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

MONDAY, March 10,1879-- 9 o'clock a. m.

The session was opened with prayer by Rev. Mr. SNODDY, representative from Hendricks county.

The journal of Saturday's proceedings was read, corrected and approved.

Mr. Gordon's bill [H. R. 644] to change the name of the Marion criminal circuit court was read the second time and referred to the judiciary committee.

Mr. English's bill [H. R. 645] to encourage literary, scientific and social culture was read the second time and referred to the committee on rights and privileges.

The committee on public library reported the same in good condition.

Mr. CALDWELL offered a concurrent resolution that the pay of pages be increased 50 cents per day, which was rejected by--yeas 15, nays 64.

Mr. HEROD offered a concurrent resolution authorizing the speaker to sign a warrant for the per diem of Mr. Fleming a representative from Allen county for the entire session.

Mr. SHANK moved ineffectually to lay the resolution on the table--yeas 35, nays 45.

The resolution was then referred to the Committee on the Judiciary.

Mr. OSBORNE of Elkhart, introduced a bill [H. R. 647] to protect the purity of the ballot box, which was read the first time and passed to the second reading.

Mr. GOLDEN (Mr. Osborne of Elkhart in the chair) offered a resolution of thanks to the Speaker for the impartial and faithful manner in which he di charged his duty.

Mr. THAYER, was glad of an opportunity to second a motion of this kind and endowed the resolution most heartily.

Mr MIERS offered a resolution authorizing the continuance of the Brevier legislative reports, at the same price and the same number of copies furnished every General Assembly since 1857, for 17 years.

On motion by Mr. SHANKS, it was referred to a special committee of three, with instructions to ascertain the probable cost.

Mr. SHANKS had never seen a more upright and just discharge of the duties devolving upon a speaker of the House of Representatives.

Mr. MARCH desired also to bear his testimony to the fair nd impartial manner in which the speaker had discharged his duties.

Mr. KELLEY said no man within his knowledge could have discharged the duties more faithfully and impartially,

Mr. MIERS could fully appreciate the duties of the speaker, and to fully appreciate the position members need only to occupy the chair a few hours, as he had done.

Mr. HESS and Mr. REED desired to give voice to the assertion that the speaker had been strictly impartial in his rulings.

Mr. HUBBARD said: "To appreciate the situation, just try it yourself."

Mr. WATSON declared that the speaker had so conducted the business of the session as to show that he was honest, capable, and impartial.

Mr. LINDLEY desired to acknowledge personal kindness, and to bear testimony to the efficiency of the speaker.

Mr. KIRKPATRICK had served the third time with the speaker, and fully appreciated the difficulties of the position.

Mr. WIMMER was convinced the speaker had faithfully performed his duty.

The resolution was then adopted by a unanimous rising vote.

Mr. JOHNSON offered a resolution of thanks to the clerks and door-keepers, which was adopted.

Mr. CARTER offered a resolution that the testimony taken in the matter of the investigation of the Southern prison be placed upon the journa1.

Mr. TAYLOR, of Daviess, said that inasmuch as none of the charges had been sustained, and as it was unnecessary to incumber the journal, he hoped the resolution would not pass. The investigation was searching.

Mr. WORKS did not think there was a member on the floor that knew what was in the testimony except the committee. There was no reason, as he could see, why this testimony should not go upon the journal of this House.

Mr. COPELAND was only asking that the notes of the clerk be incorporated in the House journal.

Mr. CARTER thought it no more than right that the testimony should be published, as there were facts therein that were not known until developed in that testimony.

The resolution was then adopted--affirmative 38, negative 28.

Mr. DAVIDSON offered a concurrent resolution, which was adopted, that a joint committee be appointed to wait upon the governor to ascertain whether his excellency has anything further to communicate to the House.

The SPEAKER made the committee to consist of Messrs. Davidson, Conner and Briggs on the part of the House.

Mr. LEHMAN offered a concurrent resolution for pay for rent of committee rooms, which was adopted.

Mr. GORDON submitted a protest against the passage of the congressional apportionment bill [H. R. 486] which was read.

Mr. HUMPHEYS moved that the protest be submitted to a committee of three to ascertain whether there was anything therein that should not be spread on the journal or against the constitution and the law, which was agreed to by yeas 53, nays 35.

The SPEAKER made the committee to consist of Messrs. Humphreys, Hubbard and Johnson.

The House con current resolution concerning the pay of members of the committee to investigate the benevolent institutions was returned from the Senate with amendments adding pay for a shorthand reporter, which were concurred in by yeas 78, nays 4.

Mr. STUCKER, explaining his negative vote, was opposed to this amendment ticking on a short-hand reporter for this committee. The committee should write out their own evidence, or call on some of the committee clerks of the House, who are under pay. He wanted to know how much was to be paid before action should be final on these amendments. He was opposed to concurring in the amendments of the Senate.

Mr. WILLARD introduced a bill [H. R. 648] page: 248[View Page 248] to provide for the taxation of rolling stock of fast freight companies, which was read the first time and passed to the second reading.

The House then took a recess till 2 o'clock.

AFTERNOON SESSION.

The bill [S. 21] to establish courts in cities and towns having a population of 6,000 ; also the bill [S. 74] to alter and amend the charter of the town of Clarksville; also the bill [S. 392] to legalize the action of circuit courts in certain cases; also the bill [S. 313] to legalize sheriff's, administrator's, guardian's and commissioner's sales in certain cases; also the bill [S. 55] to legalize the incorporation of the Kokomo Building Loan Fund and Saving Association, were read the second time, and severally referred to appropriate committees.

