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

SATURDAY, March 1,1879-- 9 a. m.

The minutes were not read.

Mr. OSBORNE, of Elkhart, felt impelled by a duty he owed to the State, to say that day after day this House had been filled with men lobbying for pet measures to the great annoyance of the House, and that voices in the lobby had voted to swell the yeas and nays in order to carry favorite measures. He offered a resolution that hereafter during this session no gentleman shall be allowed to remain on the floor of the House or within the cloak or anterooms, except members of the House or Senate, or the officers or employes thereof, or reporters or members of the press, and the doorkeeper is hereby instructed to strictly enforce this order.

Mr. SHANKS had not been troubled with this kind of a nightmare, and did not like to hear talk about members being directed here in their votes; nor would he admit that any man comes here as a moral trainer of this House.

Mr. DAILEY did not understand that this resolution intended to assert that any member had been corrupted, and was in favor of the resolutions. He said the hum of voices was so loud that no business could be done satisfactorily, because members, especially in the rear of the hall, could not hear.

The SPEAKER referred to a rule of the House which would correct these evils, and which should be enforced. It was time now for action, and not for talking. There was a large amount of business on his table to dispose of.

The committee on claims returned the bill [H. R. 420] for the relief of Alex Ingles and others, recommending its passage. Also the claim of the Rosenthral car company, recommening passage.

Mr HANDY submitted a minority report setting forth that inasmuch as a special committe had heretofore reported adversely upon the same claim, he was compelled to recommend that the claim be rejected.

On the motion of Mr. DAILY the claim and report were laid on the table. He also entered a motion to reconsider the vote on yesterday, whereby the House concurred in the report of the committee on claims upon the claim of R. G. Manis.

Mr. OSBORNE, of Elkhart, also entered his motion to reconsider the vote by which the House concurred in the report of the committee on the bill [S. 65].

Mr. VAWTER offered a joint resolution for instruction and request of Indiana senators and representatives in Congress, to use their influence for the passage of a bill for the payment of Morgan raid claims, which was adopted by yeas 71, nays 16.

On the motion of WILLIARD the bill [H. R. 344] regulating fees and salaries, was taken up, read the third time and passed the House by yeas 64, nays 30, as follows:

Those voting in the affirmative were: Messrs. Alden, Arnold, of Blackford, Arnold, of Wabash, Baker, Barker, Bearss, Blockley, Briggs, Brown, of Jasper, Brown, of Steuben, Bryaut, Campbell, Carter, Compton, Confer, Copeland, Daily, Dalton, Davidson, Davis, Drake, Drover, Edwins, English, Faulkner, Flodder, Galbraith, Hart, Hess, Hubbard, Humphreys, Huthsteiner, Johnson. Kelly, Kester, Kirkpatrick, Lindley, March, Mitchell, Nave, Osborn, of Elkhart, Osborn, of Vermillion, Overmeyer, Owen, Reed, Rodman, Saint, Schweitzer, Shanks, Shauck, Stutt, Snoddy, Stevens, Stucker, Taylor, of Daviess, Taylor, of Lagrange, Taylor, of Warrick, Thayer, Tulley, Vanpelt, Van Valzah, Vawter, Willard, Wimmer, Speaker Cauthorn, H. S.--64.

Those voting in the negative were: Messrs. Allen, Caldwell, Cary, Connaway, Conner, Cunningham, Donnell, Fleming, Garoutte, Ginz, Handy, Harland, Herod, Hopkins, Hosmer, Lehman, Messick, Miers, Perry, Reicheldefer, Robinson, Rooker, Scholl, Shields, Skinner, Sleeth, Thompson, Thornburg, Watson, Works--80.

Pending the roll call--

Mr. ALLEN, when his name was called, in explanation of his vote, said he voted against the bill because of its inequality, and because of its unjust provisions. The bill would impose upon the citizens of his township an unjust burden, and if for no other reason, he would vote against the bill. He voted "no."

Mr. CALDWELL, explaining, said he was willing to go as far as anyone on the floor to procure a fair and honest reduction of fees and salaries. He had hoped that a fee and salary bill would have been reported to this House, distant day the Legislature would have the power to pass a salary law, grading the salary to each officer according to the population in each county, thereby defining what amount of pay such officer shall receive, and believing farther that if this bill becomes a law it will greatly cripple the administration of justice in this State, and deprive the people of that capacity in official position which the public service demands, he should vote "no."

