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Brevier Legislative Reports, Volume XIX XX, 1881, 475 pp.
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HOUSE OF REPRESENTATIVES.

SATURDAY, March 6, 1881--9 a. m.

The session was opened with prayer by Rev. W. H. Hinkley, of the Swedenborgian Church, this city.

The reading of the Clerk's journal was dispensed with.

EXTRA ALLOWANCE TO MEMBERS.

The Committee on Claims reported on the resolution concerning the allowance to the members of the Prison Committee, recommending an allowance to the Chairman of $40, to each of the other members $30, and to the Clerk $15, on account of their expenses in performing official visits to the Prisons North and South.

The report was concurred in.

SENATE BILLS PASSED.

Mr. CAUTHORNE moved to suspend the constitutional rule that Senate bills may be read the first and second time by title only, snd the third time by sections, that they may be put on their passage.

The motion was agreed to--yeas, 71; nays, 2.

Senator Compton's bill [S. 5. See page 241 of these Reports] amending Sections 8, 17, and 18, of the act to regulate the workings of coal mines and providing for a Mine Inspector, was read the first and second time by title only--the third time by sections, and finally passed the House by--yeas, 73; nays, 2.

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Senator Viehe's bill [S. 180. See page 94] to amend Section 1 of an act for the protection of the Sabbath, and to provide penalities for the descration thereof, being read the first and second time by title only, and the third time by sections--

Mr. CAUTHORNE said the bill is intended simply to cover cases where one party executes a note to another on the Sabbath and dates it on a week day, and the note gets into the hands of innocent parties; so the payee can not set up a defense that it was actually executed on Sunday.

The bill passed--yeas, 65; nays, 13.

Mr. MILES moved to amend the title as follows: Strike out the title and insert the following: "To encourage the violation of the Sabbath."

On motion by Mr. SWITZER the amendment was laid on the table.

Mr. RYAN made an ineffectual effort to suspend the regular order and take up House bills on the third reading.

Senator Davis' bill [S. 328--see page 258 of these Reports] to authorize Judges of Circuit and Superior Courts to sign records in certain cases, was read the first and second time by title, and being read the third time--

Mr. NEFF said all this bill provides for is that the records of Courts be signed by the present Judge where left unsigned by a preceding occupant of the Bench.

The bill passed--yeas 77; nays, 0.

Senator Henry's bill [S. 175--see page 165] for the relief of the estate of Martin S. Pruit, deceased, Mr. Goldsbury and and William T. Wright, was read the first and second time by title, and the third time by sections and passed-yeas, 57; nays, 23.

Senator Coffey's bill [S. 41] to amend Section 48 of an act to divide the State into Circuits for judicial purposes [concernning Bartholomew and Brown Counties], fixing the time of holding Courts therein, abolishing the Courts of Common Pleas and transferring the business to Circuit Courts, and providing for the election of Judge and Prosecuting Attorney, was read the first and second time by title, and the third time by sections and passed--yeas, 74; nays, 0.

Senator Henry's bill [S. 241] fixing the compensation of the Speaker of the House of Representatives at $10 per day, was read the first and second time by title only, the third time by sections and failed to pass-yeas, 46; nays, 37.

Senator Poindexter's bill [S. 32-see page 85] to amend Section 2 of an act concerning the organizing of voluntary associations, etc., was read the first and second time by title only, the third time by sections and passed-yeas, 82; nays, 0.

Senator Bundy's bill [S. 50] to legalize the incorporation of the town of New Castle, Henry County, Indiana, and all additions made thereto, and the annexation of contiguous territory, etc., was read the first and second time by title only, and the third time and passed--yeas, 75; nays, 0.

On motion by Mr. KENNER it was ordered that when the House adjourn at noon to-day, it be to Monday next at 10:30 a. m.

Senator Van Vorhis' bill [S. 18--see pages 184 and 241] supplementary to an act approved March 14, 1869, repealing all general laws now in force for the incorporation of cities, providing for incorporation of cities, prescribing their powers, rights and manners in which they shall exercise the same, being read the first and second time by title only, and the third time by section--

Mr. CARTER said the bill did not affect any other city than Indianapolis, it being restricted to cities having 60,000 inhabitants. It makes a change in the election of officers, so as to make it occur in the fall instead of in the spring, as under existing law.

The bill passed--yeas, 74, nays, 1.

Mr. MEREDITH called up the bill [S. 241] fixing the compensation of the Speaker of the House at $10.

The SPEAKER said, for the information of the House, that this biill did not come here at his solicitation, and he desired it should be subject to the action of the House, as though it did not affect his interest.

Mr. ROBINSON, of Decatur, moved to amend I the bill by striking out the words "ten dollars" where it occurs, and inserting in lieu thereof "eight dollars."

The amendment was adopted.

On motion by Mr. MEREDITH, the amendment was considered engrossed.

Mr. WRIGHT said he would vote for the amendment fixing the Speaker's salary at $8 per day. There seemed to be a tendency on the part of the House to increase expenses and salaries instead of decreasing them.

Mr. MELRATH could not approve of an increase of almost 50 per cent. at this time.

