HOUSE OF REPRESENTATIVES.
THURSDAY, January 14, 1875.The SPEAKER called the House to order at 9 o'clock, a.m., and directed the Clerk to read the Journal of yesterday, and the same was read and authenticated.
Mr. KENNEDY, of Montgomery, from the committee on the Judiciary, returned bill [H. R. 30] to provide for the prosecution of criminal actions by information, with amendments, 1, after word "witnesses" insert these words: ''not exceeding three," second strike out the 4th section, and so amended the committee recommend the passage of the bill.
The amendments were adopted, and the report concurred in, and then the bill was to be engrossed.
NEW PROPOSITIONS.
The SPEAKER now repeated the call of counties and districts for bills and resolutions.
Mr. WILLIAMS, of Brown, introduced a bill [H.R. 113] for an act to amend sections 3, 4 and 5 of an act to amend an act to provide for a general system of common schools, etc.
Mr. CANTLEY introduced a bill [H.R. 114] title not read - railroads may demand not exceeding three cents a mile for any distance more than eight miles for each passenger, and for property not exceeding five cents per town, for any distance exceeding 30 miles, and for less than thirty miles not more than 6 cents per ton, etc.
Mr. BENCE introduced a bill [H.R. 115] title not read, regulating the sale of drugs and medicines. Druggists may not sell certain drugs except upon the prescription of a physician, and other certain drugs except they be scientifically compounded.
On motion of Mr. CALDWELL, it was
Resolved, That the committee on the Judiciary by instructed to inquire what further Legislation, if any, is necessary to secure a fair an equitable assessment of property for taxation as required by the Constitution, and report by bill or otherwise.
Mr. TAYLOR, of Daviess, submitted a preamble and resolution reciting that there is a large amount of stationery with the State Librarian, known as the Braden stationery, giving history of its purchase to Braden & Burford, and the refusal of the General Assembly to accept such portion of said stationery as could be used otherwise than by the Legislature, that that a large portion of was thrown upon the hands of the Secretary of State, that it is at present in the hands of the Librarian, in quantity sufficient for the supply of the present session of the General Assembly with stationery, excepting engrossing and enrolling paper, therefore,
Resolved, That the Secretary of State furnish a complete statement of the amount of stationery belonging to the State now in his possession, stating also where purchased and by whom; and that said report be made at as early a period as possible.
Mr. WYNN desired the resolution to be amended by inserting the words, "at what price that same was purchased." His recollection was that one of the reasons why that stationery was not accepted, was a difficulty about the price. - The amendment and the resolution as amended, were adopted. Mr. SHAW introduced a bill [H.R. 116] for an act supplemental to an act concerning licenses to send foreign merchandize, and to exhibit any caravan menagerie, dancing puppet show, or legerdemain, approved June 21, 1852.
Mr. WATERMAN introduced a bill [H. page: 58[View Page 58] R. 117]- title not read. All county and township officers shall account for the interest or per centage which they way receive on all public moneys coming under their control - this act not to be construed so as to authorize such loaning of the public funds.
Temperance petitions were presented by Messrs. OSBORN, TRUSLER, MARVIN of Fountain, FULK, RAGAN, BROWN of Jasper, McFADDEN, WILLIAMS of Lawrence, KEIGHTLEY, SHORTRIDGE, PFAFLIN, DALE, HARRIS of Wayne and MARTIN of Wells, which were severally referred to the Committee on Temperance.
Mr. TRUSLER introduced a bill [H. R. 118] for an act to amend section five of an act to amend an act to provide for a general system of common schools, the officers thereof, their respective powers and duties, etc, approved March 6, 1865, and adding supplemental sections thereto, approved March 8, 1873.
Mr. DAVIS presented by request, a resolution of the County Board of Floyd county, for the abolition of that Criminal Circuit for the counties of Floyd, and Clark, which was referred to the Committee on the Organization of Courts of Justice.
Mr. RAMSEY introduced a bill [H. R. 119] for an act to amend sections 6 and 9, and repealing sections 11 and 12 of the act approved March 9, 1873: (regulating the salary, powers, and duties of the Attorney General.)
Mr. FAVORIT introduced a bill [H. R. 120] for an act defining the powers and duties of Justices of the Peace in Criminal cases, repealing certain laws, and declaring an emergency.
