HOUSE OF REPRESENTATIVES.
FRIDAY, March 21,1879-- 9 a. m.So much of the journal of yesterday's proceedings as related to the roll-call on the passage of the bill, H. R. 592, was read--when
Mr. CALDWELL said he was recorded as voting in the affirmative on the bill, [H. R. 562] to separate billiard, card, pool and other amusements from saloons where intoxicating liquors are sold, when the fact is he was not in the house, and he desired that the journal be corrected in that particular and that his name be stricken from the roll-call.
Mr. JOHNSON said if there was to be any trouble about the matter the vote on the bill should be taken again.
The SPEAKER suggested that the best way to get out of this difficulty would be to take another vote on the passage of the bill.
The journal was corrected by striking out the name of Mr. Caldwell from the affirmative vote by consent.
Mr. HUTHSTEINER, from the committee on insurance, offered the following, which was adopted:
Resolved, by the House of Representatives the Senate concurring, That the attorney general, auditor of state, and a third person to be appointed by the governor of the State, shall constitute a commission whose duty it shall be to prepare and present to the next General Assembly of the State a bill for an act embracing a codification of the insurance laws of this State, so amended and with such additional sections and provisions as will, when passed upon, provide an insurance law which. will properly regulate the business of foreign and domestic insurance companies doing business in the state, and provide for a proper collection and accounting of all moneys due from such companies, and embrace such other matter as, in the opinion of said commission, will be necessary to frame a good insurance law. The person to be appointed by the governor, as a member of said commission, shall be allowed such compensation for his services as may be determined upon and certified to by the attorney-general, the auditor and governor of the I state; provided such compensation shall not I exceed the sum of $200. The auditor of state is
page: 53[View Page 53]hereby authorized to draw his warrant on the state treasurer for the compensation above provided for. The attorney-general and auditor of state shall receive no compensation for their services as members of said commission.
Mr. WATSON called up his bill, [H. R. 623] to legalize the sale and conveyance of certain real estate in Randolph county, which was read the third time and passed the House by yeas 71, nays 1.
Mr. KIRKPATRICK called up his bill [H. R. 597] to encourage the building of free gravel roads, which was read the third time.
Mr. WATSON regarded this bill as looking in the right direction. If this bill be passed the older counties can afford and will buy up all the toll roads in the county and make them free.
Mr. HANDY said that in his county they had paid road tax enough to gravel two-thirds of the roads in the county, and he thought some law of this kind should be passed.
Mr. WORKS said if we wanted to buy these turnpikes, this was not the time to do it, and because this bill imposes a tax upon the people to buy these toll roads he was opposed to it. The bill then failed to pass by yeas 40, nays 47.
Mr. LEHMAN called up his bill [H. R. 477] defining burglary, which was read the third time, and finally passed the House by yeas 86, nays 0.
On the motion of Mr. ALLEN, of Putnam, the vote on the rejection of the claim of Mr. Albert Moody for $325 was reconsidered.
On the motion of Mr. OVERMEYER the claim was referred to the committee on ways and means.
Mr. TAYLOR, of Daviess, moved to reconsider the vote by which the bill [S. 207] providing for determining, allowing and paying of claims against the State, etc., failed to pass the House of Representatives.
On the motion of Mr. COPELAND the motion to reconsider was laid on the table by yeas 64, nays 28.
The bill [S. 429] to legalize the election held in the year 1878, in the town of Washington, Daviess county, was read the first time and passed to the second reading. The House refused to concur in the Senate amendments to the House amendments to the bill [S. 103] to authorize cities to contract, maintain and operate water works.
On the motion of Mr. SLEETH a committee of conference was ordered and the Speaker appointed Messrs. Sleeth and Fleming as such committee on the part of the House of Representatives.
Mr. HOPKINS called up Mr. Davidson's bill [H. R. 203] to enable cities to aid in the construction of railroads, etc.; which failed to pass the House on yesterday for want of a constitutional majority. It was finally passed the House by yeas 56, nays 31.
Mr. LINDLEY called up his bill [H. R. 471] to enable the owners of wetlands to drain and reclaim them when the same can not be done without affecting the lands of others, which was read the third time and passed the House by--yeas 72, nays 9.
The House then took a recess until 2 o'clock p. m.
AFTERNOON SESSION.
On the motion of Mr. CALDWELL the bill [S. 197] to protect the ballot box was taken from the table and placed upon the calendar.
Mr. MAJOR called up the bill [S. 122 ] to provide for the repairs of free turnpike roads in the various counties of this State, which was read the third time.
Mr. SHANKS said the gravel roads now made need the passage of this bill to make them good roads and to guarantee the work needed until the road-bed is settled.
Mr. HESS said the law now authorizing the construction of gravel roads does not provide for the keeping in repair of these roads, and he knew of no other way than the way provided in the bill. He was in favor of its passage.
