HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 13, 1875.The SPEAKER called the House to order at 9 o'clock, a. m.
The Rev, Dr. Day, being introduced and announced for the prayer.
On motion of Mr. COLLINS, the reading of the journal of yesterday was dispensed with.
Mr. HARPER, obtaining leave for the purpose, introduced a bill [H. R. 92] for an act compelling railroad corporations to fence their tracks, and providing penalties, which was read and passed to the second reading.
MILITARY USURPATIONS IN LOUISIANA.
On motion of Mr. HAVENS, his joint resolution [H. R. 1] was taken up and considered on its final passage.
Mr. TRUSLER demanded the previous question, but withdrew it for -
Mr. HAVENS, who said he took the floor in no spirit of spread-eagleism. A great deal that has been said here, such as the charge of wasting the time of the House he would not stop to answer. But there were some things in the debate on this resolution the other day which he desired to set himself right about. The gentleman from Montgomery, (Mr. Kennedy,) was eloquent in praise of his party, boasting that they had feed four millions of slaves. Then the gentleman went off to Kansas to notice the dispersion of an unlawful assembly there, as a parallel to this in Louisiana, and the gentleman also asked Mr. H. where he stood when he was elected here. His position then and now were the same on such a question, as the resolution contemplates. It is his position that when the President of the United States sends his armed soldiery to disperse a State Legislature, he does an infamous thing, and ought to be impeached for it. At the time of the military interference to which the gentleman referred, Kansas was not a State, but a territory. There was a Territorial Legislature called at Lecompton, but the pretended State Legislature to which the gentleman referred, was held out somewhere else. It was an unlawful assembly that President Pierce dispersed - a pretended State in a Territory. But in Louisiana, it is the case of a State with original rights. The gen- page: 49[View Page 49] tleman compares the breaking up of an unlawful attempt to usurp the functions of a State Government in a Territory, with the act of military interference with the Legislative authority of a State by turning certain of its members out of their places.
Another gentleman said that the Speaker of the House in Louisana was himself first to call for the interference of the military. The fact was that the Speaker asked that military officer to go to the mob in the lobby and disperse them, as they ought to have been, for the disturbance they were making; and that mob in the lobby was comprised of Republicans - political friends of the gentleman. The President had no right to inquire into the legality of the election of members there.
Let gentlemen meet us fairly on this question as to the right of the military arm to go into a Legislative body and declare as to who shall be entitled to seats there. Let them not talk about loyalty and the spirit of rebellion. For two years the Congress of the United States has been afraid to face this question. For two years the people of Louisiana have borne the oppression of a pretended government which has been thrown upon them by military force. Let not gentlemen drag out and hold up any more those bloody-bones and shake them in the faces of the people. The question is simply whether the Federal Government has the right to forcibly enter the Legislative halls of a State, and unseat its members; and it cannot be covered up by any side issue. The time is past, to drag in questions in regard to the war, and slavery and violence, and lawlessness in the South on all occasions. Admit that there have been ugly scenes and bad actions in Louisiana - that has nothing to do with the present question. The responsibility for the most of these must forever rest with the minority of this House, and their friends.
Mr. KENNEDY of Morgan replied. It was not claimed anywhere that the Legislature of Louisiana was organized under the laws and constitution of that State. Then what is the condition of things? It must be that that body was organized in the spirit of revolution. Dibble's letter asserts that for the last two years there has been no government in the State of Louisiana - that they were in a state of revolution. Then what was the duty of the Federal Government? It was to put down revolution. And what was done to the men that were forced into that Legislature by revolution as members of it, was right. A man went in there, assuming the Speaker's Chair, when he had no authority to do so; and a number of members left and attempted to organize another Legislature. It would be a similar' case, if such a thing were done in the Legislature of Indiana, if a minority of the members here had unlawfully proclaimed a Speaker in defiance of the lawful authority to organize this House. Such an attempt would have been a revolutionary and riotous act It is true that Dibble concludes in his letter, that there has been no fair election in Louisiana; and if gentlemen will read both sides they cannot avoid coming to the same conclusion. As for himself he would like to get upon middle ground on this question - get out of the way of both sides. Democrat papers charge the wrong upon the Republicans, and Republican papers charge the wrong upon the other party. Doubtless both may be wrong; but where there is so much smoke there must be some fire. Gentlemen here should be careful not to do injustice. We cannot pass this resolution without bringing upon ourselves a very grave responsibility. And after all, what signifies a party in the comparison with the good of the country? If the party or the Country is to be sacrificed, he would say at all times: Let the party be sacrificed.
