HOUSE OF REPRESENTATIVES.
TUESDAY, Jan. 23,1879-- 10 o'clock a. m.The SPEAKER called the House to order, and stated that the session would be opened with prayer by the Representative from Hendricks, Mr Snoody.
The reading of the journal proceeded until--
On the motion of Mr. HEROD the further reading was discontinued.
The SPEAKER said that inasmuch as a member of the Committee on Agriculture, Mr. Johnson, was sick and unable to meet with the committee, he would appoint Mr. Major in his place.
REPORTS FROM COMMITTEES
were presented and severally concurred in, unless otherwise stated, as follows:
Mr. BRIGGS, from the Committee on the Organization of Courts, returned the bill [S. 51] fixing the time for holding circuit courts in the Eleventh Judicial circuit, etc., with the recommendation that it pass.
Mr. ALLEN, from the Committee on Cities and Towns, reported the bill [H. R. 15] to legalize the election in the town of Edinburg.
Mr. COMPTON from the Committee on Mines and Mining reported the bill [H. R. 7] regulating the working of coal mines, recommending that two hundred copies be printed.
Mr. OSBORNE of Elkhart, from the Judiciary Committee returned the bill [S. 32] to allow the Judiciary Committee of the Senate and House of Representatives each a separate clerk, together with Mr. Willard's amendment--that the chairman of the group shall appoint the clerk--with the reccommendation that the amendment lie on the table and that the bill as it came from the Senate do pass.
Also in regard to the constitutionality of the pay of employes, that there was now no law to regulate the pay of employees. The committee recommended a bill [H. R. 269] prescribing the number of officers and employee and fixing their salaries.
He said that for the want of time the committee were unable to ascertain what offices were vacant in the benevolent institutions, and consequently were unwilling to report definately on this subject.
The SPEAKER announced the call by counties for the introduction of resolutions and bills.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and passed to the second reading.
By Mr. DAILEY, [H. R. 270] for the protection of the ballot box and to prevent bribery.
page: 60[View Page 60]By Mr. COMPTON, [H. R. 271] to amend sections 1, 2, 4 and 5 of an act authorizing Street Car companies to use street highways, etc.
By Mr. Donnell, [H. R. 272] to limit prosecutions under State and city laws.
By Mr. MARCH, [H. R. 273] prescribing forms of deeds for sheriffs or coroners. Also, [H. R. 274] to amend section 1 of an act to limit the number of grand jurors to six free holders.
By Mr. WILLARD, [H. R. 275] to prevent fishing in ponds on enclosed lands.
By Mr. CONNOWAY, [H. R. 276] to create the------circuit and for dividing the State into judicial circuits.
By Mr. DAVIDSON, [H. R. 277] to amend an act providing for a general system of common schools.
By Mr. HUMPHREYS, [H. R. 278] to exempt $500 worth of property from sale on execution.
By Mr. KIRKPATRICK, [H. R. 279] providing for the giving notice to non-residents.
By Mr. ROOKER, [H. R. 280] fixing the standard grade and toll on macadamized, gravel or other roads [grade, one foot in every 44 feet.]
By Mr. WIMMER, [H. R. 281] to amend section 2 of an act providing for a geological survey and State geologist. Also, [H. R. 282] regulating the salary of the superintendent of public instruction [$1,500]. Also, [H. R. 283] to amend section 1 of the act relating to salaries of public officers.
By Mr. BROWN, [H. R. 284] to enable owners Of lands to clean out ditches where the same can not be done without injury to adjoining lands.
By Mr. GOLDEN, [H. R. 285] defining libel. Also, [H. R. 286] supplemental to an act prescribing the duties of coroners [abolishing coroners' jurors].
Mr. OVERMEYER offered the following resolution, which was adopted: That the Committee on Ways and Means be instructed to inquire into and report upon the following matter to-wit:
- Whether the present system of sheriff's mileage, which coats the State $20,000 per year, may not be abolished, and said sheriff's be required to present their sworn bills to the boards of commissioners of the several counties so that their actual expenses and reasonable per diem only shall be paid.
- Whether the system of appropriating large sums of money to the governor, secretary, treasurer, attorney general and superintendent of public instruction, under the came of "contingent" or "incidental expenses," may not be discontinued, and whether a single fund may not be provided from which alone the necessary office expenses of said officials, including the supreme court, shall be drawn only on proper vouchers filed in the office of the auditor of state.
- Whether the clerical force of the governor, secretary and auditor of state, the attorney general and superintendent of public instruction may not be reduced so that the sum of at least $5,000 per annum may be saved.
- What need the State now has for a State geologist, and whether the department of said geologist may not be abolished and thus have more than $6,000 per annum.
