HOUSE OF REPRESENTATIVES.
THURSDAY, March 20,1879-- 9 a. m.The reading of the journal was dispensed with.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and passed to the second reading:
By Mr. SHUTT [H. R. 689] to amend section 74 of an act to divide the State into judicial circuits.
By Mr. ENGLISH, by request, [H. R. 690] to authorize the board of county commissioners to fill vacancies in the office of justice of the peace.
By Mr. STUCKER, [H. R. 691] providing for reducing the jurisdiction of the circuit courts and grand juries, and increasing the criminal jurisdiction of justices of the peace.
By Mr. ENGLISH, by request, [H. R. 692] to repeal sections 1, 2, 3, 7 and 8 of the act providing for the inspection of petroleum or other illuminating oils.
By Mr. HEROD, [H. R. 693] to authorize Thos. Mann to institute suit against the city of Indianapolis to recover money claimed to be due him from said city.
By Mr. HOPKINS, [H. R. 691] to amend section 50 of the city charter of Evansville,
By Mr. ENGLISH, by request, [H. R. 695] to authorize and enable the council of any incorporate town or city to remove any cemetery, or bodies therein deposited, whenever such cemetery shall become enclosed within the city limits, and a new cemetery provided.
Mr. March offered a concurrent resolution, which was adopted, instructing our senators and requesting our representatives to use their influence to amend the National banking law, in relation to the jurisdiction of the courts over controversies between banking associations located in any State or territory.
Mr. OVERMEYER offered a concurrent resolution that thia General Assembly will adjourn sine die on Saturday, March 22,1879 at 12 o'clock noon.
Mr. OVERMEYER said: We have now had nine days of the special session, at a cost to the people of about $1,500 per day. We have come as near to the accomplishment of nothing as could well be done in the time. All real work that is of any importance to the State, which we have done during the special session, could have been done in one day. The specific appropriation bill is on its third reading in the Senate, and could be massed and sent to the House now at any time within 20 minutes. In two hours the bill could be finally disposed of and if we can not complete the fee and salary bill to-day it will be because there is no very strong desire to complete it. Why, then, should we set here longer than until noon on Saturday? If all the political bills, in which Democrats feel an interest, have not been disposed of, shall the whole people continue to pay for keeping the Legislature in session simply because such political bills may be labored on farther? The people did not expect that we would hold a special session at all, and there was no necessity for the wasting of the regular session in such manner as to require a special session. The appropriation bills might easily have been completed at the regular session, and on any one day of this special session these bills might have been finished. It is evident to every member that the usefulness of this General Assembly is at an end. General business is neglected, and only political measures attract attention. Politics have been the bane of this Assembly. The business of the people has from the first been thrust aside, in order that the business of the Democratic party be finished. When committees should have met, a Democratic caucus intervened. When measures of importance to the people should have been considered, the Democracy interfered with political gerrymanders in a dozen shapes.
Mr. MIERS moved to amend by inserting Monday noon instead of Saturday noon. He said: The gentleman from Jennings (Mr. Overmeyer) says we have had political legislation enough. I am glad to see the gentleman from Jennings satisfied with political legislation for once in his life; he has more capacity for that kind of legislation than any other gentleman I know of- I think we have had about enough; we only lack one more act, and that is to pass the Congressional apportionment bill, and thereby wipe from our statute books the odious gerrymander made by the Republican party, backed up and agged on by the gentleman from Jennings. As to the adjournment on Saturday, or at a very early day, the gentleman from Jennings, nor any gentleman on this floor, is no more anxious than I am, as much as I would like for many of the important measures,that have passed the House and gone to the other end of the capitol, to become laws; if we had made a fee and salary bill I would vote with the gentleman from Jennings to adjourn on Saturday or even now, but believing that by Monday we can pass a fee and salary bill, and believing that we had as well pass a resolution that we are opposed to a fee and salary bill as to pass a resolution to adjourn on Saturday and offer the amendment. The people are as much interested in the subject of fees and salaries as any other subject before this House, and if gentlemen on this floor had used as much judgment as they did zeal and made a fee bill that the Senate could have acted upon instead of getting up a new one, we might now have a fee bill. I said when that bill passed. this House it was so unjust that the Senate page: 48[View Page 48] would have to prepare a new bill, as they have since had to do. The Senate is now at work on the fee bill, and to adjourn on Saturday is to lose all the work done on that subject. We can make a good fee bill by Monday and can not make one if we adjourn on Saturday. For that reason I am opposed to the adjournment on Saturday. I am not willing to lose a good part of the work done in 71 days in order to save two days, and gentlemen who vote for the resolution to adjourn before next Monday put themselves on the record as opposed to a fee bill. When the Senate sends us a fee bill let us pass it if we can; if we can't, let us appoint a conference committee and make a good fee bill as soon as we can and quit playing the demagogue and act like men.