Mr. TRUSLER now insisted upon the demand for the previous question, and there was a second: and the main question, Shall the joint resolution pass? being ordered and taken resulted - yeas 59, nays 37 - as follows:
Those voting in the affirmative are Messrs
- Arnold.
- Barney.
- Bellows.
- Bence.
- Brown, of Jasper.
- Brown, of Rush.
- Burson.
- Oaldwell.
- Cantley.
- Collins.
- Crane.
- Davidson.
- Davis.
- Edwards.
- Emerson.
- Evans.
- Gilbert.
- Gossman,
- Harris, of Madison.
- Havens.
- Haynes.
- Heller,
- Hendersom,
- Hopkins.
- Horn.
- Johnson, of Carroll.
- Johnson, of Dearborn.
- Keightley.
- Law.
- Martin, of Franklin.
- Martin, of Wells.
- Marvin, of Boone.
- Meginity.
- Miller, of Parke.
- Miller, of Vanderburg.
- Montgomery.
- McCord.
- McFaddden.
- McMichael.
- Nash.
- Osborn.
- Pate.
- Pattersen.
- Piatt.
- Ramsey.
- Reddick.
- Reno.
- Romine.
- Roseberry.
- Shaw.
- Snyder.
- Taylor, of Daviess.
- Thompson, of Marion.
- Walz.
- Washburn.
- Waterman.
- Willett.
- Williams, of Brown.
- Speaker. - 59.
Those voting in the negative are Messrs.
- Ames.
- Anderson.
- Bearss.
- Charters.
- Clark.
- Crumpacker.
- Dale.
- Darnall.
- Favorit.
- Forkner.
- Fulk.
- Harper.
- Harris, of Wayne.
- Heighway.
- Jackson.
- Kennedy, of Montg'y.
- Kennedy, of Morgan.
- Leeper.
- Lincoln.
- Morgan.
- Pfaflin.
- Ratliff.
- Ragan.
- Reeder.
- Ribble.
- Shaffer.
- Shortridge.
- Smith.
- Taylor, of Tipton.
- Thomas.
- Thompson, of Henry.
- Trusler.
- Twybell.
- Williams, of Lawrence Lanham.
- Woody.
- Wynn. - 37.
Absent and not voting, Messrs.
- Marvin, of Fountain.
- Glasgow.
- Kennedy, of Marion.
- Shugart.
So the joint resolution was passed the House of Representatives, and it was ordered that the Clerk acquaint the Senate thereof.
Mr. TRUSLER presented the petition of sundry citizens of Union county for a reduction of the pay of State and County officers, and for amendment of the assessment law, by restoring that repealed by the present law, which was referred to the committee on Fees and Salaries.
Mr. BURSON, Mr. SHAFFER, Mr. FORKNER, and Mr. RATLIFF, presented temperance petitions.
On motion of Mr, HELLER, it was
Resolved, That the clerk of the House be requested to furnish 200 copies of a list of the standing committees of the House.
Mr. REEDER submitted a resolution instructing the committee on public buildings for a Hospital for the incurably insane, which was referred to the committee on Benevolent and Scientific Institutions.
Mr. SHAW submitted a preamble and resolution declaring opposition to any increase to the court circuits, and the salaries of the Judges, which was referred to the committees on the organization of Courts of Justice.
On motion of Mr. HELLER, it was
Resolved, That we heard with great pleasure the able and exhaustive message of the Governor on Friday last, and whilst there may be those who will not indorse it all, we do indorse the same as unsurpassed by anything of the kind in the State of Indiana.