- Why should the State purchase annually reports of the decisions of the supreme court, which cost the people more than $5,000 each year? And that said committee report by bill or otherwise.
He also offered a resolution, which was adopted, setting forth the cost of the State Normal School, State University and Purdue University for the four years ending October 31, 1878, to be $253,244.75; that the tax-payers hare received no corresponding benefit; that it was the duty of the State to provide common schools, but not her duty to provide colleges; that the Purdue University was amply endowed, and that the Committee on Ways and Means be instructed to inquire into the expediency of withholding any further appropriation to said institutions, and for the consolidation of said institutions, and repeal all laws making standing appropriations.
By Mr. THAYER, [H. R. 287] to abridge the duties of county superintendent, examiner or trustee. Also [H. R. 288] to regulate freights on railroads.
By Mr. DALTON, [H. R. 289] to amend an act providing for the election of justice of the peace, and prescribing jurisdiction. Also [H. R. 290] regulating the running at large of domestic animals.
By Mr. TAYLOR, of Lagrange, [H. R. 291] to amend sec. 17 of an act to provide for a general system of common schools. Also, [H. R. 292] to amend section 3 of an act to provide for a general system of common schools. Also [H. R. 293] defining certain felonies.
By Mr. EDWINS, [H. R. 294] to regulate and provide dead bodies for use in colleges, and to suppress grave robbing.
By Mr. ENGLISH, [H. R. 295] for a metropolitan police in cities of 30,000 inhabitants, and to abolish the office of city marshal.
- Section 1. Be it enacted by the General Assembly of the State of Indiana, that in all cities of this State of 30,000 or more inhabitants, according to the United States census when last taken, there shall be established within and for such city a board of Metropolitan police, to consist of two commissioners, to be appointed by the governor of the State, together with the mayor of such city for the time being, or whoever may be lawfully acting in that capacity. The said commissioners shall be citizens of the United States, and shall have been residents of such city for at least three years next preceding their appointment. They shall each hold their respective offices for four years, and until their successors shall have been appointed and qualified, and shall each receive a salary of $1,000 a year, payable quarterly. Before entering on the duties of their said office, the said commissioners and the said mayor, or acting mayor, shall take and subscribe before the clerk of the circuit court of the county within which such city is located, an oath of office, and shall also take and subscribe before such clerk the further oath or affirmation that in any and every appointment and removal to be by them made to or from the police force created and to be organized by them under this act, they will in no case, and under no pretext, appoint or remove any policeman or officer of police, or other person, because of any political opinion held by any such policeman, officer or other person, or for any other cause or reason than the fitness or unfitness of such person, in the best judgment of the said commissioners or mayor, for the place to which he shall be appointed or from which he shall be removed, and the said oath shall be recorded and placed among the records of said court.
- Sec. 2. The said board of metropolitan police shall have power to appoint a superintendent of the police force, a captain of police, one or more officers to be called and act as detectives, four sergeants of police, an attorney, surgeon;, one or more roundsmen, doormen, janitors, and not exceeding 50 patrolmen, who shall receive such compensation as the board shall determine. All persons so appointed shall serve during good behavior, but such board shall have power for cause assigned on a public hearing and on due notice, according to rules to be promulgated by them, to remove or suspend from office, or for a definite period deprive of pay, any officer or member of such police force, (except that detectives, attorney and surgeon may be dismissed at any time by page: 61[View Page 61] said board) and they shall have power to make general and special rules and regulation for the discipline and government of said force, and to make and promulgate general and special orders to said force through the superintendent of police, who shall be the executive head of the force.
- Sec. 3. The said board shall appoint one of their number to act as president, who shall be ex-officio a member of the board of health of such city, and they shall appoint some person not a member of the board to act as secretary said board in an amount and with sureties to be approved by said board, conditioned for the safe keeping by him, and his rendition up on the order of the board, of all money and other property which shall come into his hands by virtue of his office, and he shall receive such compensation annually as may be determined by said board, and hold his office at the pleasure of the board.
- Sec. 4. The qualifications, enumeration and distribution of duties, and mode of trial and removal from office of each officer and member of said police force shall be particularly defined and prescribed by rules and regulations of the board of police.
- Sec. 5. Said board of metropolitan police shall, on the taking effect of this act, assume and exercise the entire control of the police force of such city, and shall possess full and exclusive power and authority over the police organization, government, appointments and discipline with such city. It shall have the custody and control of all public property, including station houses and city prisons, books, records and equipments belonging to the police department. All existing police boards, police officers and police forces created and maintained by the ordinances or resolutions of the board of alderman or board of common council of such city are hereby abolished , to take effect upon the organization of the board of metropolitan police of such city.