Mr. LANHAM submitted a resolution declaring the deep regrets of the General, Assembly on the announcement, of the death of Milton B. Hopkins, late Superintendent of Public Instruction of the State of Indiana, which was adopted unanimously by members rising from their seats.
Mr. HOPKINS presented a bill by a party claiming extra Clerk hire, which Was referred to the Committee of Claims.
Mr. SNYDER introduced a bill [H R. 121] for an act prescribing that actions may be entered for the recovery of debt, Obligation or contract in any township where the contract was created, as well as where the defendant resides, and declaring an emergency.
On motion of Mr. ROSEBERRY it was
Resolved, That the Doorkeeper of the House be requested to report the cost of committee rooms.
Mr. KENNEDY of Montgomery introduced a bill [H. R. 122] for an act providing that in trials by jury, two-thirds of the jury may make a verdict.
He also presented a temperance petition signed by twelve hundred citizens; and also a petition on the subject of destruction of birds; which were appropriately referred.
Mr. CRUMPACKER presented the claim I.J. Ferris; which was referred to the Committee on Claims.
Mr. BURSON introduced a bill [H. R. 123] for an act to amend section 208 of the Practice act of June 18, 1852. [Concerning cases in change of venue.]
Also a bill [H. R. 124] for an act to amend an act entitled an act concerning promissory notes, bills of exchange, bonds, or other instruments in writing executed by any person promising to pay money, to deliver any specific article, or to convey any property, etc., approved March 11, 1861, and repealing all laws in conflict therewith. [It amends section 3, repeals sections 2, 5 and 6; and repeals an act of May 12, 1852.]
Also a bill [H. R. 125.] tor an act to amend an act entitled an act to provide a general system of common schools, etc. approved Mar. 8th. 1873. [It amends sections 4 and 5,certain cities exempt from County Superintendents. [County Superintendents to receive three dollars for each day's service.]
Mr. REEDER introduced a bill [H. R. 126} for an act regulating interest on money, and providing for attorney's fees when paid by defendant. [Lawful interest six per cent such attorney's fees to be five dollars, and two dollars before a Justice of the Peace.]
Mr. REDDICK introduced a bill [H. R. 127] for an act to regulate the fees, and salaries of county treasurers of the several counties of the State of Indiana. [5 per cent on first $25,000 and 2 per cent. for over.]
Mr. BROWN, of Rush, presented a temperance petition by citizens of Decatur county, which was referred.
Mr. TAYLOR, of Tipton, introduced a bill [H. R. 128] for an act to repeal section 55 of an act to amend an act to organize and regulate'general banking, approved March 3, 1855, and to provide for turning over into the general fund certain moneys therin named.
On motion of Mr. GILBERT, it was -
Resolved, That the Auditor of State be requested to furnish a full and complete
page: 59[View Page 59]list of the employee of the House of Representatives during the session of 1873, together with the amount paid said employees.
Mr. HAVENS introduced a bill [H. R. 129] for an act to amend an act to incorporate the Indiana Fire and Marine Insurance Company, approved February 13, 1861.
Mr. DALE submitted a resolution for a special committee of three, whose duty it shall be to communicate with the Auditor of State, and ascertain what has been the cost to the State yearly for the BREVIER REPORTS, and report whether said Reports are necessary.
Which was adopted.
On motion of Mr. DAVIS, it was
Resolved, That the Judiciary Committee be instructed to inquire and report as soon as practicable whether or not there is any vacancy in the office of Trustee 0f the Blind Asylum to be filled by the present Legislature.
Mr. MARVIN, of Boone, presented the memorial of C. W. Gibson, of Boone county, who was a soldier in the Mexican war, and he asks that a joint resolution of this Legislature be amended so as to instruct for a pension for all soldiers who served in the Mexican war.
Which was referred to the Committee an Federal Relations.
Mr. CANTLEY introduced a bill [H. R. 130] for an act to exempt specific articles of personal property from execution. [Belonging to married women and females over 21 years of age.]
The foregoing bills were severally read and passed to the second reading.
ORDERS FOR THE DIRECTION OP BUSINESS ON
THE
SPEAKER'S TABLE.
