HOUSE OF REPRESENTATIVES.
SATURDAY, Feb. 22,1879-- 9 o'clock a. m.The reading of the journal was, on the motion of Mr. FAULKNER, dispensed with.
Mr. Caldwell's bill [H. R. 551] to legalize the purchase of certain grounds by the board of county commissioners of Clinton county, was read the third time, and passed the House by--yeas 68, nays 6.
Mr. March's bill, [H. R. 58] to amend an act declaring attorneys' fees in bills of exchange, notes, etc.. illegal, was read the third time.
Mr. OVERMEYER submitted an amendment, which was taken by consent, providing that this law shall not affect any existing contracts.
Mr. HEROD thought the bill should not pass. He said we ought not to put such sweeping clauses in the laws as this one, which does not allow a man to agree to pay attorneys' fees even if he wants to.
Mr. DRAKE said it would work hardships with widows and orphans in many cases.
Mr. BRIGGS was compelled to vote for the abolishment of the entire matter of collecting attorney fees on contracts of all kinds.
Mr. COPELAND was opposed to the bill because he thought it would work hardships to the middle classes.
The bill then passed the House by--yeas 60, nays 19.
Mr. Vanpelt's bill [H. R. 261] in relation to hedges and fences along high ways, was read the third time and passed the House by--yeas 81,nays 0.
Mr. Reed's bill [H. R. 493] to prevent breeding animals from running at large was read the third time.
Mr. DRAKE thought the passage of the bill would give rise to trouble in neighborhoods.
Mr. CAMPBELL said the passage or this bill would do much towards keeping neighborhoods from getting into squabbles over breechy stock, at least, and he was in favor of its passage.
The bill finally passed the House of Representatives by--yeas 68, nays 13.
The bill [H. R. 453] to amend section two of an act providing for the election and appointment of supervisors of highways was read the third time and passed the House by--yeas 68, nays 13.
Mr. Dailey's bill [H. R. 228], authorizing the correction of the school account of Adams county, was read a third time, and passed the House by yeas 79, nays 0.
Mr. Faulkner's bill [H. R. 5], to amend section 1 of an act regulating the number of grand jurors, was read a third time, and passed the House by yeas 81, nays 2..
Mr. Miers' bill [H. R. 386], to exempt growing crops from sale on execution until the same shall have fully matured, was read the third time, and finally passed the House by yeas 90, nays 0.
Mr. Osborn of Elkhart's bill [H. R. 498], to amend sections 65 and 66 of the decedents estate act, was read the third time, and passed the House by yeas 79, nays 1.
Mr. Works' bill, [H. R. 30] to amend section 8 of an act concerning the alienation of property, was read the third time.
Mr. OVERMEYER and Mr. HEROD did not see any reason to change the present law. The law, as it now stands, when the estate is deeded in common between the husband and wife jointly, does not admit of an execution on the the property for the debt of the husband, and in case of the death of either party the survivor comes into possession of the entire estate.
Mr. WORKS explained: The object of this bill is to make the conveyance to the husband and wife, vest in them the title as tenant in common. The creditors can then reach the property of the husband, and upon his death the wife and children would inherit the property according to the law of decents. A conveyance to husband and wife under the present law places it beyond the reach of the creditors of both husband and wife, and takes the property entirely out of trade.
Mr. BRIGGS thought this law ought to pass, in order to protect the legal heirs and creditors.
Mr. WATSON was opposed to any innovation upon the principles of the old law, and he was opposed to the change proposed in this bill.
The bill then failed to pass the House by--yeas 31, nays 47.
Mr. Humphrey's bill [H. R. 168] to authorize cities and towns to issue bonds--not to exceed the amount of indebtedness--was read the third time and passed the House by--yeas 78, nays 3.
Mr. Golden's bill [H. R. 174] to repeal section two of an act defining certain misdemeanors--it repeals the provoke law--was read the third time and passed the House by--yeas 55, nays 27.
Mr. Taylor, of Daviess' bill [H. R. 444] defining warehouse receipts, was read the third time.