Mr. ENGLISH moved that the resolution and amendment be postponed until Saturday at 2 o'clock p. m,
Mr. BRIGGS said the time ought not to be taken up by introducing and discussing resolutions to fix a time to adjourn. We ought to wait until necessary legislation required by the people is enacted, and when that is done we can resolve in half an hour to adjourn at a time fixed. As no bills under the constitution can be presented to the governor for his signature within two days of the end of the session, we should wait until the fee and salary bill and other bills absolutely required shall pass, and then fix the time two days thereafter to adjourn. We will do this within the next four or five days, and we can then return to our people with some degree of credit to ourselves and satisfaction to our constituents.
Mr. HESS said he thought our constituents would be satisfied if we went home at once. He thought all the important legislation required could be completed before 12 o'clock to-night, and the did not see any use of us staying here any longer.
Mr. WORKS said he had endeavored to be consistent upon this question of adjournment. He had voted against all of the resolutions fixing the time for adjournment in advance. This is a political measure,as much as anything that has been before the House. Every political caucus that is held is sure to be followed by this kind of bumcombe resolutions, introduced for the purpose of giving members of that party an opportunity to make a record to to please their constituents. What this House should do is to pass the important bills that are now before it, and those to be received from the Senate, and then it will be time enough to resolve to adjourn, and it should be done without delay. This resolution, if adopted, would prevent the passage of any bills after 12 o'clock to-night, and would cut off the most important legislation that has been before us. We should not hesitate to vote the proposition down.
Under the operation of the previous question the resolution and amendment was postponed, until 2 o'clock p. m. next Saturday, by yeas 54, nays 35.
Mr. MARCH, from the special committee thereon, returned the bill [S. 103] to authorize cities to contract, maintain and operate water works, etc., with amendments, and, when so amended, recommended its passage.
On the motion of Mr. TULLEY the amendments were considered engrossed, the bill read the third time and finally passed the House by yeas 60, nays 18.
Mr. CALDWELL called up his bill, [H. R. 671] appropriating $15,000 for the expenses of the special session, which was read the third time.
On the suggestion of Mr. OVERMEYER the amount was increased to $25,000 and then the bill passed by yeas 72, nays 4.
Mr. WILLARD called up the bill, [S. 426] to amend section 3 of an act concerning voluntary association and their perpetuity, so as there shall be no distinction on account of complexion, nativity or religious belief, as to charity bestowed on orphan children, etc., which was read the third time and passed the House by yeas 71, nays 4.
On the motion of Mr. TULLEY the bill introduced this morning by Mr. Shutt [H. R. 689] to amend section 74 of the act to divide the State into judicial circuits, was taken up, the constitutional rule suspended--yeas 75, nays 2--the bill read the second time by title, read the third time by sections, and passed the House by yeas 74, nays 9.
The SPEAKER laid before the House the message from the Senate announcing the pas- sage of the bill [H. R. 486] for Congressional apportionment with amendments. The amend- ments being read-
On the motion of Mr. ENGLISH the Senate amendments were concurred in by yeas 57, nays 37, as follows:
Those voting in the affirmative were: Messrs. Alden, Allen,Baker, Blockley, Briggs, Brown of Jasper, Caldwell, Carter, Compton, Confer, Cunningham, Daily, Dalton, Davidson, Davis, Drake, Drover, Edwins, English, Faulkner, Fleming, Flodder, Galbraith, Garoutte, Ginz, Handy, Hart, Hosmer, Humphreys, Huthsteiner, Johnson, Kester, Lehman, Miers, Mitchell, Nave, Osborn of Elkhart, Osborn of Vermillion, Perry, Reichelderfer, Rooker, Saint, Scholl, Schweitzer, Shauck, Shields, Shutt, Stucker, Taylor of Warrick, Thompson, Talley, Vanpelt, Van Valzah, Willard, Wimmer, Works, Speaker Cauthorn, H. S.--57.
Those voting in the negative were: Messrs. Arnold of Wabash, Bearss, Brown of Steuben, Campbell, Cary, Connaway, Conner, Copeland, Donnell, Fancher, Golden, Gordon, Harland, Herod, Hess, Hopkins, Hubbard, Kelly, Kirkpatrick, Lindley, Major, March, Messick, Overmeyer, Owen, Reed, Robeson, Robinson, Shanks, Skinner, Sleeth, Snoddy, Stevens, Taylor of Lagrange, Thornburg, Vawter, Watson--37.
Mr. HANDY called up his bill [H. R. 469] prohibiting the sale or transfer of any county order in the possession of any one who is indebted to the county for taxes, which was read the third time and passed the House by yeas 74,nays 9.
Mr. HART called up the bill [S. 313] to legalize sheriffs,' administrators,' guardians' and commissioners' sales in certain cases, etc.,. which was read the third time and passed the House by yeas 65, nays 17.
Mr. HEROD called up his bill [H. R. 568] supplemental to an act providing for a generals system of common schools in all cities of 50,000 or more inhabitants, and for the election of a board of school commissioners for such cities--to levy a tax of three cents on the $100 to build a public library building, which was read the third time and failed to pass the House by yeas 45, nays 37.