The House then took a recess until 3 o'clock p. m.

The Speaker at 3 o'clock again commanding order

Mr. WILLARD introduced a concurrent resolution for per diem and mileage of witnesses in the State House investigation, making a total of $500.64, which was adopted.

Mr. COMPTON offered a concurrent resolution, which was adopted, allowing pay to the committee visiting the Northern and Southern prisons.

Mr. BEARSS presented a protest against the language used toward him by the contestor for his seat, and entered upon the journal of this House, denying that any votes were purchased by money or obtained in any other fraudulent manner.

Mr. DAVIDSON, from the select joint committee to wait upon the governor, reported that his excellency has nothing further to communicate than the annexed proclamation convening the Fifty first General Assembly in special session, on Tuesday, March 11,1879, at 9 o'clock a. m.

Mr. REED offered a concurrent resolution that the principal clerk be allowed the sum of $300 for preparing a calendar of business for the House journal, indexing, etc., etc.

Mr. HEROD moved to amend by adding that the assistant clerk shall have the same amount for indexing and proof reading of the House journal, which was accepted.

Mr. JOHNSON moved to further amend by striking out "$300" and inserting '$200," which was agreed to.

Mr. STUCKER wanted to be shown the law that allows $300 apiece extra to these clerks. He did not think there was any such law. They had their regular per diem of %6 per day, and he did not care what the custom had been in years gone by; these extravagances the people demanded now should be cut off. He denounced the resolution as wrong, and an outrage upon the tax-payers of the State. These gentlemen occupied these positions at $6 per day, and that was all he was willing they should have. He should oppose any resolution that authorizes the payment of money without warrant of law, and should, therefore, vote against concurring in this Senate amendment.

The resolution, as amended, was then adopted.

Mr. HUMPHREYS, from the special committee thereon, submitted a report on the protest of Mr. Gordon, that the accompanying maps be stricken oat, and, when so done, the protest be entered upon the journal. The report was concurred in, upon a division--affirmative 43, negative 35.

Mr. GORDON submitted a protest against referring his protest to a special committee, and the action of said committee in striking out a portion of said protest, and against the House concurring therein.

Mr. DAILEY offered a concurrent resolution that the members be allowed their expense for visiting the educational institutions of the State, which was adopted.

Mr. HUTHSTEINER introduced a bill [H. R. 649] to amend section 3 of an act to amend an act regulating foreign insurance companies, which was read the first time and passed to the second reading.

Mr. HANDY offered a concurrent resolution that the engrossing clerk, [M. E. Lock], be allowed the sum of $50 for extra services as Janitor for the engrossing and enrolling rooms.

It was laid on the table.

Mr. HUBBARD presented a memorial from the Society of Friends against capital punishment, petitioning for its repeal, and substituting therefor imprisonment for life.

Mr. SAINT presented a petition on temperance, signed by 11,090 citizens of Madison and Henry, and for prohibition if possible, and local option if they can not get anything else.

Mr. MARCH introduced a bill [H. R. 650] to amend sections 6 and 635 of the general practice act, which was read the first time and passed to the second reading.

The Speaker submitted his report for the warrants drawn for the per diem, mileage, etc , of members.

Mr. HUMPHREYS offered a concurrent resolution , which was adopted, that the Speaker draw his warrant for $69.62 for amounts allowed for washing towels, etc., as reported favorably by committee on claims.

Mr. FAULKNER offered a concurrent resolution, which was adopted, that the two Houses adjourn at 5 o'clock this p. m. sine die.

Mr. OSBORNE, from the judiciary committee, returned the resolution submitted to them this morning in reference to per diem of Mr. Fleming, and reported that they find he is entitled to the same,provided he was absent on account of sickness. The report was concurred in, and the resolution was taken up, read and adopted by yeas 68, nays 16.

Mr. BLOCKLEY offered a concurrent resolution that Thos. McDaniel be allowed an extra pay of $2 per day.

The resolution was laid on the table.

NEW PROPOSITIONS.

Bills for acts were introduced, read the first time and severally passed to the second reading as follows:

By Mr MARCH, [H. R. 651] to amend section 350 of the general practice act.

By Mr. Nave, by request, [H. R. 652] to amend sections 15, 19 and 22 of an act to provide for the incorporation of towns, approved June 11, 1852.

By Mr. SAINT [H. R. 653] defining the terms of pike, plank, gravel and other toll roads.

By Mr. HEROD [H. R. 654] to provide for the release and satisfaction of judgments against persons at the time of being adjudicated bankrupts, and from the payment of which they have been duly discharged by the district courts of the United States.

By Mr. HEROD, [H. R. 655] to amend section 447 of the general practice act.

The SPEAKER said the time having arrived, according to a concurrent resolution passed by the Senate and House for the adjournment of this present session, he would conclude the labors thereof by saying that he had endeavored to do his duty as best he could, and had given no distinction to any member on account of political preferment. If he had failed in the discharge of hi duty it way the result of his inability to accomplish it. He had done what he could to expedite the business of the session and had even tried to detain members later than they seemed willing to stay. If in the discharge1 of his duties he had seemed to do injustice or had offended page: 249[View Page 249] any one he was sorry. He then declared the House of Representatives of the Fifty-first General Assembly adjourned without day.

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