Mr. TAYLOR, explaining the features of the bill, said the bill was in the interest of farmers, producers and manufacturers of distilled, spirits, by enabling those not desiring to dispose of their products to store the same with warehouse men, and taking receipts therefor, which receipts can be used for collaterals or title to the property embraced therein can be transit: ned by assignment of receipt or receipts for the same. The bill would enables small manufacturers of distilled spirits, or persons storing grain or other commodities to realize monies by virtue of said receipts and thereby obviate the necessity of the owners sacrificing their grain, spirits or commodities by being forced to sell on a depressed market.
The bill then passed the House by yeas 66, nays 11.
Mr. Conner's bill [H. R. 84] to encourage the planting and growing of forest trees was read the third time.
Mr. WORKS objected to the bill as being clearly unconstitutional, and he did not think it would be right to exempt property from taxation because of what may be cultivated thereon.
Mr. CONNER: There are four New England and six Western States that have such a law. He had examined the several constitutions of these states, and they were nearly like the constitution of this State, and he did not see that the proposed law conflicts in any way with the constitution.
Mr. STUCKER understood that the bill exempts certain lands from taxation after being set out in forest trees. He was opposed to exempting any species of property from taxation, and in his judgment persons living in cities that owned large lots of land that is very valuable, located in the suburbs, would plant a few trees, and ask that they be exempt from taxation. Why not exempt all orchards in the State? He was opposed to this bill, or any other that will exempt any class of property from taxation.
The bill failed to pass the House by--yeas 19, nays 57,
Mr. Conner's bill [H. R. 179] to prevent the page: 183[View Page 183] sale and manufacture of adulterated fertilizers, was read the third time and passed the House--yeas 72, nays 3.
Mr. WILLARD, in explanation of his negative vote, when his name was called, said it seomed to him that the bill was so carefully worded as to cut out the sale of any foreign fertilizer. He therefore voted "no. '
Mr. OSBORNE,of Elkhart's, bill [H. R. 114] to legalize and make valid certain building and loan associations, was read the third time and failed to pass the House for want of a quorum.
Pending the call, the House took a recess until 2 o'clock p. m.
AFTERNOON SESSION.
The bill, [H. R. 179] pending at the time of taking the recess was declared passed the House by yeas 65, nays 2.
On the motion of Mr. MIERS the regular order was suspended and reports from committees were receeived as follows:
Mr. Briggs, from the committee on the organization of courts, returned the bill, [H. R. 450] to prohibit the incorporation of the dissenting opinion of the judges of the supreme court of the State, with a recommendation for indefinite postponement.
Also, the bill, [H. R. 472] fixing the member and defining the jurisdiction of justices of the peace with a recommendation that it lie on the table. Also, the bill, [H. R. 109] to create the 42d judicial circuit, and providing for appointment of Judge and prosecutors with a recommendation for a definite postponement. It was laid on the table.
The following described Senate bills were read the first, time and passed to the second reading:
The bill [S. 184] to prevent the practice of resorting to distant courts to oppress the citizens of Indiana; [S. 254] to provide for the payment of judges holding courts in certain cases; [S. 65] defining libel and to prevent the publication thereof; [S. 187] for the election and appointment of supervisors; [S. 140] to authorize the surrender of city charters, etc ; [S. 209] to authorize appeals from boards of county commissioners; [S. 27] to provide for the government and discipline of the State prisons; [S. 180] to amend the act in relation to divorces; [S. 119] to repeal the act establishing the superior court, in Cass county; [S. 47] to enable owners of wet land to drain the same, etc.; [S. 43] to exempt the wages of laborers from garnishment; [S. 37] to enable the board of commissioners to dispose of uncalled for allowances; [S. 18] to declare all canal patents legal; [S. 382] to amend the first and fourteenth sections of the act authorizing counties and townships to aid in the construction of railroads; [S. 338], for the protection of wild game; [S. 331] to amend the first section of an act authorizing the school trustees of a city or incorporated, town to pay over special school revenue; [S. 216] to amend the act defining embezzlement; [S. 118] to amend the general practice act; [S. 353] concerning trusts and powers; [S. 365] to amend section 3 and repeal section 4 of the draining law.
