HOUSE OF REPRESENTATIVES.
TUESDAY, Jan. 28-- 10 a. m.The SPEAKER called the House to order, and announced prayers by the representative from Washington county (Mr. MITCHELL.)
The reading of the journal was ordered, add the clerk proceeded to read until--
On the motion of Mr. LEHMAN the further reading was disposed with.
The SPEAKER called for reports from committees, which were submitted on the following described hills,the recommendations being concurred in by the House unless otherwise stated:
On Mr. Tulley's bill, [H. R. 227] to repeal the act for the protection of fish, recommending that it lie on the table.
On Mr. Schwitzer's bill, [H. R. 219] to repeal an act for the protection of fish, recommending that it lie on the table.
On Mr. Edwin's bill, [H. R. 19] for the protection of fish, recommending that it lie on the table.
On Mr Dalton's bill, [H. R. 17] to repeal the act for the construction of railroads by counties and townships ;, with an amendment recommending its passage.
Mr. HUMPHREYS and Mr. SHANKS submitted further amendments.
On the motion of Mr. OSBORNE, of Elkhart, the bill was laid on the table.
On Mr. Edwin's bill, [H. R. 214] to regulate passenger fare on railroads, with an amendment striking out the emergency clause, and recommending passage.
Mr. OSBORNE, of Elkhart counseled carefulness in voting concurrence in such committee reports, as the effect was the amending of the bill. 0n his motion the bill was ordered engrossed for the 3d reading.
On Mr. Davidson's bill, [H. R. 62] for the organization of county boards, with a recommendation of indefinite postponement
On Mr. Copeland's bill [H. R. 287] to abridge the duties of county superintendent, with the recommendation that it be referred to the committee on education.
On Mr. Mitchell's bill [H. R. 313] to provide for a more speedy way of listing personal property, with the recommendation that it be indefinitely postponed.
On Mr. Baker's bill [H. R. 41] to repeal an act regarding eligibility to office of township trustee, recommending its passage.
Mr. BAKER explaining that the object of the bill was to legalize the election of last April.
Mr. OSBORNE of Elkhart, thought the bill transcended the power of this Legislature.
Mr. OVERMEYER read from page 79 of the acts of the special session of 1877, the act that this bill proposed to repeal. He was opposed to the repeal of this law, and declared that there was never a better law on the subject. The principal business of the trustee was to levy taxes, and he could so manipulate matters as to hold on to his office for a longer time than was profitable to the tax-payer. It was for that reason that the law of two years ago was passed. The trustee would go out of office by statute limitation. He was opposed to concurring in the report of the committee, and on his motion it was laid on the table.
Mr. LEHMAN offered an amendment, which was adopted, to strike out the first section.
Mr. WORKS make an ineffectual motion to lay the bill on the table.
Mr. SLEETH said that the motion to strike out the first section strikes out the enacting clause, and has the effect to destroy the bill.
Mr. VANPELT and Mr. CALDWELL thought the bill of sufficient importance to merit the consideration of the House, and hoped it might come up yet in some shape.
Mr. OSBORN, of Elkhart, said the bill was gone from the action of the House, and on his motion It was indefinitely postponed.
On Mr. Edwin's bill [H. R.213] to authorize sheriff's to administer oaths, with a substitute therefor [H. R. 364] authorizing sheriffs to administer oaths in all matters pertaining to the duties of their office. The bill was read the first time and passed to the second reading.
The Judiciary Committee in answer to a resolution heretofore passed the House reported, that in the absence of any law compelling county officials to furnish the necessary information it is impossible for the committee to determine the expense of the judicial system. It would be inexpedient to limit the right of appeal from justices. The business of the State does not require the enlargement of the judicial circuits. Some parts of the State the circuits are already too large. It would neither be judicious nor economical to increase the jurisdiction of Justices of the Peace or enlarge judicial circuits.
The report was accepted, and laid on the table.
The committee also returned the bill [H. R. 340--Mr. Humphrey's]for legislative apportionment, recommending passage with sundry amendments.
Mr. KIRKPATRICK submitted a minority report recommending that the bill lie on the table. He thought the committee was all along disposed to be fair in this matter, but the Republican members of the committee felt compelled to present a minority report, because the counties of Lagrange and Steuben get by this bill but one representative, while such counties as Perry, Owen, Pike and Lake each get a representative, no one of which page: 79[View Page 79] counties have a population equal to either Lagrange or Steuben. In the second place the proposed senatorial districts are formed in such a manner as till at the strong Democratic counties which helped to elect senators last fall will be allowed to vote together again at the next election. And then again in the manner in which their floats are distributed to bear down the Republican majority in Marion county.
Mr. GORDON, in order that members may have time to consider this bill, moved it be made the special order for Tuesday next at 2 o'clock.
Mr. HUMPHREYS stated that the Republican have a larger representation in this bill than the Democrats, so far as members are concerned. When the vote was put in the committee room last night there was not a dissenting voice.
Mr. OVERMEYER cited figures which made him think this does not look like a fail-bill. He would like to see it considered in committee of the Whole House, and made that motion.
Mr. GORDON accepted the amendment. He wanted only a fair apportionment--the districts to be contiguous and giving a fair representation to the minority. There can be but two great political parties, and they are the means through which the people express themselves. He insisted on a fair representation without reference to party. Wherever a district is formed in which a nomination is equivalent to an election, you wink at corruption.
