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

WEDNESDAY, March 26,1879-- 9 a. m.

The minutes were not read.

On the motion of Mr. CONNOR a committee of conference was ordered over the disagreements of the Senate amendments to the homestead bill, H. R. 22.

The speaker made the committee to consist of Messrs. Connor and Daily.

Mr. FAULKNER offered a resolution that, as the regular session had purchased the revised statute for the use of members at $12 per set, and that the House refused to concur therein, a conference was had, which, agreed to pay $8 per set for said statutes, which conference was agreed to by the House, and the Senate amended the specific appropriation bill, providing for the pay of the statutes at $12 per set, that the concurrent resolution adopted at the regular session, providing for the payment, be rescinded, and no money be drawn for said statutes, except as provided for in the specific appropriation bill, and that said statutes shall be delivered to the State librarian at the close of this session as State property, which was referred to the judiciary committee.

The Senate joint resolution providing for the transfer to the adjutant general's office of all papers relating to the Morgan raid claims, and providing for the withdrawal of the same by the owners, was adopted by yeas 62, nays 16.

The Senate amendments to Mr. Ginz's bill [H. R. 261] for the security of laboring men in cases of assignment,was further amended, and the Senate amendments, as amended, were concurred in.

The Senate joint resolution authorizing the governor and secretary of state to release to Catharine Christian all the right and title of the State in and into the parcel of real estate held and owned by her in Southport, Marion county, was passed the House by yeas 68, nays 13.

The Senate concurrent resolution for the final adjournment on next Saturday at noon being read--

Mr. ALLEN of Putnam moved to amend by making the time Monday, March 31, 1879, at 12 o'clock, meridian.

Mr. HUMPHREYS was opposed to this resolution because two of the most important bills of this session were now before conference committees, to-wit: the fee and salary and homestead exemption bills.

Mr. BRIGGS said there are two bills pending before the Assembly that ought to be passed before the adjournment. The people demand the passage of a fee and salary bill. One is now before the conference committee which will reasonably reduce fees and salaries and save to the people the cost of this session. page: 73[View Page 73] The bill revising and amending the school law will probably pass the Senate to-day, with amendments, that will save the people $100,000. There is a homestead bill about completed. It will take the next three days to perfect these bills, and pass them. If we adjourn Saturday we only have until to-morrow evening to pass these bills, and if we fail to pass these bills we will not do the people or ourselves justice. Let us get these bills passed within the next three days , and then take up this resolution to adjourn. We can do this and adjourn Monday next.

Mr. LEHMAN was in favor of this adjournment next Saturday. He was as anxious as any one to pass a fee and salary bill, but all this could be accomplished if the House was willing. If you set your stake the House will then work to it. An adjournment on Saturday will save to the people at least $3,000.

Mr. MARCH said we were sent here to do our duty, and while there is any prospect of bringing to a satisfactory termination important measures we ought to stay here until that is done.

Mr. TAYLOR, of Daviess, thought that we ought not to adjourn until the business of legislation shall have been accomplished. He will willing to agree to the adjournment on Monday, because he thought in that time we could take all the action necessary upon the important measures now pending.

Mr. DRAKE thought if we agree to adjourn on Saturday the fee and salary bill will go where the woodbine twineth.

Mr. OVERMEYER said all the effort to adjourn seems to develop the fact to be that the majority of this House does not intend to adjourn until the constitutional limit. If we can not pass a fee and salary bill by Saturday we can not pass one at all.

Mr. JOHNSON said the very men that desire to prevent the passage of these important bills before us are the very men that are urging an early adjournment. We should go to work and complete the business and not take up the time of the House in the vain effort to pass buncomb resolutions.

Mr. WILLARD said if we had fixed a determinate day for an adjournment, we would have worked to that day, and would have had the business complete, and more than likely ready to go home before this time. The course we are pursuing is likely to make this Legislature odious to the people He was willing to pass a fee and salary bill, but let us fix a time to adjourn.

Mr. THOMPSON: The question is, will we labor two days longer and complete the work, or will we adjourn and leave important matters unfinished? He was in favor of the resolution to adjourn on Monday, and of working to that adjournment.

Mr. CUNNINGHAM in voting for an adjournment on Saturday was satisfied his people would sustain him.

Mr. WIMMER moved ineffectually--yeas 30, nays 59--that the further consideration of the resolution be postponed until to-morrow at 2 o'clock p.m.

Mr. DAILEY moved ineffectually to add provided that the fee and salary bill and the schoolbook bill shall have passed.

Mr. ALLEN'S amendment fixing the time for Monday at noon was then agreed to by yeas 49, nays 40.

Mr. ENGLISH, when his name was called, in explanation of his vote, said: He was not to be frightened from his position in favor of an early adjournment by this cry of " county officers' lobby." "By their fruit ye shall know them." And he thought his position upon this fee and salary question was pretty well established. He had introduced the first bill introduced in this House providing for a reduction of fees and salaries of county officers, and had voted for the fee and salary bill which passed the House, and was to-day opposed to adjourning without the passage of a fee and salary bill. He favored and adjournment Saturday because he was fully confident that if the Assembly really wanted to pass a bill at all they could and would easily pass one by that time. He thought the time ample for that purpose. He had been consistently in favor of an early adjournment in the interests of a tax-ridden people, and had so voted upon every proposition to that effect, and on the first day of the session had introduced a resolution providing for an early adjournment, which was defeated. He voted " no.".

The resolution, as amended, was then adopted.