On motion of Mr. DALE, it was
Resolved, That a committee of three be appointed by the Speaker to inquire and report to the House, the number of attachees for the service of the House, and whether in their opinion their number may not be reduced without detriment.
Mr. FORKNER moved ineffectually for the reconsideration of Mr. Kennedy, of Montgomery's resolution for a committee of five to inquire into the expenses of the Judicial system.
Mr. CRUMPACKER introduced a bill [H. R. 93] to amend section 7 of the act of March 6, 1865, to amend the second section and to amend section 5 and 6 of the act to provide for the election of a reporter of the Supreme Court, and the speedy publication of the decisions of the Supreme Court, etc.; also, to'amend the 76th section of the act for the election of a Reporter to the Supreme Court, approved February 15, 1852.
Mr. THOMAS submitted a preamble and resolution, requesting the chairman of the committee on Fees and Salaries to cause that committee to proceed at once to the consideration of the different bills referred to that committee in reference to the compensation of members or the General Assembly, and report as soon as practicable; also, that the bill which they report shall have a clause for emergency.
Mr. DARNALL, (stating that it looks too much like an impeachment of the committee) moved that it be referred to the committee on Fees and Salaries.
Mr. HELLER moved ineffectually to lay it on the table - decided by yeas 5, nays 57.
The preamble and resolution was then referred.
Mr. RAGAN presented a temperance petition by citizens of Hendricks county. The House then took a recess till two o'clock, p. m.
AFTERNOON SESSION.
The SPEAKER resumed at two o'clock, p. m., and, under the rule, called the standing committees for reports, the several chairman responding, no report, and sometimes with announcements of committee meetings.
ORDERS FOR REFERENCE OF BUSINESS ON THE SPEAKER'S TABLE.
Mr. LANHAM'S per diem bill [H.R.47] was referred to the committee on fees and salaries.
Mr. HELLER'S Legislative expenses bill [H. R. 48] was laid on the table.
Mr. WILLIAMS, of Brown's assessment act amendment bill [H. R. 49] committee on county and township business.
Mr. WILLIAMS, of Brown's railroad bill [H. R 50] committee on railroads.
Mr. CANTLEY'S grand jury abolition bill [H. R. 51] committee on the organization of courts.
Mr. CALD WELL'S town corporation amendment bill [H. R. 52] committee on cities and towns.
Mr. ROMINE'S married womens contract bill [H. R. 53] committee on the Judiciary.
Mr. BARNEY'S practice act amend- page: 51[View Page 51] ment bill [H. R. 54] committee on the Judiciary.
Mr. BARNEY'S town corporation amendment bill [H. R. 55] committee on cities and towns.
Mr. WATERMAN'S school bill [H.R.57] committee on education.
Mr. GLARE'S Justices and Mayor's process bill [H. R. 58] committee on the Judiciary.
Mr. CLARE'S grand jury bill [H. R. 59] committee on the organization of courts.
Mr. CLARE'S assessment law amendment bill [H. R. 60] committee on rights and privileges.
Mr. McCORD'S justices act amendment bill [H. R. 61] committee on the Judiciary.
Mr. RAGAN'S township trustees bill [H. R. 62] committee on county and township business.
Mr. FAVORIT'S school examiners bill [H. R. 63] committee on education.
Mr. DAVIDSON'S court bill [H. R. 64] committee on the organization of courts.
Mr. LANHAM'S county commissioners pay bill [H. R. 65] committee on fees and salaries.
Mr. HARPER'S Attorney's fees bill [H. R. 66.] Committee on Rights and Privileges.
Mr. Speaker TURPIE'S change of corporate name bill [H. R. 67.] Committee on Education.
Mr KENNEDY of Montgomery's Road bill [H. R. 68.] Committee on Roads.
Mr. KENNEDY'S County Commissioners Road bill [H. R. 69.] Committee on Roads.
Mr. KENNEDY'S bribery bill [H. R. 70] Committee on Elections.