The bill, H. R.609.
The following described House bills were read the second time by title only, and severally referred to appropriate committees, unless otherwise stated:
The bill, [H. R. 593] to amend an act to authorize aid to the construction of railroads; [H. R. 608] for the relief of the sureties of Jeff Ollitfont, trustee, defaulting; [H. R. 603] to discourage the keeping of useless and sheep killing dogs; [H. R. 602] to repeal an act requiring certain officers to make out statement; [H. R. 601] to prohibit the keeping of intoxicating liquors in sheds, booths, etc.; ordered engrossed.
The bill, [H. R. 609] to establish mileage of members of the General Assembly; [H. R. 600] to amend section 18 of the act regulating descents; H. R. 578] in relation to malfeasance and embezzlement in office; [H. R. 697] to amend the act concerning the advertising of sheriffs sales; [H. R. 594] to amend section 5 of the act to provide for a uniform assessment of property; [H. R. 595]to exempt from tax one dog to each householder; [H. R. 596] to amend an act providing for the organization of county boards; [H. R. 597] to encourage the building of free gravel roads; [H. R. 604] regulating the stopping of pasenger trains; [H. R. 605] to provide for the punishment of false weights; [H. R. 606] to amend section 56 of an act defining misdemeanors.
The following described bills or acts were introduced, read the first time and passed to the second reading:
By Mr. STUCKER, [H. R. 610] to legalize the acts of the board of the town of Paoli, Orange county.
By Mr. STUCKER, [H. R. 611] to prevent township trustees from making expensive medical bills.
By Mr. MARCH, [H. R. 612] supplemental to an act concerning the partition of land.
By Mr. MARCH, [H. R. 613] to amend section 41 and repeal section 43 of an act for the Government of the State University.
By Mr. MARCH, [H. R. 614] to amend section 596 of the general practice act.
By Mr. DALTON, [H. R. 615] to amend section 8 of an act supplemental to an act to provide for the uniform assessment, of property.
By Mr. TAYLOR, of Lagrange, [H. R. 616] to amend sees. 47 and 57 of an act dividing the State into counties.
By Mr. ROBINSON, by request, [H. R. 617] providing for the erection and management of county hospitals.
By Mr. ROBINSON, by request, [H. R. 618] to amend an act to authorize county commissioners to fill vacancies.
By Mr. ROBINSON, [H. R. 619] to regulate the letting of contracts of public Institutions.
Mr. JOHNSON offered a resolution that from and after Monday next at the call of counties each member may have the chance to call up one bill on its third reading.
It lies over for one day under the rules.
By the Committee on Education, [H. R. 620] for the regulation of common schools--a codification of all school laws.
By Mr. SHAUCK, [H. R. 621] to legalize the acts of The Council of Kendalville.
By Mr. HUTEISTEIN ER, [H. R. 632] to amend sec. 5 of an act to provide for a uniform assessment of taxes.
By Mr. WATSON, [H. R. 623] to legalize the conveyance of certain real estate.
By Mr. BRYANT, [H. R. 624] to amend sections 103 and 104 of the common school laws.
By Mr. BRIGGS, [H. R. 625] to amend secs. 1 and 2 of an act giving employes a lien for their work upon the corporate property.
By Mr BRIGGS. [H. R. 626] prescribing the manner in which notice for the sale of delinquent taxes shall be made.
By Mr. BRIGGS, [H. R. 627] prescribing the manner of sale of real estate by execution.
By Mr. OSBORN, of Elkhart,by request, [H. R. 628] to establish a board of fish commissioners.
By Mr. MITCHELL, [H. R. 629] to repeal an act to provide for township elections.
By Mr. OWEN, [H. R. 630] regulating the presenting of claims before county commissioners.
By Mr. OWEN, [H. R. 631] to legalize sales of real estate by sheriffs in certain cases.
By Mr. Owen, [H. R. 632] to legalize the acts, of the trustees of Williamsport lodge of F. and., A. M. And then the House adjourned.
