HOUSE OF REPRESENTATIVES.
THURSDAY, March 27,1879 9 a. m.Prayer service this morning by Mr. HANDY, representative from Hancock county.
The reading of minutes was omitted.
Mr. HEROD called up his bill [H. R. 693] for an act to authorize Thomas Wren to prosecute the city of Indianapolis to recover money claimed to be due him, which was read the third time and passed the House by yeas 71, nays 4.
Mr. STUCKER called up his bill [H. R. 229] to amend section 9 of an act touching the relation of guardian and ward, which was read the third time. He said this amendment requires the guardian to show an itemized statement or report of their ward's estates; to show to whom money is loaned, and upon what security. It is intended to save wards' estates, and save guardians' bondsmen. If this bill passes no guardian can convert wards'estate to his own benefit without the sureties knowing it, and the court will be better enabled to protect the ward. The bill then passed the House by yeas 82, nays 2.
Mr. TAYLOR of Daviess, called up his bill [H. R. 657] to amend section 642 of the general practice act, which was read the third time and finally passed the House by yeas 77, nays 0.
Mr. TAYLOR of Lagrange, called up the bill [S. 37] to enable the Board of Commissioners to dispose of allowances, where the same has remained uncalled for for a period of five years, etc., which was read the third time and passed the House by yeas 51, nays 16.
Mr. SNODDY called up the bill [H. R. 353] defining what shall constitute a newspaper within the meaning of the law, which failed for want of a constitutional majority, it was again put upon its passage and finally passed the House by yeas 71, nays 2.
Mr. TAYLOR of Warrick, called up the bill [S. 381] "That publication of legal and other official matters printed in the English language shall be lawful if published in any newspaper of general circulation published in the county," which was read the third time and finally passed the House by yeas 74, nays 2.
Mr. THAYER called up his bill [H. R. 417] for the protection of hotels, inn-keepers, and boarding-houses, etc., which was read the third time.
Mr. TULLEY thought the bill would give a chance for inn-keepers to arrest parties and. extort money from them on a mere pretense, He was therefore, opposed to its passage,
Mr. THAYER said just such a law had been in successful operation in the State of Michigan for some time, and he thought it was a good law and ought to pass.
page: 78[View Page 78]The bill then failed to pass for want of a constitutional majority yeas 39, nays 37.
Mr. THOMPSON called up his bill [H. R. 581] to amend section 1 of an act providing for voluntary assignments, which was read the third time and finally passed the House by yeas 72, nays 0.
The following telegram was read by the clerk:
PRINCETON, Ind., March 27,1879.
Hon. C. R. Faulkner, chairman special committee House of Representatives:
Sir--Last night I read the report of your committee. As you are aware, I have been unable to meet with the committee on account of the sickness of my wife and two little daughters. So far as your report shows small discrepancies to exist in certain counties, I hope to be able to explain them when I can personally examine the accounts, but your report, so far as it relates to me, seems devoted mainly to certain fees retained by my asssistants and myself. On that subject the law being loosely and awkwardly drawn, I took the opinion in writing or one of the best lawyers in the State--then governor--and 1 think such fees were retained in accordance with it. I desire that the courts may decide the question. If they hold I am liable for what was retained by assistants and myself it would probably amount to more than my bond. My situation for paying is just this: I have mortgaged all I have to my surety, hardly sufficient to idemnify. I have nothing else, haying come back here poorer by about $4,000 than when I went to Indianapolis four years ago. I then left a law practice worth over $5,000 a year, and so far since my return have had an equally good business, probably better. If the courts decide I owe anything I am willing to devote the balance of my life to work to pay it off, to show that I did not wish to steal anything from the State. It may be proper for me to add that while you will see I could have done so to large amounts, I actually had to borrow money to pay in part the freight on my household furniture to get back here. Do not understand me as finding fault with the committee, only I beg respectfully to dissent from its views of the law upon the subject of the fees of the assistants and myself. Please submit this to the House.
Very respectfully, O. A. BUSKIRK.
The report of the conference committee on the fee and salary bill [H. R. 344] was concurred in. It makes a general reduction of from 15 to 25 per cent.
Mr. ALLEN of Putnam desired to express his disapproval of the reduction of jurors' fees, while the salaries of judges remain as they were, viz:, $2,500 per year. He did not approve of the reduction. It was the laboring and business men of the county who were summoned to appear and act as jurors, and the amount allowed in this report ($1.50 per day) will not more than pay their board while attending court.
Mr. THORNBURGH called up the bill [S. 271] enlarging the jurisdiction of mayors of cities and justices of the peace in criminal cases, etc., which was read the third time.
On the motion of Mr. WORKS the bill was laid on the table.
Then came the recess till 2 o'clock.
AFTERNOON SESSION.
Mr. FAULKNER'S concurrent resolution in relation to the revised statutes for Senators, introduced early yesterday morning, was adopted.
Mr. TULLEY called up the bill [S. 267] to amend section 1 of an act to amend sections 550 and 551 of the general practice act, which was read the third time and passed the House by yeas 67, nays 3.
Mr. VAN VALZAH called up the bill [S. 374] to amend the charter of the town of Clarksville, which was read the third time.