Mr. CARR, of Morgan, said he could vote for the bill as amended.

Mr. MITCHELL did not consider the services of the Speaker of the House or Lieutenant Governor worth any more than that of the Members. The Members who occupy their seats upon the floor and those working in Committees labor from 9 a. m. in the morning until 10 and 12 p. m. at night. They are doing the work of the House. As a general thing, men are remunerated according to the work which they perform. Mr. McSHEEHY--It is a well known fact which every reasonable person will admit, that the duties of the Speaker of the House are greater than that of any other member. He is compelled to study night after night upon questions of parliamentary usage. Even with all this study it is sometimes difficult for him to decide questions. The Constitution plainly says that the per diem of the Lieutenant Governor shall be the same as the Speaker of the House of Representatives, and clearly indicates the fact that the intention of that instrument was that the Speaker should receive more than other members of the House. I am heartily in favor of this bill.

Mr. COLE demanded the previous question, which was seconded by the House, ad under its operations the bill passed--yeas, 51; nays 29.

Mr. COLE made a motion, which was lost, that the regular order be suspended and that the Committee on Agriculture be requested to report immediately on the bill [H. R. 417] to encourage the destruction of birds that kill poultry, and that the House go into Committee of the Whole thereon.

Senator Van Vorhis' bill [S. 93. See pages 83 and 199] to establish a State Board of Health to consist of four members to be appointed by the Governor, was read the third time.

Mr. EDWINS said this bill simply provides for a Board of Health to be appointed by the Governor. Such Board are to receive no pay during their term of office with the exception of their expenses. The expense of the entire Board was only $5,000 a year--the cheapest Board of Health in the land. He said the bill was a facsimile of the one in operation in Michigan, with the exception of Township Boards.

Mr. LINSDAY said there was a great deal of misunderstanding about this bill; that it created no County expenses,as is supposed by some.

Mr. CAUTHORNE moved to reconsider the vote by which the time to adjourn was fixed from 12 o'clock to Monday at 10.30 a. m.

The motion to reconsider was agreed to.

Then came the recess till 2 o'clock.

AFTERNOON SESSION.

Mr. STEWART moved that the House concur in the Senate amendments to the bill [H. R. 309--See page 243] lowering jurors' fees, striking out the title and substituting a new one, etc.

The amendment was agreed to.

Senator Van Vorhis' bill [S. 93] establishing a State Board of Health, passed--yeas, 66; nays, 20.

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On motion by Mr. EDWINS, the Speaker appointed Messrs. Edwins and Frazer to constitute the Conference Committee on the part of the House to confer with the Senate Committee in regard to the Speaker's salary bill [S. 241.]

Mr. COLE moved that the Agricultural Committee be instructed to report on Mr. Cabbage's owl bill [H. R. 417] instanter.

The motion was agreed to.

The Committee on Agriculture thereupon returned the bill [H. R. 417] encouraging the destruction of such birds as prey upon poultry. Acting upon the request of the author of the bill, the Committee recommend that it be made a special order for next Monday at 10 o'clock a m.

Mr. BERRYMAN submitted an amendment as follows: "Add to the bill ground hog or any other hog that kills young goslins."

Mr. CABBAGE, by request, referred to the objects of and benefits to be expected from his bill, if passed. He said this bill was prepared in the interest of the poor people. The Legislature generally has been enacting laws in behalf of the money class. This measure is in the interest of the poor people of the country who are asking you to favor them, to give them a law to encourage the killing of destructive birds, etc. That the rich class of people must have all the legislation is ridiculous. This bill gives the power to the County Commissioner to pay a premium for every bird destroyed. I am certain there ought not to be any objection to this bill.

Mr. COLE moved to amend so that no hen be entitled to the benefit of this act unless it can be shown by two competent witnesses that she is laying at least four eggs per week during the months of January and December.

Mr. WALKER moved to amend by adding "the woodpecker" as one of the birds of prey.

The amendments wer rejected.

The report of the Committee was concurred in.

[H. R. 165]: To legalize the Greentown and Jerome Gravel Road Company, Howard County, was taken up, read the third time and passed--yeas, 67; nays, 1.

The Committee on Conference reported a unanimous recommendation that the House recede from its amendments, to the "Speaker's salary bill."

The report was not concurred in.

Mr. FANCHER entered a motion to reconsider the vote by which the bill [S. 180] concerning the breaking of Sabbath was passed.

Mr. FANCHER moved to reconsider the vote by which the bill [S. 132] appropriating $6,000 to remove a sand-bar in the Calumet River was ordered returned to the Senate.

Mr. CARTER thought it would not be treating the Senate with proper respect to say that we will refuse to return this bill. He said a refusal to return this bill might result in its defeat. If there is anything good in the bill, let the Senators amend it as they think proper. He appealed to this body not to treat the Senate with contempt.

Mr. CAUTHORNE thought to return this bill was a courtesy that the House should extend to the other branch of the Assembly.

Mr. MOODY thought the bill should be returned; that it was a mere matter of business, regardless of the prejudices of an individual member of the Senate. It could do no harm, and it might do a great deal of good.