The bill then passed the House by yeas 64, nays 13.
Mr. MARCH called up his bill [H. R. 464] to amend sections 2 and 3 of the act defining who are of unsound mind, which was read the third time, and passed the House by yeas 74, nays 3.
Mr. MESSICK called up Mr. Herod's bill [H. R. 658] to amend an act authorizing insurance companies to reinsure their risks and close up their business, which was read the third time, and failed to pass for want of a constitutional majority--yeas 48, nays 38.
Mr. MIERS called up his bill [H. R. 107] to amend section 70 of an act to provide for the election of justices of the peace, which was read the third time, and finally passed the House by yeas 71, nays 11.
Mr. MITCHELL called up his bill [H. R. 312] authorizing the Governor to deposit, with the Adjutant General, papers and reports upon the Morgan raid claims, and to authorize a seal for the Adjutant General, which was read the third time.
Mr. OVERMEYER said his constituents' were interested in this bill. If we should pass this bill any one having a claim filed with the Adjutant General would have to pay him a fee before they could get possession of it. This Assembly had passed a concurrent resolution, which was deposited with the Governor on the 7th day of March, 1879, authorizing him to hand over to the proper person or his attorney any of those papers to which they are entitled. If you will leave these claims where they now are parties can get these papers without paying a fee for them.
The bill failed to pass the House by--yeas 32, nays 49.
Mr. OSBORNE. of Elkhart, called up his bill [H. R. 647] to protect the purity of the ballot box, which was read the third time.
Mr. WILLARD said the title of the bill was the best part of it. There were the same provisions in this bill that the House had decided against some days ago. So far as the purchasing of votes is concered, we were sufficiently protected now. The trouble was that the law was not enforced. He was also opposed to the clause that would compel the printing of the name of the party ticket at the head. He hoped the bill would not pass.
Mr. OSBORNE, of Elkhart, said the bill provides that when the party name is printed, at. the head of the ticket, the ticket should not have any other name thereon than members of that party. It was to prevent deception and fraud.
Mr. SLEETH thought it was very much such a bill as was passed upon a few days ago. He was here to say that every man should have the right to vote for whom he pleased. If the election board can determine the intention of the voter, that intention should be carried out.
The bill then failed to pass the House by yeas 34, nays 54.
Mr. NAVE called up Mr. Overmeyer's bill [H. R. 331] limiting taxation by township and school trustees not to exceed 10 cents on the $100 for special school,which was read the third' time.
On the motion of Mr. OVERMEYER, the bill was recommitted to a special committee of three with instructions to insert such amendments as he read and submitted,
The SPEAKER (Mr. Humphreys in the page: 54[View Page 54] chair) made the committee to consist of Messrs, Overmeyer, Nave and Conner.
The committee by Mr. OVERMEYER reported immediately that they had complied with the instruction of the House and recommended the passage of the bill.
The report was concurred in and the bill finally passed the House by yeas 63, nays 10.
Mr. OVERMEYER offered an amendment to the title and said he supposed the title was amended by consent.
The SPEAKER. (Mr. Humphreys in the chair.) I have so ordered it, and you can not go back on that. [Laughter.]
Mr. MESSICK called again for a vote on the bill [H. R. 658] concerning insurance companies, which failed this morning for want of a constitutional majority, and it finally passed the House by yeas 56, nays 23.
Mr. OSBORNE, of Vermillion, called up Mr. Fancher's bill [H. R. 418] to amend section 28 of the common school law, which was read a third time.
Mr. ALLEN, of Putnam, thought the provision in the bill allowing the patrons of the school to select the teacher was a good one, and he was in favor of this provision.
Mr. EDWINS said there was nothing in the bill but what every fair-minded man could subscribe to. The law simply proposed that the trustees could not employ a teacher in the face of a majority of the patrons of the school, and he therefore favored the passage of the bill.
Mr. THAYER said that the teacher selected by a majority of the patrons should have no more pay than if he were selected by the trustees. He hoped the present law would not be changed, and he opposed the passage of this bill.
Mr. BAKER and Mr. M1TCHELL were opposed to the passage of the bill.
Mr. REED looked upon this bill as a step backwards. A majority of the patrons can under the present law say who shall not teach their school, and as a whole the bill was a bad one, and should not pass.
Mr. FANCHER moved that the bill be referred to a special committee of three, with instructions to amend, and report in the morning.
The motion was agreed to,and the SPEAKER made the committee to consist of Messrs. Fancher, Allen and Baker.
Mr. OVERMEYER, at the request of Mr. Stevens, called up the bill [S. 21] to establish city courts in cities having a population of 6,000 inhabitants, which was read the third time.
Mr. ENGLISH moved that the bill be indefinitely postponed.
Under the operations of the previous question the motion was agreed to by yeas 54, nays 38.
And then the House adjourned.