The Speaker now took up the regular order of business.
The joint resolution [S No. 3] to make temporary provision for the public printing was read and passed to the second reading.
Mr. Harper's Railroad Fence bill [H. R. 92] was referred to the Committee on Railroads.
Mr. Crumpacker's Supreme Court Reporter bill [H. R, 93] -
and Mr. Kennedy of Montgomery's Supplemental Divorce bill [H. R. 94] were referred to the Committee on the Judiciary.
Mr. Marvin of Boone's Voluntary Association bill [H. R. 95] was referred to the Committee on Agriculture.
Mr Edwards' Equalizing School Fund bill [H. R 96] was referred to the Committee on Education.
Mr. Collins' Practice Act Amendment bill [H. R. 97], and -
Mr. Hopkins' Liability of Mortgages bill [H.R. 98] were referred to the Committee on the Judiciary.
Mr. Forkner's Compensation for Railroad Damages bill [H. R. 99] was referred to the Committee on Railroads.
Mr. Bence's Supreme Court Reporter bill [H. R. 100] was referred to the Committee on the Judiciary.
Mr Cantley's Public Warehouse bill [H. R. 101] was referred to the Committee on Corporations.
Mr. Ragan's Indiana Horticultural Society bill [H. R. 102] - Committee on Agriculture.
Mr. Trusler's Fish Act Amendment bill [H. R. 103] - Committee on Rights and Privileges.
Mr. Ratliff's Mortgage Record bill [H. R. 104] - Committee on the Judiciary.
Mr. Collins' Highways bill [H. R. 105] was Referred to the Committee on Roads.
Mr. Havens' Decedents estates settlement bill [H. R. 106] and
Mr. Collins' Partition of Lands bill [H. R. 107] were referred to the Committee on the Judiciary.
Mr. Charters' County Commissioners bill [H R. 108] Committee on County and Township business.
Mr. Waterman's Line Fence bill [H. R. 109] - Committee on Agriculture.
Mr. Twibill's Number of Members of the General Assembly bill - [H R. 110] coming up
Mr. Thompson, of Henry, moved that it be indefinitely postponed.
On motion of Mr. LANHAM the motion was laid on the table.
On motion of Mr. DAVIS, the bill was referred to tie Committee on Elections.
Mr. Wynn's Grave-robbing bill [H. R. 111] was referred to the Committee on Rights and Privileges.
Mr. Clark's Wild Game protection amendment bill [H. R. 112] was read and referred to the Committee on Agriculture.
NEW PROPOSITIONS.
On motion by Mr. DARNALL, it was
Resolved, That the Judiciary committee be instructed to inquire into the legality and propriety of having only six pettit Jurors for trial in civil causes in this State, and report by bill or otherwise.
MR. KENNEDY, of Marion, introduced a bill [H. R. 131] for an act to regulate the sale of intoxicating liquors, to provide against the evils resulting from any sale thereof, prescribing penalties,and repealing all former laws for this purpose, and declaring an emergency.
Which was read and ordered to the second reading.
The House then took a recess till two o'clock, p.m.
page: 60[View Page 60]AFTERNOON SESSION.
The SPEAKER resumed the Chair at 2 o'clock p. m.
TERRE HAUTE AND INDIANAPOLIS R. R.
Mr. EDWARDS submitted a preamble and resolution, reciting that the twenty-third section of the charter of the Terre Haute and Indianapolis Railroad Company, which was approved on the 26th of July, 1847, provides that certain surplus profits of that Railroad shall be paid over to the Common School Fund of the State, which said company has failed to do, and so become indebted to the State in a large amount, therefore,
Resolved, That the Committee on Railroads be requested to ascertain whether said Terre Haute and Indianapolis Railroad Company have complied with the said section twenty-three of their charter, and for this purpose, said committee are authorized to send for persons and papers belonging to said Railroad Company, and all other persons and papers to obtain the facts in the case.
Mr. HAVENS would like for the gentleman from Putnam to make a settlement of the matter in his resolution.
Mr. HELLER. This question was killed last session in the shape of a bill to relieve that Railroad Company. He would vote for the resolution.
Mr. HAVENS desired to know if this matter was not submitted by the proper authorities to be settled in the court?
Mr. HELLER could not answer as to that.