Mr. CONNER, in explanation, said he could not vote for this bill because of its unjust inequalities. The House rescinded its own action on the salary of the Auditor of State, and the bill now allows salary and fees amounting to over $10,000 more than the Governor's salary. That of Superintendent of Public Instruction--the most important office in the State, except that of Governor--is cut down to only $2,000. The bill leaves less than $600 for the pay of the services of many of the clerks of the small counties, and he was anxious to vote for a just reduction of salaries, but as this bill is not such a measure he voted "no."

Mr. REED, in explanation of his vote, said the bill in its present form ought not to become a law, because of the inequality between the salaries of county officers. It discriminates unjustly against county clerks. Believing, however, that the Senate would amend It he voted "aye" simply to give that opportunity.

Mr. TAYLOR, of Daviess, in explanation of his vote, said: This bill did not suit him. Many of its provisions are objectionable, but believing the people demand some action upon the subject he would vote "aye" for the reason that no hope can be entertained of a better bill being presented at this late date of the session.

Mr. THAYER, when his name was called, in explanation said: He did not endorse the bill, but he believed it would be amended in the Senate, he therefore voted "aye."

Mr. THOMPSON, in explanation of his vote, said: He would rather be right than to be a representative or a Democrat, and believing this bill was wrong, he voted "no."

Mr. THORNBURG explaining said: He did not feel as though he could endorse this bill and asked to be excused from voting. Objection being made he voted "no."

Mr. Tulley, in explanation, said: Believing page: 212[View Page 212] that it was imperatively demanded of this General Assembly to pass some act of relief to the people, from the enormous burdens placed upon them by the exhorbitant taxation of fees and salaries now paid to officers, yet knowing this bill is unjust in many of its provisions, and does great injustice to many of the State and county officers, with the hope that the Senate may correct the wrong, and thus secure a fair bill to all, he voted "aye."

Mr. VANPELT, when his name was called, said he thought this bill cuts the county clerk and treasurer too low, but hoping it may be amended in the Senate, he voted "aye."

Mr. WATSON, when his name was called, in explaining, said: There was too much inequality in this bill, in proportion to the work done; he, therefore, voted "no."

Mr. WILLARD, in explanation of his vote, said: He voted for this bill because it was the best thing that could be had now, and because he thought it the duty of this (General Assembly to pass a bill for a reduction in fees and salaries. He voted 'aye."

Mr. Works when his name was called, in explanation of his vote, said he had no right to transfer the responsibility that rests upon him to the Senate, by saying that he would vote for this bill with the hope that the Senate would amend it, and make it right. He knew the bill was wrong, therefore he voted "no."

The vote was then announced as above recorded.

On motion by Mr. OVERMEYER--yeas 65, nays 23--the bill [S. 399] providing for the submitting of the constitutional amendments to the people, was read the first time and passed to the second reading.

The House proceeded with the roll call, each member, under the rule, having the privilege to call up one bill for final action.

Mr. ALDEN called up the bill [H. R. 401] legalizing acts of the city council of New Albany, which was read the third time and passed the House by yeas 75, nays 2.

Mr. ALLEN called up the bill [H. R. 126] touching foreign corporations, which was read the third time, and passed the House by--yeas 81, nays 0.

The House then took a recess.

AFTERNOON SESSION.

Mr. CONNER called up the report of the committee on his bill [H. R. 468] to cheapen the cost, of school books, with amendments agreed upon in committee. '

Mr. HUMPHREYS moved an amendment, was adopted, that the existing adoption of school books by the several school boards of the State shall not be interfered with by the provisions of this act, and no change shall be made until after the time for which such school books may have been adopted.

The House then reconsidered its action in taking up this bill, and the Speaker returned the amendments to the members who offered the same.

Mr. ARNOLD, of Blackford, called up his bill [H. R. 206) authorizing county commissioners to pay constables and marshals in certain cases, which was read the third time and finally passed the House, by--yeas 75, nays 3.

Mr. ARNOLD, of Wabash, called up his bill [H. R. 310] to allow sheriffs and. other peace officers to make arrests oat of their county, which was read the third time and passed the House by--yeas 73, nays 0.

Mr. BRIGGS called up his bill [H. R. 549] to amend section 5 of the act to provide for the more speedy trial of causes, and for adjourned terms of courts and judges, in certain cases, which was read the third time and passed the House by--yeas 74, nays 0.

Mr. BROWN, of Jasper, called up Mr. Perry's bill [H. R. 263] in relation to fish, which was read the third time and passed the House by--yeas 59, nays 12.

Mr. BROWN, of Steuben, called up his bill [H. R. 585] to vacate and sell a portion of the public square in the town of Fremont, Steuben county, which was read the third time and passed the house by--yeas 72, nays 0.