Mr. EDWINS called up his railroad fare bill, H. R. 214, that heretofore failed to pass for want of a constitutional majority, which was again put upon its passage, and failed to pass by yeas 33, nays 34.

Mr. SHANK called up his motion to reconsider the motion by which the bill [S. 21] to amend sections 1, 5, and 7 of an act establishing city courts in cities having a population of 6,000 inhabitants, was indefinitely postponed.

Mr. STEVENS said he believed the House did not understand the provisions of this bill. It had been stated that it is a bill to create city judges, but this was a mistake. The bill seeks only to amend the act of 1875. It gives no additional power to create city judges, and he hoped the House would reconsider the vote.

Mr. LEHMAN hoped the House would not reconsider the vote by which the bill was not indefinitely postponed.

Mr. ENGLISH was willing that the motion, by which the bill was indefinitely postponed, should be reconsidered, as he had had a conference with the author of the bill and he was willing the bill should be amended.

Mr. MIERS was opposed to this bill, because in his judgement, it created a new office, which he thought was useless.

Mr. OVERMEYER was in favor of the bill with the amendments proposed.

Mr. WORKS would oppose reconsideration on the ground that he was opposed to the amendment.

Mr. OSBORNE of Elkhart had no objection to the bill so far as he knew.

Mr. BAKER moved ineffectually--yeas 26, nays 55--that the motion to reconsider be laid on the table.

The motion to reconsider was then agreed to.

MR. ENGLISH moved that the bill be referred to a special committee with instructions to amend.

Mr. WORKS moved that the committee be instructed to strike out all after the enacting clause and insert that the act establishing city courts in cities having a population of 6,000 inhabitants be and the same is hereby repealed.

The amendment (Mr. Works') failed for want of a two-thirds vote--yeas 41, nays 33.

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

AFTERNOON SESSION.

On motion the further consideration of the bill [S. 21] was postponed until April 3, 1879, at 2 o'clock p.m.

The bill [S. 458] for a compilation and revision of the statutes was read the first time.

On the motion of Mr. OSBORNE of Elkhart the constitutional rule was suspended--yeas 67, nays 1--the bill read the second time by page: 74[View Page 74] title, the third time by sections and finally passed the House by yeas 67, nays 6.

Mr. WORKS' bill [H. R. 699) providing for the election, fixing the compensation and prescribing the duties of the attorney general, etc., was read the third time.

Mr. SLEETH moved to amend by adding: "Provided further, That the attorney general shall not be entitled to any fees or commissions for moneys collected from the United States," to which objection was made, when--

On his further motion, the bill was recommitted to a special committee, with instructions to insert the amendment proposed, and to report forthwith.

The SPEAKER made the committee to consist of Messrs. Sleeth, Tulley, and Taylor of Daviess.

Mr. SLEETH, from the special committee thereon, returned the bill with the amendment, as instructed by the House. The report was concurred in, and the bill finally passed the House--the constitutional rule being suspended for the purpose by yeas 77, nays 0.

The Senate amendments to Mr. Connors bill [H. R. 20] providing for a Bureau of Statistics and Geology--by adding "and the chief or his assistant shall have power to enter and examine as to the safety and sanitary condition of workshops and all places where people are employed," and reducing the salary of the chief from $1,500 to $1,200, and reducing the expenses from $3,000 to $2,COO, being read--

Mr. BRIGGS said these amendments of the Senate were tacked on to this bill to create a smelling committee to go over the State looking after other people's business, and he was opposed to concurrence in the amendments.

The House then refused to concur in the Senate amendments by yeas 31, nays 46.

Mr. SHUTT called up Mr. Tulley's bill [H. R. 613] for the redistricting of towns--a codification of all laws now governing towns--which was read the third time and finally passed the House by--yeas 52, nays 16.

Mr. SKINNER called up the bill [S. 56] prohibiting the courts of this State from entertaining jurisdiction of certain actions in certain cases, which was read the third time and finally passed the House by--yeas 62, nays 7.

Mr. SLEETH called up the bill [S. 195] for the redemption of real estate, etc., which was read the third time.

Mr. SLEETH obtained unanimous consent to strike out the proviso in section three, and with this amendment he believed the bill was a good one and ought to pass.

The bill then passed the House by yeas 71, nays 5.

Mr. SNODDY called up Mr. Kelley's bill [H. R. 353] defining what shall constitute a newspaper withins the legal meaning of the term--any newspaper published in Indiana that has adopted, and any newspaper that may here- after adopt what is commonly known as the auxiliary plan is hereby declared to be a newspaper within the meaning of that term--which was read the third time and failed to pass for want of a constitutional majority--yeas 49, nays 25.

Mr. OSBORNE of Elkhart asked and obtained leave of absence for the balance of the session on account of sickness in his family.

On motion by Mr. WIMMER the speaker was authorized to draw his warrant for Mr. Osborne's per diem to the close of the session,

Mr. STEVENS called up his bill [H. R. 16] defining what property held and owned by any person or persons, and transferred under the laws of this State to any township, town or city may be taxed for educational purposes in said township or city, which was read the third time, and passed the House by yeas 58 nays 19.

A message from the Senate informing the House that the Senate had refused to recede from its amendments to the bill [H. R. 20] to establish a board of statistics and geology, and asking for a committee of conference--being read--

On the motion of Mr. WATSON the House agreed to appoint a committee of conference.

The Speaker made the committee on the part of the House to consist of Messrs. Watson and Briggs.

Mr. WATSON introduced a bill [H. R. 70O] for an act calling for the fees, perquisites and emoluments, etc., of all State and county officers, which was read the first time and passed to the second reading.

The House then adjourned.

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