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Brevier Legislative Reports, Volume XVII & XVIII, 1879, 360 pp.
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HOUSE OF REPRESENTATIVES.

MONDAY, Feb. 10,1879-- 10 a. m.

The SPEAKER [Hon. Henry S. Cauthorne, of Knox county] called the House to order, and stated the reading of the journal would be deferred until the afternoon session, and that bills on their 2nd reading would be taken up and advanced on the calendar.

NEW PROPOSITIONS.

The following described bills for acts were introduced, read the first time and severally passed to the second reading.

By Mr. MIERS, [H. R. 525] for an act to amend sections 2,3,5,11, 16 and 26 of an act fixing the fees and salaries of the officers therein named, and prescribing their duties.

By Mr. FAULKNER, [H. R. 528] to amend sections 8 and 46 of an act to divide the State into judicial circuits--approved March 6, 1873,

Mr. FAULKNER offered a resolution which was adopted, that the judiciary return the bill [H. R. 317] defining defamation of character, with or without amendments.

The SPEAKER (Mr. Handy in the chair) offered petitions signed by numerous citizens of Weidner township, Knox county, praying for the passage of the following described bill:

By the SPEAKER (Hon. H. S. Cauthorne), [H. R. 527] for an act for the relief of sureties of Thos. F. Chamber, trustee of Weidner township, Knox county.

By Mr. MEARS, [H. R. 528] to amend section 1 of an act to define the salary of the governor-- $4,000.

By Mr. PERRY, [H. R. 529] to provide for the reappraisement and sale of lands forfeited to the State common school fund.

By Mr. CONNER, [H. R. 530] to prevent the sale of liquors on fair grounds.

By Mr. CONNER, [H. R. 531] to amend an act to encourage agriculture fairs--county commissioners may purchase lands for county fairs, not to exceed in cost $5,000.

By Mr. GORDON, [H. R. 532] to amend section three of an act to render taxation for common schools uniform, and to provide for the education of colored children in the common schools--colored children shall have equal privileges with other children.

By Mr. GORDON. [H. R. 533] for an act to amend section 573 of the general practice act.

By Mr. GORDON, [H. R. 534] for an act providing for a constitutional convention--to take the sense of the people on the subject in 1880.

By Mr. GORDON [H. R. 535] for an act to regulate the practice of medicine, in midwifery and surgery.

Mr. GORDON offered a joint resolution, which was referred to the committee on federal relation, requesting our senators and representatives in Congress to use their influence for the passage of an act which shall effectually prohibit the conferring upon the same person the office of the clerk of the district court, and that of clerk of the circuit court, in any district of the United States, and which shall effectually prohibit any circuit or district court of the United States, or judge thereof, from appointing any clerk of either of said courts to the office or trust of master in chancery, or master commissioner in any matter pending in either of said courts, and providing that said several appointments and offices shall in no case be held or exercised by the same incumbent.

By Mr. WILLIARD, [H. R. 536] to create a bureau of statistics.

By Mr. WILLIARD, [H. R. 537] to amend section 13 of an act providing for the organization of circuit courts.

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Mr. Shanks offered the following resolution, which was referred to the committee on ways and means:

Whereas the following facts are true:

  • That the State of Indiana is entirely without a State House or convenient place for the General Assembly to meet.
  • That the State is paying rent for necessary rooms, in which to transact its business.
  • That the State has already determined to build a new State House and has commenced the same.
  • That the material for the construction, finished and furnishing of such a building are cheaper now than we can reasonably expect or desire that they should remain.
  • That all buildings in this climate are liable to injury from exposure if delayed in their construction after commencement.
  • That the people are not prepared to meet in a brief time the necessary tax for the construction of the new State House; therefore, be it

Resolved, That the committee on ways and means be hereby required to inquire into the expedience of providing by law for the issue of bonds of the State bearing a rate of interest not exceeding five per cent. per annum. payable by installments, fixed at times to meet the income revenues from taxes levied and to be levied for the purpose of building said State House. Said bonds to be sold at not less than par; to be sold by the State officers, and without commission, and the proceeds thereof to be applied to the construction of the new State House and for no other purpose whatever.

WORK FOR COMMITTEES.

The following bills were read the second time and referred to appropriate committees unless otherwise stated:

Mr. Reed's, [H. R. 457] to amend section 6 of an act to divide the State into circuits for judicial purposes.

Mr. Donnell's, [H. R. 458] to limit the time for beginning action for the recovery of real estate purporting to be conveyed by married women.

Mr. Reicheldafer's, [H. R. 459] to legalize the act of the board of commissioners of Allen county, and the acts of the common council in the city of Fort Wayne, in relation to annexation of real estate thereto.

Mr. Reicheldafer's, [H. R. 460] to amend section 2 of an act in relation to the opening and widening of streets and alleys.

