session of the Forty-eighth General Assembly, approved July 21,1873. [It proposes to make it the duty of the Auditor of State (on proper vouchers) to issue his warrants for the per diem and milage age of members of the Senate and the House of Representatives of the General Assembly, and for the pay of the officers and appointees thereof.] He said it is to supply what was understood to be mistakes in the enrolled and approved act referred to, and on his motion it was referred to the Committee on Ways and Means.
Mr. Thayer presented the petition of 200 citizens of Marshall county for such a liquor law as will make the vendors liable for the mischiefs and damages occasioned by their traffic. He also introduced a bill [H. R. 373] to provide for the trial of causes in the several Courts of Common Pleas, in cases where the local judge is Incapacitated by his relation thereto, and repealing section ten, chapter four, of the act estab page: 75[View Page 75] lishing the Courts of Common Pleas, etc. Judiciary.
Mr. Wood introduced a bill [H. R. 514] to amend section sixteen of the act of March 6,1852, concerning real property and the alienation thereof. (Every conveyance or mortgage of land, and every lease for more than three years to be recorded, and every such conveyance, etc., not so recorded, shall be void, etc.) Judiciary.
Mr. Edwards, of Lawrence, introduced a bill [H. R. 375] to amend section one of the act of March 2,1865, to amend the act to discourage the keeping of useless and sheep-killing dogs, approved May 11, 1861, so as not to conflict with the provisions of the act for the protection of sheep, approved June 15, 1852. Rights and Privileges.
Mr. Hardesty submitted a preamble and concurrent resolution, reciting the fact of a misunderstanding and conflict of title as to certain lots in the State House square, between Market and Ohio streets and Tennessee and Mississippi streets, in the city of Indianapolis; therefore, Resolved, that there be appointed a joint, special committee of three on the part of the House of Representatives and two on the part of the Senate, who shall be charged with the duty of examining into the title of said real estate; and that said committee report to the General Assembly. He stated that there are two lots in this north square on Tennessee street about which there is dispute whether the State owns them or their present claimants.
Mr. Kimball proposed to amend the proposition by changing it from a concurrent resolution to a resolution of the House, and by requiring the proposed examination of title to be made by the Attorney General.
Mr. Hardesty accepted the modification, and so the resolution was adopted.
Mr. King introduced a bill concerning cemeteries, and repealing laws in conflict therewith. (It shall not be lawful for any railroad company, any Board of County Commissioners, any City Common Council, or the trustees of any town to condemn land belonging to any cemetery, etc.) Rights and Privileges.
Mr. Johnson introduced a bill [H. R. 377] declaratory of the law of the State as to the eligibility of women to certain offices therein mentioned. (Any woman is eligible to any office elective by the General Assembly or in the appointment of the Governor, if she does not labor under any disability that would prevent her from binding herself by an official bond, and all such elections or appointments are hereby legalized. Judiciary. Also a bill [H. R. 378] to authorise the purchase of gravel roads for the purpose of making them free of toll. Roads.
Mr. Peed introduced a bill [H. R, 379] to provide for the publication of the proceedings and allowances of Boards of County Commissioners, and for the publication of the expenditures and allowances of Town Boards and Township Trustees in the local newspapers. Printing.
Mr. Satterwhite submitted a preamble and concurrent resolution (which was adopted on the part, of the House of Representatives) reciting the loss of its library by the Chicago Law Institute, and the Governor's tender to said institute of a copy of the Indiana Reports and the Statutes, to be returned if the Legislature do not sanction their retention, and resolving that said books be retained by said Institute; and that the Secretary of State notify the officers thereof of the adoption of the resolution.
Mr. Stanley introduced a bill [H. R. 380] legalizing summons, executions and other process of law heretofore issued by Justices of the Peace in incorporated cities to the marshal of any such city, and protecting such marshals from injury on account of acting under color thereof. Judiciary.
Mr. Reno introduced a bill [H. R. 381] without title as read by the Clerk(reciting the evils of absenteeism on the part of members of the General Assembly, and proposing to deduct one day's per diem for every twenty-four hours' absence without leave or committee service.) Judiciary.
Mr. Woodard introduced a bill [H. R. 382] in regard to the salary of the Superintendent of Public Instruction, and providing for the manner of paying the same. ($3,000to be paid quarterly out of any money in the treasury belonging to the general fund, not otherwise specially appropriated - and repealing the law for the salary of $1,300.) Fees and Salaries.
Mr. Whitworth introduced a bill [H. R. 383] to enable the owners of overflowed farm lands to fence the same without affecting the rights of others. Rights and Privileges.
Mr. Smith introduced a bill [H. R. 384] to repeal section 224 of the practice act of June 18, 1852. Judiciary.
Mr. Tingley introduced a bill [385] to amend section 51 of the act of June 11, 1852, for the incorporation of towns. [Regulating the annexation of territory, provided that no territory shall be annexed to any town without the consent of the owner. Cities and Towns.
Mr. Butts introduced a bill [PI. R. 386] to punish interferences with contracts for labor (by violence or threats of violence, or by hire, or by any manner whatever so as to prevent the fulfilment of any contract for labor; fine $10 to $100; costs and damages, and, in default of payment, jail). Judiciary.
Mr. Spellman introduced a bill [H. R. 387] to amend section 13 of the act of May 12,1852, to authorize the construction of plank, macadam, and gravel roads. (Regulating tolls, etc.) Corporations.
Mr. Butterworth submitted a concurrent resolution (which was adopted) that the joint committee on the State Library examine the same and report its condition to the General Assembly.
Mr. Riggs introduced a bill [H. R. 388] to amend an act granting to the citizens of the town of Evansville a city charter, approved February 4, 1848. Cities and Towns. Also, a bill [H. R. 389] to amend sections 4, 5, 24, 26, 35, 43 and 48 of the act granting to the citizens of the town of Evansville a city charter, approved January 27, 1847. Cities and Towns.
Mr. Odle presented petitions for temperance, and on the subject of the collection of county taxes.
M. Walker introduced a bill [H. R. 390] to amend the 447th section of the Practice Act in civil cases, approved June 18, 1852, (with respect to appraisement laws). Judiciary. He also presented petitions for the divorce law modifications.
Mr. Baxter presented petitions for a prohibitory liquor law.
The House then adjourned till this morning at eight o'clock, with the understanding that it would then meet without business, find, according to previous order, adjourn till Monday two o'clock P. M.