The motion was rejected by yeas, 38; nays, 22.

On motion by Mr. RYAN, the House took a recess until 7:30 p. m.

NIGHT SESSION.

Mr. CARTER obtained leave of the House to introduce the following bill:

By Mr. CARTER--Bill [H. R. 440] in regard to paying of labor in State Prisons was read the first time.

On motion by Mr. CAUTHORNE, the bill [S. 180] was ordered to be returned the House.

The bill [S. 333] relating to the State Fish Commissioner was read the first time.

Mr. McSHEEHY submitted a report from the Committee on Affairs of the City of Indianapolis on the bill [H. R. 391] authorizing a tax to be levied for the erection of market house, etc., recommending the passage of the bill.

The report as concurred in and the bill second time.

Mr. White's bill [S. 25], repealing an act and providing for a Coal Oil Insector, was read a first time.

The Committee on Ways and Means reported on the bill [H. R. 103], relating to the listing and taxing of property, recommending indefinite postponement.

The report was concurred in.

Mr. Mason's bill [H. R. 221], for the relief of Wade, Smythe, Vale and others, in Portage Township, Gibson County, was read a second time and ordered engrossed.

Mr. Traylor's bill [S. 331], defining the Eleventh Judicial Circuit of Indiana, was read a first time.

Mr. Hostetter's bill [S. 209], legalizing acts of Notaries Public whose terms have expired, was read the first time.

Mr. Comstock's bill [S. 192], legalizing proceedings of School Trustee of Milton County, was read the first time.

Mr. Menzie's bill [S. 155], concerning acknowledgments, was read the second time.

Mr. Hostetter's bill [S. 84], amending Section 8 of the election law, was read the first time.

Mr. Linsday's bill [H. R. 339], relating to bridges and the erection and repair thereof, was read a second time and ordered engrossed.

The Committee on Township and County Business reported with amendments to the bill [S. 10], authorizing County Commissioners to convey cemeteries, and providing for their interment.

The Committee on Federal Relations reporting on the whipping laws, recommending its passage.

The report was concurred in.

The Committee on Corporations reported on the bill [H. R. 418] amending Section 54 of an act relating to the incorporation of cities and towns, recommending its passage.

Report was concurred in.

Mr. Menzies' bill [S. 156], relating to partitions, was read a second time.

The Judiciary Committee reported on the bill [H. R. 414] legalizing the records of the Circuit and Common Pleas Courts of thi State, and the bill was read a second time and ordered engrossed.

By Mr. CARTER, the bill [441], providing that the 22d of February be a legal holiday, was read the first time.

The Committee on Township and County Business reported on the bill [S. 130] in relation to the education of pauper children, recommending its passage.

Report was concurred in. The bill was read a second time and ordered engrossed.

The bill [S. 245] enlarging the power incorporated cities was read a second time.

The bill [S. 114] permitting amendments of defective bonds, being supplemental to existing laws, was read a second time.

The Committee on Ways and Means recommended the indefinite postponement of the bills [H. R. 259 and 289] relating to drainage and a bill upon the same subject recommended for passage.

Concurred in.

The Judiciary Committee reported on the bill [H.R. 433] relating to wills, and recommended its passage with amendments.

Concurred in.

The Agricultural Committee reported favorably on the bill [H. R. 400] to encourage the improvement of live stock.

The bill was read a second time and ordered engrossed.

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The Judiciary Committee reported favorably on the bill [H. R. 433] relating to Street Railroad Companies, recommending its passage.

Report was concurred in, the bill was read the second time and ordered engrossed.

The same Committee reported on the bill [H. R. 434] amending Section 15 of an act providing for the incorporation of Railroad Companies, recommending its passage.

Report was concurred in, the bill was read the second time and ordered engrossed.

The Committee on Affairs of the City of Indianapolis reported on the bill [H. R. 166] relating to prostitution, recommending indefinite postponement.

Report was concurred in.

The Committee on Agriculture reported on the bill [H. R. 390] relating to surplus tax fund.

The bil1 was read a second time and ordered engrossed.

The same Committee reported on the bill [H. R. 364] relating to useless and sheep-killing dogs, recommending its passage.

Concurred in. The bill was read a second time and ordered engrossed.

The same Committee recommended the passage of the bill [H. R. 231] relating to partition fences.

Concurred in. The bill was read a second time and ordered engrossed.

The same Committee recommended the passage of the bill [H. R. 208] relating to estrays, etc.

Report was concurred in. The bill was read a second time and ordered engrossed.

The bill [S. 67] in relation to terms of Trustees was read a second time.

The following described bills were introduced, read the first time and severally referred:

By Mr. RIDPATH, the bill [H. R. 442], an act in relation to the removal of the principal office of corporations.

By Mr. FRAZER, the bill [H. R. 443] to legalize the incorporation of the town of Syracuse, Kosciusko County.

By Mr. FRAZER, the bill [H. R. 444] to legalize the incorporation of the town of Silver Lake, Kosciusko County.

By Mr. GARDNER, the bill [H. R. 445] to amend Section 22 of an act of the fee and salary bill.

Then the House adjourned until l p. m. Monday.

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