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

WEDNESDAY, Feb. 12, 1879-- 10 a. m.

The SPEAKER announced prayer by the representative from Washington county, Mr. Mitchell

On the motion of Mr. CAMPBELL the reading of yesterday's Journal was dispensed with.

REPORTS FROM COMMITTEES

were submitted and concurred in unless otherwise stated, as follows:

The committee on statistics returned the bill [H. R. 20] creating a bureau of statistics, recommending the passage of the bill. It was ordered engrossed.

Also the bill [H. R. 446] creating a department of statistics, with a recommendation that it be indefinitely postponed.

The committee on education returned the bill [H. R. 228] for the correction of the school account of Adams county, with a recommendation that the bill do pass. It was ordered engrossed.

Also the bill [H. R. 442] to amend the common school law, recommending its passage. It was ordered engrossed.

Also the bill [H. R. 320] to enable boards of school trustees of cities of 3,000 or more inhabitants to establish schools for special purposes, with a recommendation that the bill do pass.

Mr. THOMPSON opposed the bin from the beginning to the end, and for that reason he moved that the bill and report be indefinitely postponed.

Mr. REED said the purpose of the bill was to benefit that class of truants who were deceiving their parents. It was not a compulsatory bill, but cities may avail themselves of its benefits if they choose. He hoped it would not be indefinitely postponed.

Mr. MITCHELL had some experience in school teaching, and he knew that; many children were playing truant when their parents supposed they were in school. He was in favor of compelling the attendance of this class of boys in some way, and consequently he was in favor of the bill,

Mr. HUBBARD also had some experience in compulsory education. The State ought to assume a parental control of the boys of widows, or of parents who do not control their children. He believed this was a move in the right direction, and hoped the motion to indefinitely postpone would not prevail.

Mr. WATSON thought the bill ought to be printed, in order to allow representatives a chance to see the details of the bill.

Mr. THOMPSON thought the bill started out in a wrong premise. The miller of education ought not to be tampered with unless it is bettered. He never wished to vote for a bill that would allow an officer to arrest his child if he thought best not to send it to a common school, and the child should be found upon the street during the hours of school. There is a large portion of the people of this country who, on account of their religious views, do not send to the common schools, and this bill will cut deeply upon this class of our people.

Mr. Allen of Putnam, was opposed to the bill for the reason that he was opposed to making prisons out of our school houses. He was opposed to clothing school or other officers with the extraordinary power provided in this bill, but would make the school house as inviting as possible, that he child would seek it as a pleasure, instead of shunning its responsibilities as sought to be enforced by the provisions of this bill. We now have too much power developed in school officers. Some of them have come to feel that they have a right to control our children in and out of school. He was opposed to this bill for the reason, that it strikes at the liberties of the parent and child, in conflict with our principles of government. He would reduce rather then increase the power of school officers and should vote against the report and the passage of the bill.

Mr. GORDON was opposed to bringing the strong hand of the law upon children between the ages of 6 and 14 years. He though it was an outrage upon their tender feelings. His hatred of tyranny was growing stronger with the return of every year of his life. He thought the parent should be compelled to educate his child, but was opposed to punishing the tender little child. Our school system is oppressive enough. He stood against the passage of this bill.

Mr. OWEN was in favor of the bill because he wanted the sensibilities of the children cultivated, and the school room was the place to do it. He thought one year's experience under this law would bring parents to understand that their children must go to school. Compulsory education was the feature in this bill that he was in favor of.

Mr. MIERS, believed that discussion now would do no good, would only say he hoped the report of the committee would be concurred in and the bill printed.

Mr. MARCH claimed that we had advanced farther in the line of education than in any other. Order and obedience was the first law of a republic, and should be taught to our children. He was in favor of the principle in this bill.

The motion for indefinite postponement was rejected by yeas 34, nays 48.

On the motion of Mr. GORDON the report and bill was laid on the table and two hundred copies ordered printed.

Mr. GORDON offered a resolution, which was adopted, that the judiciary committee be instructed to inquire whether there is not a piece of land lying along the east side of Boone county and between Boone and Hamilton counties that properly belongs to Boone page: 138[View Page 138] county, which is not included within the boundaries thereof, according to any statute now in force, and that if it shall be so found, by said committee, then said committee shall inquire and report whether any legislation is necessary to include said piece of land within the boundaries of Boone county.

Mr. DRAKE offered a concurrent resolution on the subject of the "black death," calling the attention of our representatives in Congress to the matter.

It was referred to the committee on federal relations.

On motion by Mr. CONNER the bills [H. R. 84 and 179] to encourage the growing of forest trees, and to prevent the sale of adulterated fertilizers, were ordered to be engrossed for the third reading.

The committee on the organization of courts returned the bill [H. R. 370] amending the practice act, with a recommendation that it lie on the table.

Also, the bill [H. R. 412] to amend section 307 of the general practice act, with amendments, and when so amended, that the bill do pass. It was ordered engrossed.

Also, the bill [H. R. 424] to amend the act dividing the State into judicial circuits, with a recommendation that the bill pass. It was ordered engrossed.

Also, the bill [H. R. 511] fixing the time for holding courts in the Second judicial circuit, recommending its passage. It was ordered engrossed.

The committee on county and township business returned the bill [H. R. 390] to legalize the April election of 1878, recommending passage. It was ordered engrossed.

Also, the bill [H. R. 138] requiring township trustees to appropriate any surplus fund to the benefit of the roads, recommending passage. It was ordered engrossed.

Also the bill [H. R. 443] concerning township trustees, with a recommendation that the bill pass. It was ordered engrossed.

Also the bill [H. R. 206] authorizing county commissioners to pay certain expenses of constables and marshals, recommending passage. It was ordered engrossed.