Mr. Campbell's, by request, [H. R. 461] for an act regulating the practice of medicine--practitioners shall possess a diploma. If not a graduate shall pass an examination before the State board of health.

Mr. Campbell's,[H. R. 462] to repeal an act to establish a superior court in Cass county, and to create the twenty-ninth and thirty-ninth judicial circuit, and fixing a time for the holding of the courts therein.

Mr. Hart's, [H. R. 463] to exempt $500 of property from taxation belonging to persons over 70 years of age.

Mr. March's, [H. R. 464] to amend section 2 and 3 of an act defining who are persons of unsound mind.

Mr. Carey's, [H. R. 465] to amend section 8 of an act to prevent fraudulent and illegal voting, approved May 13, 1869.

Mr. Carey's, [H. R. 466] authorizing and empowering boards of county commissioners to make appropriations for the relief of their respective counties in certain cases.

Mr. Davidson's, [H. R. 467] to amend section 18 of an act of May 14, 1852, regulating decedent's estates, and the apportionment of estates.

Mr. HEROD offered an amendment, which was referred with the bill, without reading.

Mr. Humphrey's, [H. R. 468] to cheapen the cost of textbooks, and to prevent too frequent changes in the common school books.

It was referred to a special committee of five, consisting of Messrs. Conner, Humphreys, Miers, Dailey and Shanks.

Mr. Handy's [H. R. 469] To prohibit the sale or transfer of county orders where the persons holding the same owe taxes.

Mr. Handy's [H. R. 470:] Defining certain rights of parties litigant, and some of the duties of judges, etc., limiting argument, etc.

Mr. Lindley's [H. R. 471:] To enable owners of wetlands to drain the same when it can not be done without injury to adjacent lands.

Mr. Lindley's [H. R. 472:] Fixing the number and defining the jurisdiction of justices of the peace.

Mr. Vanpelt's [H. R. 473:] To legalize errors and imperfections in the description in articles of association in the organization of turnpike, gravel, and macadamized roads, etc.

Mr. Kirkpatrick's [H. R. 474:] To amend section 19 of an act of May 29, 1875, prescribing the power of justices of the peace in State prosecutions.

Mr. Kirkpatrick's [H. R. 475:] To authorize boards of county commissioners to purchase lands on which to hold county fairs--not to exceed forty acres--provided the title shall be in the county, and subject to the order of the commissioners.

Mr. Lehman's (by request) [H. R. 476:] To punish the embezzlement of railroad tickets.

Mr. Lehman's, [H. R. 477:] To define and punish the crime of burglary and housebreaking.

Mr. Lehman's, [H. R. 478:] To amend section 24 of act of June 10, 1852, defining felonies.

Mr. Vawter's, [H. R. 479:] to amend section 13 of an act of June 15, 1852, providing for the organization of county boards.

Mr. Overmyer's, [H. R. 480] to amend section 13 of an act of June 15, 1852, to establish and regulate ferries--defining a misdemeanor.

Mr. Thayer's, [H. R. 481] to protect a homestead in certain cases--40 acres and improvements or one lot in town or city and improvements.

Mr. Fancher's, [H. R. 482] prescribing what kind of judgment shall be rendered in cases of suits to recover damages for the injury of trees.

Mr. Edwin's,[H. R. 483] to amend sections 647,648, and 650 of the general practice act of June 18,1852.

Mr. Edwin's, [H. R. 484] to prohibit school teachers from expelling scholars from common schools for want of a special textbook.

Mr. Saint's, [H. R. 485] to amend section 49 of an act to provide for a uniform assessment of taxes, etc., approved December 21,1872.

Mr. English's, [H. R. 486] to divide the State into congressional districts.

Mr. Willard's,[H. R. 487] for the vacation of public squares in certain cases.

Mr. Willard's, [H. R. 488] to amend section 569 of the general practice act of June 18,1852.

Mr. Robinson's [H. R. 489] to authorize the erection of county workhouses and commitments thereto, etc.,

Mr. Stucker', [H. R. 490] To make additional provisions for the change of venue in superior, criminal and circuit courts.

Mr. Stucker', [H. R. 491:] To explain and define the general act in relation to the distribution and use of the common school fund.

Mr. Stucker',[H. R. 492:] To amend section 53 of an act to provide for a uniform assessment of taxes, approved December 21, 1852.

Mr. Bearss', [H. R. 493:] To prevent breechy animals from running at large.

Mr. Herod's, [H. R. 494:] For the relief of Joel S. Davis, of Bartholomew county.

Mr. Shauck's, [H. R. 495:] To repeal the act page: 130[View Page 130] exempting from taxation certain lands taxed for city purposes, approved March 13, 1877.

Mr. Osborn's bill, of Elkhart, H. R. 498: For an act concerning decedents' estates.

Mr. Osborn's, of Elkhart, [H. R. 497:] To amend section 466 of the general practice act.

Mr. Osborn's, of Elkhart, H. R. 498: To amend the 65th and 66th section of the decedents' estates act, approved February 20, 1865.