Mr. HUMPHREYS moved to make this subject the special order for 10 o'clock Friday.
Mr. CALDWELL said the excitement over this bill has grown up since the adjournment of the committee last night.
Mr. SHANKS was a member of the committee. There seemed to be a show of fairness in the committee room, and he did not propose to condemn their action. The Republican members of the committee were nearly all from one portion of the State, and did not know as well as they should about other portions of the State. He desired further time to consider the provisions of this bill.
The motion (Mr. Humphrey's] was agreed to.
On motion by Mr. COMPTON his bill [H. R. 7] regulating the working of coal mines way ordered engrossed for the third reading.
On motion by Mr. ALLEN the bill [H. R. 15--Mr. Lehman's] legalizing Edinburgh town elections was ordered engrossed.
On motion by Mr. DRAKE the bill [H. R. 15--Mr. Reed's] concerning cemeteries was ordered engrossed.
Then came the recess till 2 o'clock p. m,
AFTERNOON SESSION.
The SPEAKER proceeded with the call by counties for the introduction of bills, resolutions, etc.
Mr. CALDWELL offered a resolution, which was adopted, for a joint convention of the two houses, on February Sat 10 o'clock a. m., for the election of a librarian and directors of the State prisons north and south.
By Mr. CAMPBELL, H. R. 365] to protect public highways and ditches from animals running at large.
By Mr. HART, [H. R. 366] to reduce the salaries of members of the General Assembly to $4 per day.
Mr. DONNELL [H. R. 367] to limit the number and increase the jurisdiction of justices of the peace.
By Mr. MARCH, a resolution, which was adopted, that the Superintendent of Public Instruction be requested to report to this House to what extent, if any, the rate of taxation for school purposes in the local levies can be reduced without injury to the efficiency of the common schools.
By Mr CAREY, [H. R. 368] for the relief of George M. Winchell and other sureties of Jos, D. Bearley, a defaulting trustee.
By Mr. HUMPHREY, [H. R. 369] to amend section 5 of an act to provide for a uniform assessment of property. Also [H. R. 376] to repeal an act, amending section 316 of the general practice act.
By Mr. HANDY, [H. R. 371] creating the Forty-third Judicial Circuit.
By Mr. CUNNINGHAM, [H. R. 372 ] to repeal section 1 of an act to amend section 3 of an act of the common school law.
By Mr. WIMMER, [H. R. 373] to amend section 2 of an act in relation to trespassing animals.
By Mr. OVERMEYER, [H. R. 374] to amend section 2 of an act in relation to county auditors, approved May 31, 1852.
By Mr. OVERMEYER, [H. R. 375] concerning parties to actions.
By Mr TAYLOR,of Legrange, [H. R. 376] for an act defining certain misdemeanors.
By Mr. EDWINS, [H. R. 377] to regulate the practice of medicine.
By Mr. GORDON, [H. R. 378] supplemental to an act defining misdemeanors. Also, a resolution that the Committee on Ways and Means report a bill exempting property of unmarried women of the age of 21 years from taxation. He said the principle in this resolution was identical with the principle that precipitated the war of the revolution.
Mr. SLEETH referred to the resolution as unconstitutional, and while willing to be as gallant as the gentleman from Marion [Mr. Gordon], he was not willing to sacrifice his conscientious scruples on the alter of gallantry. Such a provision can only be enacted after amendment of the organic law.
Mr. GORDON. The constitution can be so amended and if the object desired cannot be otherwise attained be should favor amendment of the constitution.
Mr. OVERMEYER moved to amend by instructing the committee to report a bill conferring the right of suffrage.
Mr. GORDON accepted the amendment.
Mr. HANDY moved to lay the resolution on the table.
This motion was agreed to by yeas 44, nays 42.
Mr. SAINT offered a resolution instructing the Committee on elections to inquire into the expediency of reporting a bill conferring the right of suffrage upon unmarried women owning real estate subject to taxation.
Mr. SHANKS made an ineffectual motion to strike out the word "unmarried."
Mr. SLEETH was willing to vote for instruction to the committee as to the propriety of extending to all women the right of suffrage. He did not want to discriminate against unmarried women. A woman should not be disfranchised because she may be either married or unmarried.
Mr. SAINT desired the sense of the House as to whether it was willing to grant the right of suffrage to women who are tax-payers.
Mr. HANDY moved to lay the resolution on the table.
The yeas and nays being demanded and taken resulted--yeas 42, nays 46.
So the motion was rejected.
Mr. 0VERMEYER to amend so that the committee inquire into the expediency of conferring the right of suffrage upon all women.
Mr. SAINT accepted the amendment.
The yeas and nays being taken, resulted--yeas, 58; nays, 28.
So the resolution was adopted.
page: 80[View Page 80]By Mr. MIERS, [H. R. 379] for an act to prevent railroad accidents.
On motion the House proceeded to take up the business on the speaker's table.
The SPEAKER laid before the House a communication from the governor relative to the Antiedan cemetery; also from the trustees of the Prison South relating to expenses, and from the trustees of the Deaf and Dumb Asylum on the same subject matter.
The bill [S. 4] to abolish the superior court in the county of Wayne coming up, was read the third time and passed the House of Representatives by--yeas 79, nays 2.
Engrossed bill [S. 51] fixing the time of holding circuit courts in the Eleventh judicial circuit coming up in order, was read the third time and passed the House of Representatives by--yeas 77, nays 1.
And then the House adjourned.