- Sec. 6. The officers and members of such metropolitan police force shall possess all the common law and statutory powers of constables, except for the service of civil process.
- Sec. 7. It shall be the duty of the board of alderman and board of common council of such city as shall have two such boards, and of the common council of such city where but one of such boards exist, to provide, at the expense of such city, all necessary accommodations within such city limits for station houses to furnish the same, to warm and light the same by day and night, and to provide food for any person or persons detained in any of said station houses, when such food is deemed necessary for such person or persons by the officer in charge; also to provide for the payment, monthly, of the pay-rolls of the officers, members and employes of such metropolitan police board, upon the certificate of the president and secretary of such board as to the correctness of the same; also for such necessary office expense, record books, stationary, printing, telegraphing, badges, clubs, furniture for rooms, and for the preservation, repair and cleaning of the buildings and rooms used by the board, for advertising, fuel, lights, board of prisoners, and for the arrest, conveyanace and custody of prisoners, it being the intention and meaning of this section that the necessary expenses incurred in the execution of criminal process for offences charged to have been committed in such city by the board of metropolitan police, and the maintenance of the police department hereby created within such city, shall be a city charge to such city.
- Sec. 8. The members of the metropolitan police force shall have the exclusive power, and it shall be their duty, to serve all process within such city issuing from the mayor' or city judge' court of such city, and all the duties now performed by the city marshal or his deputy in serving writs, executing orders of said court, attending said court, conveying prisoners to and from the county jail or station houses of such city, for arraignment or trial before said court, or conveying prisoners to the house of correction, work house, reform school or county jail, or other place of punishment and imprisonment, under the judgment, sentence of order of process of said court, shall be performed by the members of said metropolitan police force, and the office of city marshal of such city is hereby abolished, and the duties of such officer shall hereafter be performed by the superintendent of the metropolitan police force of such city, or by the captain or sergeants of police, under his direction.
- Sec.9. No officer or member of such metropolitan police force shall receive for any service rendered by him in discharge of any police duty, or as witness in any case before the mayor of city judge, or for any duty performed as baliff of such, any fee or compensation whatever, except the regular fixed per diem or monthly allowance made him for his services as an officer or member of such police force.
- Sec.10. All laws or parts of laws coming in conflict with this act be, and the same are hereby repealed.
[Title and emergency section omitted.]
Then came the recess till 2 o' clock.
AFTERNOON SESSION
Mr. Willard offered a resolution which was adopted. That the chairman of the Fees and and Salaries Committee be and he is hereby instructed to employ an expert whose duties shall consist in obtaining and compiling statistics and information for the use of said committee, to aid them to arrive at a correct conclusion as to what may be the necessary and just amount of fees and salaries, county officers should receive; said expert to be employed for no longer period than actually necessary and the compensation he shall receive shall not exceed four dollars per day for the time actually employed.
On the motion of Mr. Edwins the special order--the consideration of the proposed constitutional amendments--was postponed until next Wednesday afternoon at 2:30 o' clock.
The SPEAKER then continued the call by counties for resolution, bills, etc.
NEW PROPOSITIONS
By Mr. CONNOR [H. R. 296] to fix the rate of travel in sleeping cars.
By Mr. GORDON [H. R. 297] to regulate the practice of medicine, Also [H. R. 298] to amend the act to authorize and erect a new State House.
By Mr. ROBINSON [H. R. 299] to prevent persons who are mortgagors of goods and chattels, and who by the terms of the mortgage retain possession of the same, from running off or hiding such goods.
Mr. MAJOR offered a resolution, which was adopted, declaring for a road commissioner to take charge of the free gravel roads.
By Mr. MIERS, [H. R. 300] to allow horse and street railway companies to run dummies.
By Mr. RODMAN. [H. R. 301] to amend an act to exempt property in certain cases from execution. [$1,000.]
By Mr. HUTHSTEINER,[H. R. 302] authorizing towns to pay salaries to librarians of public library; also [H. R. 303] to legalize the acts of the board of trustee of Tell City, in Perry County.
Also, a joint resolution, instructing our Representatives in Congress to use their influence for the relief of banks from the necessity of page: 62[View Page 62] the revenue stamp upon checks. The resolution goes to the Committee on Federal Relations.
By Mr. KELLEY, [H. R. 301] to amend section three of an act to regulate the sale of intoxicating liquors; also [H. R. 305] to prevent false and fictitious signatures to remonstrances.
By Mr. SLEETH, [H. R. 306] to require trustees of express trusts to record deeds in the county where the largest amount of property lies.