Mr. MEGINITY'S Grand jury and Justices jurisdiction bill [H. R. 71.] Committee on the Judiciary.
Mr. CRUMPACKER'S Railroad bill [H. R. 72.] Committee on Agriculture.
Mr. ROMINE'S resummoning wtiness bill [H. R. 73.] Committee on the Judiciary.
Mr. LEEPER'S Wild game bill [H. R. 74.] Committee on Agriculture.
Mr. EDWARDS stating that at the proper time he would move to increase the penalty for killing wild fowl game.
Mr. TAYLOR of Tipton's supplementary partition amendment bill [H. R. 75.] Committee on the Judiciary.
Mr. PFAFLIN'S liquor bill [H. R. 76.] Committee on Temperance.
Mr. PFAFLIN'S official notice in German papers bill [H. R. 77.] Committee on Printing.
Mr. HAVEN'S $500 exemption bill [H. R. 78.] Committee on the Judiciary.
Mr. HARRIS of Wayne's Decedents estates act amendent bill [H. R. 79.] Committee on the Judiciary.
Mr. COLLINS real property act amendment bill [H. R. 80.] Committee on the Judiciary.
Mr. COLLINS town corporation act amendment bill [H. R. 81.] Committee on Cities and Towns.
Mr. HORN'S Tippecanoe Monument bill [H. R. 82.] Committee on Public Expenditures.
Mr. NASH'S per diem bill [H. R. 83.] Committee on Fees and Salaries.
Mr. KENNEDY of Montgomery Practice act amendment bill [H. R. 84.] Committee on the Judiciary.
Mr. CLARE'S Justice Jurisdiction bill [H. R. 85.] Committee on Rights and Privileges.
Mr. DA VIS 27th Criminal Circuit abolition bill [H. R. 86.] Committee on the Judiciary.
Mr. CLARE'S Grand Jurors act amendment bill [H. R. 87.] Committee on the organization of Courts.
Mr. HELLER'S Town Corporation amendment bill [H. R. 88,] Committee on Corporations.
Mr. KEIGHTLEY'S Boards of Trade organization bill [H. R. 89.] Committee on Agriculture.
Mr. HAVENS' Supreme Court, appeals bill [H. R. 90] Committee on Fees and Salaries.
Mr. MARTIN of Franklin's per diem bill [H. R. 91] Committee on Fees and Salaries.
Mr. MORGAN, of Henry's joint resolution [H. R. 2] for fixing member's per diem at five dollars, etc., by a committee to report a bill, etc. was referred to the Committee on Fees and Salaries.
NEW PROPOSITIONS.
Mr. KENNEDY of Montgomery introduced a bill [H. R. 94] for an act supplemental to an act regulating the granting of Divorces, nullification of Marriages, and orders and decrees of Court incident thereto, etc., and declaring an emergency.
Mr. MARVIN of Boone introduced a bill [H. R. 95] for an act to amend section 2 of the act concerning the organizations of voluntary associations, and repealing former acts in relation thereto, approved February 12, 1855, as amended by act of March 9, 1861, and declaring an emergency.
Mr. EDWARDS introduced a bill [H. R. 96] for an act to amend the school law so as to allow each school district its equal share in the distribution of the fund, repealing, etc.
page: 52[View Page 52]Mr. COLLINS introduced a bill [H. R. 97] for an act to amend section 136 of the Civil Practice act of June 18, 1852.
Mr. HOPKINS introduced a bill [H. R 98] for an act defining the liabilities of mortgagors of real and personal property, repealing, etc.
Mr. FORKNER introduced a bill [H. R. 99] for an act to amend section 1 of the act to provide compensation to the owners of animals killed by the cars, locomotives or other carriages of Railroads and to en force the collection of judgments rendered on account of the same, repealing, etc.
Mr. BENCE introduced a bill [H. R. 100] for an act to amend the 7th section of an act to amend sections 15 and 16 of the act to provide for the election of a reporter and provide for the speedy publication of the decisions of the Supreme Court, approved February 28, 1855, and also to amend the 7th section of the act of February 5, 1852.