On motion by Mr. Osborn, of Elkhart, these bills just ascribed, were severally ordered engrossed for the third reading.

Mr. Osborn's of Elkhart [H. R. 495:] To amend section 336 of the general practice act of June 18, 1852.

Mr. Works'[H. R.500:] To amend sections 51, 66 and 67 of the act for the qualification of justices of the peace, approved June 9,1852.

Mr. Allen's of Putnam [H. R. 501 :] To repeal sections 1, 2 and 3 of an act supplementary to an act to provide for a uniform assessment of taxes, etc., approved March 13,187.

Mr. Allen's of Putnam [H. R. 502:] To amend section 1 or an act excepting certain lands therein described from taxation for city or town purposes, etc., approved March 13, 1877.

Mr. Blockley's [H. R. 503:] Prohibiting certain domestic animals from running at large.

Mr. Stucker's [H. R. 504:] To authorize the governor to appoint the officers of the benevolent, and reformatory institutions of the State.

Mr. Stucker's [H. R. 505:] To protect the purity and freedom of elections, and defining violations of the election laws.

Mr. Kelly's [H. R. 506:] Regulating loans of the Congressional school fund so as to prevent county officers from taking separate mortgages for each fund when the sum loaned is made up of funds from one township

Mr. Kelly's [H. R. 507:] Requiring guardians, etc., to file receipts for taxes before discharge.

Mr. Kester's [H. R. 508:] To legalize sales made to satisfy mortgages to the school fund in certain cases.

Mr. Van Valzah's [H. R. 509:] To provide for the redemption of real property of foreign corporations after the same has been sold for taxes by city or county treasurer.

Mr. Messick's [H. R. 510:] Regulating the number of hours per day that convicts in the State prisons may be required to work--10 hours.

Mr. Taylor's, of Warwick [H. R. 511:] To fix the times of holding courts in the Second judicial circuit, and prescribing the length of term.

Mr. Tulley's [H. R. 512:] Defining the manner in which certain lands and other property within the limits of any city or incorporated town may be taxed for corporation purposes.

Mr. Tulley's, [H. R. 513:] To provide for redistricting incorporated towns, and providing the manner of electing certain officers thereof and prescribing their duties and powers.

Mr. Tulley's, [H. R. 514:] To amend sections 26 and 61 of an act to repeal all general laws now in force for the incorporation of cities, and to provide for the incorporation of cities, prescribing their powers and rights, and the manner in which they shall exercise the same, approved March 14,1867.

Mr Tulley's, [H. R. 515:] To legalize a certain contract heretofore made between the board of county commissioners of White county and the school trustees of the town of Monticello.

Mr. Williard's, [H. R. 516:] To amend an act for the relocation of county seats, and for the erection of public buildings, approved March 2, 1855.

Mr. Watson's, [H. R. 517:] Defining the crime of abortion or miscarriage.

Mr. Watson's, [H. R. 518:] Regulating the granting of divorces.

Mr. Watson's, [H. R. 519:] Regulating the incorporation of banks of discount.

Mr. Saint's, [H. R. 520:] So that nine juror shall be competent to render a verdict.

Mr. Sleeth's, [H. R. 521:] Applying the doctrine and rules of estopple as established, known and practiced under the common law, to married women and minors of the years of discretion.

Mr. Mitchell's, [H. R. 522:] For the better security of the public funds.

Mr. Mitchell's,[H. R. 523:] Declaring agreements to pay attorneys' fees null and void.

Mr. March's, [H. R. 524:] To amend the 66th section of the general practice act, approved June 17,1852.

NEW PROPOSITIONS.

The following described bills were introduced, read the first time, and severally passed to the second reading.

By Mr. HEROD, [H. R. 538] supplemental to an act providing for a general system of common schools in cities of 30,000 or more inhabitants; and for the election of a board of school commissioners.

By Mr. HEROD [H. R. 539] to amend section five of an act authorizing the appointment of short-hand reporters for certain courts of record in this state.

The House then took the usual recess for dinner.

AFTERNOON SESSION.

The SPEAKER ordered the reading of the journal of Saturday's proceedings.

The journal was being read when--

On the motion of Mr. LEHMAN the further reading was dispensed with.

Mr. LEHMAN offered a resolution,which was adopted, calling for the copies of the governor's message that were ordered printed in the German language, soon after the delivery of the message, and which had failed to reach the House of Representatives.

NEW PROPOSITIONS.

Mr. BRIGGS introduced a bill, [H. R. 540] for an act to amend section eighteen of an act to provide for the opening, vacating and change of highways--approved June 17,1852.

By Mr. BEARSS, [H. R. 541] for an act to prescribe rules of evidence in actions to set assde conveyances of real estate on the ground of fraud.

The calender being clear and [evidently no quorum present] the House adjourned until to-morrow at 10 o'clock a. m.

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