The House then took a recess until 2 o'clock,.
AFTERNOON SESSION.
Mr. SAINT offered a resolution, authorizing the Speaker when the roll call is resumed for the calling up of bills by members, to commence with the last name calling up towards the first . He spoke in favor of this resolution, protesting against the unjustness and unfairness of commencing always with the letter A, by which rule himself and others with names low down in the alphabet have been unable to advance legislation in which their constituents are particularly interested.
Mr. HESS called up his bill [H. R. 587] to repeal an act amendatory of an act for the in-[corporation] page: 49[View Page 49] [in]-corporation and continuance of building, loan and saving associations, which was read the third time and finally passed the House by yeas 62, nays 12.
Mr. HEROD again called up his bill H. R. 568 authorizing a city of 50,000 inhabitants or more to levy a tax of 3 cents on the $100 to build a public library, the bill having failed this morning to receive a constitutional majority, was again put upon its passage and finally passed by yeas 52, nays 28.
Mr. HOPKINS called up his bill [H. R. 436] to amend an act for the organization of county boards and to provide for the collection of money received by county commissioners without authority, which was read the third time and finally passed the House by yeas 79, nays 0.
Mr. HOSMER called up Mr. Briggs'bill [H. R. 672] to legalize the official acts of the board of trustees of the town of Merom, Sullivan county, which was read the third time and passed the House by yeas 74, nays 2.
Mr. HUBBARD called up Mr. Miers' bill [H. R. 105] to regulate the practice of denistry, which was read the third time and finally passed, the House by yeas 63, nays 16.
Mr. HUMPHREYS called up Mr. Davidson's bill [H. R. 203] to enable cities incorporated under the general laws of this State to aid in the construction of railroads, gravel roads, railroad machine shops, hydraulic and water companies and bridges, which was read the third time and failed to pass for want of a constitutional majority, by yeas 48, nays 29.
Mr. OSBORNE of Elkhart, for Mr. HUTHSTEINER, called up his bill, [H. R. 607] regulating the advertising of sheriffs' sales. It repeals the act authorizing the sheriff to advertise in a newspaper, and compel the posting up of printed notices instead.
Mr. BRIGGS was not in the interest of any newspaper, but he thought all sheriff's sales should be advertised in the county paper. He was opposed to the passage of this bill.
Mr. MARCH did not think the expense of publishing the sheriff's sales in newspapers was justifiable, and he Hoped the bill would pass.
Mr. EDWINS was opposed to the bill from the fact that advertisements put up on trees and fences by officers, generally do not last more than an hour or two, and he believed that advertisements where real estate was involved should be printed, in a paper of general circulation.
The bill failed to pass the House by yeas 35, nays 44.
Mr. VANVALZAH'S military bill [H. R. 688] was read the second time and referred to the committee on Military Affairs.
Mr. JOHNSON called up Mr. Saint's bill [H. R. 562] to prevent persons using any device such as billard, pool, card or other gaming tables, concert saloons, etc., which was read the third time, and finally passed the House by yeas 51, nays 25--as follows.
Vote taken on the passage of Mr. Saint's bill [H. R. 562], called up by Mr. Johnson:
Those voting in the affirmative were Messrs. Arnold of Wabash, Baker, Bearss, Blockley, Brown of Jasper, Brown of Steuben, Caldwell, Campbell, Carter, Confer, Connaway, Connor, Dalton, Davidson, Davis, Donnell, Drover, Handy, Harland, Hess, Hopkins, Hubbard, Johnston, Kelly, Kirkpatrick, Lindley, March, Mitchell, Osborn of Elkhart, Osborn of Vermillion, Overmeyer, Owen, Reed, Robeson, Rodman, Robinson, Rooker, Saint, Shanks, Shauck, Skinner, Snoddy, Stevens, Taylor of LaGrange, Taylor of Warrick, Thornburg, Tulley, Vanpelt, Vawter, Watson, Wimmer. Total, 51.
Those voting in the negative were Messrs. Alden, Briggs, Compton, Cunningham, Dailey, Drake, Edwins, Faulkner, Fleming, Flodder, Galbraith, Garroutte, Ginz, Hosmer, Kester, Lehman, Messick, Nave, Perry, Reichelderfer, Schweitzer, Taylor of Davis, Van Valzah, Willard, Speaker Cauthorn. Total, 25.
Mr. KELLEY called up his bill [H. R. 503] regulating loans of congressional township school funds. He said this bill requires county auditors, in making loans of we congressional township school fund, where the sum loaned is made up of amounts from different townships, to describe each fund in one mortgage instead of executing a separate mortgage for each fund, as is now the practice, and thereby avoid unnecessary expense to the borrower without in the least interfering with the legal division of the funds, or in any way lessening the protection now offered by law.
The bill then passed the House by yeas 67, nays 4.
Mr. KESTER called up his bill [H. R. 605] regulating weights and measures, which was read the third time, and finally passed the House by yeas 55, nays 16.
The House then adjourned.