Mr. KEIGHTLEY introduced a bill [H. R. 101] for an act to regulate public warehouses, and for inspecting grainmaking warehouse receipts assignable, and providing penalties for issuing false and fraudulent receipts.
Mr. RAGAN introduced a bill [H. R. 102] for an act to incorporate the Indiana Horticultural Society.
Mr. TRUSLER introduced a bill [H. R. 103] for an act to amend an act providing for the protection of Fish, repealing all laws in conflict with the same, and providing penalties, approved February 17, 1871. [Unlawful to take fish between the first of March and the first of July.]
Mr. RATLIFF introduced a bill [H. R. 104] for an act to amend section 16 of the act concerning real property and the alienation thereof, approved May 5, 1862.
Mr. COLLINS introduced a bill [H. R. 105] for an act to amend section 1 of the act to amend section 15 of an act to provide for the opening, vacating and change of highways - approved March 17, 1852 approved March 9, 1857.
Mr. HAVENS introduced a bill (H. R. 106] for an act to amend section 5 of an act supplemental to an act to amend the 56th and 59th sections of an act to provide for the settlement of decedents' estates, etc., approved February 26, 1855, and to provide for the payment of costs in certain cases.
Mr. RENO presented the petition of Michael C. Kerr and Cyrus L. Dunham, against the abolition of the Clark & Floyd (27th) Criminal Circuit, and asked that it be referred to the same Committee charged with Mr. Davis' bill [H. R. 86] to abolish said Criminal Circuit.
Mr. DARNALL moved to reconsider the vote of to-day by which Mr. Davis' bill was referred to the Committee on the Judiciary, desiring it to be be referred to the Committee on the Organization of Courts of Justice, where it properly belongs, and stating that he was charged with a petition in reference to the matter.
Mr. DAVIS (who had objected before) now interposed no further objection, but reiterated that the bill is all right - the House will find it out in the end.
The vote was reconsidered, and the bill [H. R. 86] with all papers in relation to it was referred to the Committee on the Organization of Courts.
Mr. KENNEDY of Montgomery presented the petition of one thousand five hundred and fifty of his constituents against the repeal of the Baxter law.
Mr. COLLINS introduced a bill [H. R. 107] for an act to amend section 11 of the act concerning the partition of lands, approved May 26, 1852.
Mr. CHARTERS introduced a bill [H. R. 108] for an act limiting the power of County Commissioners.
Mr. WATERMAN introduced a bill [H. R. 109] for an act to provide for the removal of line-fences in certain cases, and prescribing the duties of Justices, Constables and applicants in relation thereto. [Ten months notice.]
Mr. TWIBILL introduced a bill [H. R. 110] for an act prescribing the number of members of the General Assembly of the State of Indiana. [Senate twenty-five - House fifty.]
On motion of Mr. WILLIAMS of Brown it was laid on the table; but subsequently -
On motion of Mr. MARVIN of Boone the vote was reconsidered, and the bill restored to its place in the calendar on the second reading.
Mr. KENNEDY of Marion, submitted a motion, ineffectually, to lay the bill on the table.
Mr. WYNN introduced a bill [H. R. 111] for an act defining grave robbery, prescribing punishment therefor, declaring an emergency.
WOMEN'S TEMPERANCE UNION.
On motion of Mr. Wynn it was
Resolved, That the Clerk be directed to invite the Senate to meet the House of Representatives in this Hall on the 21st of January, 1875, at 3 1/2 o'clock p. m. for the purpose of hearing addresses by Mrs. Ex. Governor Wallace and Mrs. Aveline of Ft. Wayne on the subject of Temperance.
page: 53[View Page 53]Mr. CLARK introduced a bill [H. R. 102,] for an act to amend sections one and two of the act to provide for the protection of wild game, and define the time in which the same may be taken and killed, and prescribing penalties, approved March 11, 1867, and also providing for the protection of certain birds, which took effect March 15, 1873.
These bills were passed to the second reading.
The House then adjourned, till to-morrow morning nine o'clock.