By Mr. SLEETH, [H. R. 307] to amend section 9 of an act to divide the State for judicial purposes.
By Mr. BRIGGS, [H. R. 308] to amend section 1 of the act declaring agreements to pay attorneys' fees in any evidence of indebtedness illegal and void--not to apply to contracts made previous to the taking effect of this act,
By Mr. 0SBORN of Vermillion, [H. R. 309] in relation to partition of real-estate, and supplementary to an act in relation thereto.
By Mr. ARNOLD, [H. R. 310] authorizing sheriffs and constables to follow defendant into an adjoining county and make an arrest.
By Mr. HARLAN, [H. R. 311] to punish tramps--by imprisonment in State's prison, not to exceed fifteen months; if found with deadly weapons, not to exceed two years; if convicted of more serious offences, five years: informers to be rewarded.
By Mr MITCHELL, [H. R. 312] to authorize a seat for the adjutant general--all records of the Morgan raid to be filed in his office. Also [H. R. 313] to provide a more speedy way of listing for assessment of personal property, and amending the act of December, '72, for the assessment of property: -assessor to attend all voting places to take lists of property liable to taxation.
Mr TAYLOR of Daviess a resolution for instructing and requesting the Indian delegation in Congress to secure the enactment of a law declaring children by polygamous marriages legitimate. It was referred to the Committee on Rights and Privileges.
By Mr. HART, [H. R. 314] to amend section 10 of the common school law, and declaring the manner in which trustees shall employ school teacher's--teachers to be elected by each school district.
The SPEAKER laid before the House a communication from officers of the Indiana Orphans' Home in response to a resolution of the House in regard to supplies purchased for said Home in the years 1877-8. The account may be found in printed reports which will be furnished.
Mr. TULLEY offered a resolution that 2,000 copies of the governor's report of pardons, commutations, etc., be printed for the use of the House,
Mr. OVERMEYER moved to strike out 2,000 and insert 200, which was agreed to.
The resolution as amended was laid on the table.
The SPEAKER laid before the House a communication from trustees of the Normal School stating that their printed report will furnish information called for by resolution of the House.
The communication also set out other expenditures not printed in the report.
The communication was referred to committee on education.
The bill [S. 4] to repeal the act establishing a superior court in the county of Wayne was read the first time.
The bill [S. 50] to amend Sec. 20 of the justice's act--with reference to changes of venue--but one granted to the same party--was read the first time.
The Senate concurrent resolution for instruction and request of Indiana congressmen to oppose repeal of the resumption act, which went into effect January 1, 1879, coming up--
Mr. OVERMEYER thought the House might as well take the vote now on the resolution.
Mr. WILLARD moved to lay the resolution on the table, which was agreed to by--yeas 50, nays 34.
Mr. HEROD offered a resolution, which was adopted, authorizing the clerk to keep a letter heads (lithographed) and envelopes for use of committees of the House.
By Mr. SAINT [H. R. 315] to amend secs. 3, 4, 13 and 16 of the liquor law, so as to require a petition signed by a majority of male citizens and voters of the ward or precinct before license shall be granted.
Mr. BRIGGS offered a concurrent resolution instructing our senators and requesting our representatives in Congress to endeavor to secure a modification of the revenue laws so as to allow to sell tobacco grown by themselves in small quantities.
Was referred to the Committee on Federal Relations, under the rule.
WORK FOR COMMITTEES.
The bills [H. R. 143--Mr. Mitchell's] to divide the state into congressional districts; [H. R. 144--Mr. Owen'] for the collection of damages growing out of the sale of intoxicating liquors from the seller and owner of the building, jointly: [H. R. 145--Mr. Owen's] to regulate the sale of intoxicating liquors--to be submitted to the voters of the township; [H. R. 146--Mr. Tulley's] bona fide indebtedness to be deducted from property listed for taxation; [H. R. 147--Mr. Tulley's] to enable married women whose husband is insane, to hold property exempt from taxation; [H. R. 148--Mr. Tulley's] to legalize sales of real estate in certain cass; [H. R. 149--Mr. Tulley's] making interest on money 6 per cent.; [H. R. l5O--Mr. Campbell's] legalizing the annexation of certain lands to the city of Logansport; [H. R. 151--Mr. Dalton's] to enable corporations of other States to hold and convey real estate lying in this State. [H. R. 152--Mr. Compton '.s] regulating interest on money at any rate not exceeding 6 per cent.;[H. R. 153--Mr. Stucker's] to transfer business of township assessors to the township trustees; [H. R. 154--Mr. Caldwells] to enable owners to drain wet lands when it can not be done without affecting the lands of others, were severally read the second time and referred to appropriate committees.
And then the House adjourned.