Mr. BRYANT called up Mr. Willard's bill [H. R. 487] for the vacation of public squares in certain cases, and providing for the sale of the sale, which was read the third time and passed the House by--yeas 73, nays 8.

Mr. CALDWELL called up the bill [H. R. 625] to amend the first and second sections of an act giving a lien to laborers on work, which was read the third time and passed the House by--yeas 64. nays 3.

The Senate concurrent resolution for the appointment of a joint committee to receive members of the Ohio Legislature, was read and adopted. The speaker made the committee on the part of the House to consist of Messrs. Miers, Brigss and Herod.

Mr. CAMPBELL called up the bill [S. 379] to legalize the annexation of platted territory to the city of Logansport by resolution of the Common Council of May 5,1870, and the annexation to said city of contiguous territory, which was read the third time and passed the House by yeas 64, nays 8.

Mr. CARTER called up the bill [S. 209] to authorize appeals to the circuit court from county commissihners in cases of relocation of county seats, which was read the third time and passed the House by yeas 71, nays 1.

A resolution was adopted that when the House adjourn it adjourn to meet at 8 o'clock this evening [it being understood that there shall be no roll-call at the night sessions].

Mr. CONFER called up the bill [H. R. 412] to amend section 397 of the general practice act in actions for demands for money in the circuit or superior court--if the plaintiff recover less than $50 exclusive of costs he shall pay costs, unless the judgement has been reduced below $50 by set off, in which case the party recovering judgment shal pay costs, which was read the third time, and passed the House by--yeas 64 nays 4.

Mr. CONNER called up his bill [H. R. 20] to establish a bureau of statistics, and abolish the office of State geologist, which was read the third time, and failed to pass the House for want of a constitutional majority, by--yeas 50. nays 23.

The concurrent resolution of the Senate, for the employment of a short-hand reporter for the joint committee to investigate the charges against certain officers of the Benevolent Institution, was adopted.

Mr. COPELAND called up his bill [H. R. 288] regulating the charges of freight on railroads on wheat, corn and flour--which was read the third time, and passed the House by--yeas 51, nays 11.

Then came the recess till 8 o'clock p. m.

NIGHT SESSION.

Mr. HUMPHRIES, from the committe on ways and means, introduced the specific appropriatian bill [H. R. 640] which was read the first time and passed to the second reading.

The bill [S. 194] defining who shall be competent witnesses in any court. Also the bill [S. 270] to repeal the act, establishing the superior courts in Marion county; [S. 325] granting the citizens of Evansville a city charter; [S. 381] to provide for legal printing in newspapers; [S. 303] for a uniform assessment of property; [S. 196] regulating toll on gravel and other roads; [S. 39] authorizing railroads to extend their lines; [S. 198] prescribing certain duties of railroad companies; [S. 17] to drain page: 213[View Page 213] wet lands; [S. 69] to provide an asylum for feeble minded children; [S. 207] providing for a State board of claims; [S. 197] to protect the ballot box; [S. 103] to authorize lilies to construct and maintain water works; [S. 175] providing for the qualification of county superintendents; [S. 57] to provide for the establishment of work houses; [S. 122] to provide for the repair of free turn pikes; [S. 267) to amend sec. 1 of an act amending secs. 550 and 551 of the practice act; [S. 56] prohibiting the courts of this State from jurisdiction in certain cases; [S. 61] to amend sec. 1 of an act concerning sheriffs; [S. 169] to prevent the secretion of mortgaged goods; [S. 258] to legalize the acts of the Common Council of Ft. Wayne ; [S. 271] to enlarge the jurisdiction of Mayors and Justices; [S. 176] to legalize the acts of the town of Jasper; [S. 307] to change the name of the city of Evansville, were severally read the first time and passed to the second reading.

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

By Mr. MARCH, [H. R. 642] supplemental to an act concerning witnesses.

By Mr. CAMPBELL [H. R. 643] to legalize the corporation of the town of Walton, Cass county.

By Mr. WILLARD [H. R. 644] to amend an act to repeal all laws now in force for the assessment of city taxes.

By Mr. CUNNINGHAM [H. R. 645] to amend section 21 of an act providing for the election and appointment of supervisors.

Bills were read the second time and referred to appropriate committees as follows:

The bill [H. R. 635] to amend the act providing for the running at large of domestic animals; [H. R. 636] to amend section 15 of the act regulating elections; [H. R. 634] to amend the act for the uniform assessment of taxes; [H. R. 639] to exempt disabled soldiers from paying poll tax.

The House then adjourned.

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