Mr. BEARSS moved that the resolution, be referred to the Committee on Railroads.
Mr. WILLIAMS, of Brown, was persuaded that a large sum of money is due from that Railroad Company to the School Fund, and would vote for the resolution.
Mr. EDWARDS had but partial information of the tacts, and introduced the resolution that the House might be fully advised. Mr. KENNEDY of Montgomery understood that the Attorney General has brought suit against the Railroad company; and, with that state of facts, he supposed the House has nothing now to do with it.
Mr. BENCE moved that the resolution be postponed; which he subsequently withdrew.
Mr. FORKNER preferred an amendment instructing the Attorney General to report the facts. He made that motion.
Mr. BEARSS withdrew the motion to refer: the amendment making it directory to the Attorney General was adopted; and then the resolution as amended was adopted.
Mr MORGAN introduced a bill [H. R. 132] for an act to prevent the indiscriminate shooting into wild pigeons when they are nesting, and fixing a penalty therefor, and declaring an emergency.
He also presented the petition of certain citizens of Hendricks county for the passage of this bill.
Mr. HORN introduced a bill [H.R. 133] for an act to regulate the sale of real estate and personal property for purposes of taxation, providing for the election of Assessors and fixing their compensation. [County assessors to be elected for six years, and Township assessors for two years- in the equalizations, real property to be assessed at half value, and personal property at full value.]
Mr. KENNEDY of Marion submitted a motion, ineffectually, to lay it on the table.
Mr. COLLINS introduced a bill [H. R, 134] for an act to amend an act to amend the 17th section of an act providing for the organization of county Boards, and prescribing some of their duties, approved June 17, 1852, and March 4, 1869. [County Boards may borrow money to the, extent of one per cent of the assessment value of county property.]
Mr. DARNALL presented the memorial of the County Commissioners, Township Trustees and Justices of the Peace of Clark county against the passage of Mr. Davis' bill [H. R. 86] for the abolition of the Floyd and Clark Criminal Circuit; which was referred to Committee on the Organization of Courts of Justice.
Mr. PATE introduced a bill [H. R. 135] for an act regulating the public sale of real estate, and defining the duty Sheriffs therein.
Mr. KENNEDY of Marion introduced a bill [H. R. 136] for an act to provide for the speedy collection of money due to laborers from those by whom they are employed. [To be no stay of execution sale in five days-without benefit of valuation and appraisement laws.]
The foregoing bills were severally passed to the second reading.
COMMITTEE CLERK - SECRETARY.
Mr. DAVIS submitted a resolution, that the Committee on the Judiciary be authorized to employ a Clerk to enable them to fully discharge their duties.
Mr. HELLER and others objecting, that the order would be an infraction of law -
Mr. HAVENS suggested to substitute, That the Committee on Judiciary be instructed to report a bill to authorize the needful Committee Clerks.
The SPEAKER suggested the readier page: 61[View Page 61] say - to change the resolution so as to read "Secretary," instead of "Clerk."
Mr. DAVIS accepted the modification; and moved that the Committee on Ways and Means be included in the resolution; that they may also have a Secretary.
Mr. CALDWELL. The duties of the Committee on Ways and Means, of which he is chairman, absolutely require that we shall have a Secretary.
Mr. LANHAM. No doubt both these committees need a clerk or secretary; but it becomes us to be economical - with all deference to the views of the Chair and gentlemen he objected to the avoidance of the law by the using of "Secretary" instead of "Clerk." He demanded the yeas and nays on the question: but the second not rising for the demand, the resolution, as - modified and amended was adopted on division - affirmative 38, negative 28.
Mr. MARTIN of Wells, from the Committee on the Judiciary (by unanimous consent) now reported on Mr. Davis' resolution of inquiry addressed to that committee as to vacancy in the trusteeship of the Institution for the Education of the Blind, that there is but one trustee for that Institution to be elected at the present session, and that is to fill the vacancy to be made by the expiration of the term of Mr. Byfield, and he reported a resolution to that effect, which was adopted.
Mr. ROMINE (by request) introduced a joint resolution [H. R, No. 4 ] for instructions, etc., for a law to equalize the bounty amongst all honorably discharged soldiers of the war for the Union.
The House then adjourned