The committee on claims returned the claim of Benton county for the prosecution and conviction of James L. McCollough, the murderer of Wm. C. Morgan in June, 1865, with a recommendation that the sum of $973.70 be allowed.

On the motion of Mr. OSBORNE of Elkhart, the report was indefinitely postponed.

The House took a recess until 2 o'clock p.m.

AFTERNOON SESSION

Mr. OSBORNE, of Elkhart, offered the following:

WHEREAS, The material reduction of the fees and compensation of county officers was made the paramount issue before the people in the last political campaign and all parties stand pledged to the people to bring about at this session of the General Assembly such material reduction, and thereby relieve the people of a portion of the burdens yet resting upon them, the results of the high prices of the preceding years. And whereas, more than half of the session has already expired, and as yet no general discussion has been had upon the subject, by which the members might be able to compare views and arrive at the same basis upon which to make such reduction which will be just toward the officers and beneficial to the people; therefore be it

Resolved, That in order to avoid the almost universal habit of charging construction fees, not in truth and spirit warranted by the statute, which has obtained among public officers of ate, and in order that the people may at all times know just what they are paying their servants for the transaction of their business, and may intelligently reduce or increase such pay so as to do justice at all, it is the duty of this General Assembly, and in accordance with the best interests of the people, that the pay and compensation of county auditors, treasurers, sheriffs, and clerks be established by permanent and fixed salaries, and graded among the several counties according to population, and that the general features of House bill NO. 113 should be carried and engrafted into the law, making such changes, if necessary, as to amounts to be paid or received as will afford the officers a fair compensation for their services, and bring to the treasury a proper sum of the services rendered to the litigants and others having business done by the public officers.

Mr. LINDLEY offered an amendment, which was adopted, that the provisions of the resolutions shall apply to the State officers, and that the committee on fees and salaries are directed to report a bill embracing the points enumerated therein, at an early day.

Mr. OVERMEYER offered an amendment, that in view of the facts recited in the preamble to said resolution, it is the duty of the General Assembly to provide at once for the submission of the constitutional amendments to the people.

Mr. BRIGGS moved to lay the amendment of Mr. Overmeyer on the table.

The yeas and nays were demanded, and being taken, resulted--yeas 47, nays 34.

So the amendment was laid on the table.

The resolution was then made the special order in committee of the whole for next Friday at 10 o'clock a.m.

Mr. DAILEY introduced a bill [H. R. 543] to amend section six of an act to repeal sections two and twenty-two inclusive of an act to provide for the registration of votes approved March 11, 1867 and May 13, 1869.

The Committee on the Affairs of the City of Indianapolis returned the bill [H. R. 24] limiting the amount of indebtedness of counties of over 20,000 with amendments and when so amended that the bill do pass.

The report was concurred in and the bill ordered engrossed.

Mr. SAINT presented a petition on temperance signed by 1,700 citizens of Henry county for a local option law.

The Committee on the Affairs of the City of Indianapolis returned the bill [H. R. 449] authorizing cities of 30,000 or more to contract for water and gas with amendments and when so amended that the bill pass. It was ordered engrossed.

The bill [S. 277, fully described in these reports of February 6,] coming up in order, was read the first time. The constitutional rule was suspended by yeas and nays and the bill read the second time and referred to the committee on the judiciary

WORK FOR COMMITTEES.

The following described bills were read the second time and referred to appropriate committees:

The bill [H. R. 540] to amend section 18 of an act for vacating and changing of highways.

The bill [H. R. 527] for the relief of sureties of Thos. F. Chambers.

The bill [H. R. 534] for a constitutional convention.

The bill [H. R. 532] to amend section 3 of an act of the common school law.

The bill [H. R. 526] to amend the act dividing the State for judicial purposes.

The bill [H. R. 525] to amend the fee and salary act.

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The bill [H. R. 588] supplemental to the common school act.

The bill [H. R. 537] providing for the reorganization of circuits.

The bill [H. R. 539] for appointment of short hand reporters for courts.

The bill [H. R. 544] to set aside certain conveyances.

The bill [H. R. 530] to prevent the sale of liquors on fair grounds.

The bill [H. R. 536] to create a bureau of statistics.

The bill [H. R. 528] regulating the governor' salary.

The bill [H. R. 529] for the reappraisement of lands forfeited to the school fund.

The bill [H. R. 531] to encourage agricultural fairs.

The bill [H. R. 533] to amend the general practice act.

The bill [H. R. 535] to regulate the practice of medicine.

Mr. Compton's bill [H. R. 71] regulating the working of coal mines was read the third time.

Mr. OVERMEYER offered several amendments, which were agreed to by unanimous consent.

The bill was considered engrossed as amended, and the bill was then put upon its passage.

The yeas and nays thereon resulted--yeas 78, nays, 0. So the bill finally passed the House of Representatives.

Mr. Stevens' bill [H. R. 9] to regulate the setting of corner stones or monuments in public roads or highways, coming up in order, was read the third time and passed the House of Representatives by --yeas 81, nays 0.

Mr. OSBORNE of Elkhart, from the committee on the judiciary, returned the bill [S. 277] concerning interest on money, striking out all after the enacting clause and inserting new matter, and when so amended recommending its passage.

Mr. HEROD moved that the report and the bill lie upon the table, and that 200 copies be printed.

The yeas and nays were demanded, and, being taken, resulted --yeas 60, nays 22.

So the bill, on motion, was agreed to.

Mr. Dalton' bill [H. R. 17] to repeal an act to authorize aid to railroads by counties and townships, coming up in order, was read the third time and passed the House of Representatives by yeas 60, nays 17.

The House then adjourned until to-morrow morning at 10 o'clock.

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