Mr. LEHMAN moved that the bill be recommitted to a committee of three.
On the motion of Mr. EDWINS, the motion to recommit was laid on the table.
On motion of Mr. OVERMEYER the bill was laid on the table by yeas 46, nays 30.
Mr. VANPELT called up the bill [S. 31] to amend section 1 of an act authorizing school trustees in city or incorporated towns to pay over to such city or town surplus special school revenue, for the payment of indebtedness created for school building purposes, and legalizing acts where such surplus has been appropriated, which was read the third time and passed the House by yeas 69, nays 2.
Mr. VAWTER called up Mr. Stevens' bill [H. R. 160] to amend section 27 of an act regulating descents, which was read the third time.
Mr. STEVENS, explaining, said this bill amends section 27 so as to entitle the widow of a deceased husband one-third of his personal property after the payment of his debts. As the law now stands the husband may take advantage of his widow. He may have left 850,000 in personal property, and if by will his property has been secured to other parties the widow can hold but $500. This is unjust. When we deprive the good wives of our State of all participation in the making of our laws, by which the rights of property is determined, we should be just and generous. He hoped the bill would pass.
The bill then passed the House by yeas 71, nays 8.
Mr. BRIGGS, from the committee of conference thereon, returned the bill [H. R. 20] providing for a bureau of statistics.
The report of the committee was concurred in.
Mr. WATSON called up the bill [S. 198] requiring railroad engineers to sound the whistle before crossing highways, which was read the third time, and passed the House by yeas 64, nays 9.
Mr. WILLARD called up the bill, [S. 59] to amend section 22 of an act for the incorporation of towns, etc., which was read the third time, and finally passed the House by yeas 63, nays 15.
Mr. WIMMER called up Mr. Allen's, of Putnam, bill [H. R. 674] to define certain practice in the various courts, including mayor's courts, etc. It provides that where a trial is had before any mayor or justices of the peace for the violation of an ordinance or laws of the State, where such trial results in a conviction, and where a fine or other penalty is entered against the defendant, such proceeding had shall be a bar to any further proceeding, which was read the third time, and finally passed the House by yeas 61, nays 14.
Mr. WORKS called up the bill [S. 432] to amend section 10 of an act to establish a House of Refuge, etc., which was read the third time--infants admitted between the ages of 7 and 18 years--and finally passed the House by yeas 79, nays 0.
The SPEAKER, being at the foot of the roll call, at the request of Mr. English, called up the bill [H. R. 698] authorizing the Common Council and Board of Aldermen in all cities having a voting population of 16,000 or more, to ordain and enforce ordinances to provide for the regulating and licensing of certain trades, occupations, etc, which was read the third time.
Mr. WILLARD said he was against a law that would tax a real estate agent and not tax or license a doctor or a lawyer. He regarded page: 79[View Page 79] the bill as establishing a monopoly from one end of it to the other. It is dangerous, and ought not to pass.
The bill then failed to pass the House by yeas 20, nays 59.
Mr. SHANKS called up his bill [H. R. 389] that the wife, widow and minor child shall be entitled in the order named to the same rights of exemption of personal and real property, owned by the late husband or father, as the case may be, living, or if dead, having at the time of his decease been a resident householder, from sale or execution or other final process from a court, based upon or growing out of the tort or torts of the husband, late husband or father, that is, at the time such exemption is demanded, allowed by law to the debtor under legal proceeding, for the collections of any liability growing out of or founded upon a contract: expressed or implied, which was read the third time and passed the House by--yeas 65, nays 8.
Mr. BRYANT called up his bill [H. R. 624] to amend sections 103 and 101 of an act to provide for a general system of common schools, etc., which was read the third time.
On the motion of Mr. WORKS the bill was laid on the table.
Mr. JOHNSON introduced a bill, [H. R. 701] regulating the salaries of judges and members of the General Assembly, which was read the first time and passed to the second reading.
The bill, [S. 12] concerning the trial of civil causes in the circuit and superior courts, was read the third time.
Mr. WILLARD opposed the passage of the bill from the fact that he had experience in the Kentucky courts where such a law was In force, and knew its defects.
Mr. WORKS thought this was a good bill, and as the administration of justice in Kentucky did not cost more than one-third of what it does in other States, he thought their example might be followed in this, at least.
Mr. Herod was also inclined to indorse this bill, and hoped the House would pass it.
Mr. SLEETH was of the opinion that thia bill should pass, as it was a great improvement, and it would save much time, expense and wind.
Mr. MARCH thought it would compel the lawyers to argue the case twice or three times over, when once ought to be enough. He would vote against the bill.
The bill then passed the House by yeas 55, nays 27.
Mr. CONNOR submitted the report of the conference committee on the homestead exemption bill [H. R. 22] stating that the committee could not fully agree.
On the motion of Mr. OVERMEYER, the report was received and the committee discharged.
On the motion of Mr. SHANKS, a new committee of conference was ordered.
The SPEAKER made such committee to consist, of Messrs. Shanks and Humphreys.
The bill [S. 353] supplemental to an act concerning trusts and powers was read the third time.
Pending the consideration thereof, the House adjourned.
