HOUSE OF REPRESENTATIVES.
FRIDAY, March 11, 1881--9 a. m.The session was opened with prayer by Rev. S. H. Mitchell, member from Washington County.
Mr. FANCHER offered a resolution that a Committee of Five be appointed by the Speaker of the House on phraseology of bills and resolutions.
Mr. FANCHER thought it was necessary to have a Committee of this kind as the Committee on Enrolled Bills have no right to make any changes, and frequently find them necessary.
The resolution was adopted.
PRESERVATION OF TIMBER.
Mr. CABBAGE offered a resolution instructing the Ways and Means Committee to inquire what modification of our revenue laws, by the exemption timbered lands from taxation, would be calculated to promote the public welfare and report by bill or otherwise. The preamble of the resolution recites that scientific investigation and actual experience justified the opinion that the growth of forest trees and the preservation of wood lands are of the highest climatic and sanitary importance, and that the rapid decline in our timbered area, now nearly 12 per cent. of the original growth, is sufficient cause for public concern, and that it is the duty of the State to encourage the preservation of the timber. In his remarks upon the resolution. Mr. Cabbage stated that the denuding of hill sides of the trees had dried up the surface springs and rendered valueless large tracts of country. He also stated that fences were an expensive luxury, and advised ditching instead as tending to improve soil. "The want of today," said Mr. Cabbage, "is not more land to cultivate, but wiser cultivation." He read from manuscript a statement setting forth the necessity of encouraging the growth of timber in this State, both to agricultural and climatic improvement, etc.
On motion by Mr. THOMPSON, the resolution and the paper read was referred to the Committee on Ways and Means.
Mr. NEFF made an ineffectual effort to refer the resolution and manuscript to the Committee on Agriculture.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time and referred to appropriate Committees:
Mr. KENNER [H. R. 456]: To amend Section 117 of an act for the settlement of decedent estates. [Executors, administrators and guardians may at any term of Court present their accounts for examination to the Clerk of the Circuit Court who shall file the same, and interested decedents may file exemptions to the report.]
By Mr. WALZ [H. R. 457]: To amend Section 14 of an act for the incorporation of towns.
By Mr. O'NEAL: The bill [H. R. 458] to legalize mortgages given by guardians.
By Mr. BENHAM [H. R. 459]: For an act supplementary to an act to authorize cities and towns to negotiate the sale of bonds to procure means with which to erect suitable school buildings; to purchase any grounds or buildings for school purposes; to pay debts for the erection and completion of buildngs, etc., approved May 20, 1879.
By Mr. WALZ [H. R. 460]: To authorize the town of New Harmony, Posey County, to hold an election for town officers.
The Special Committee on Enrolled Bills reported that they had examined the bill [H. R. 453] and find the same correctly enrolled.
SEWER CONTRACT.
On motion by Mr. STEWART, the bill [H. R. 436] to authorize a contract with the city of Indianapolis for the construction of a sewer from the Deaf and Dumb Institute and the Reformatory for Women and Girls (appropriating $40,000) was read the second time.
JOINT RULES.
The Senate concurrent resolution that the joint rules for conducting business in the two Houses of the General Assembly during the last session be adopted as the general rule for the special session, was read and adopted.
THE HOUGH LIBRARY.
The Senate concurrent resolution that the State Librarian is authorized and directed to purchase for the use of the State the collection of books, etc., known as the David David Huff Library, providing that the same can be had at a cost not to exceed $1,000, being read--
On motion b Mr. FRAZER, the resolution was referred to the Committee on Public Libraries.
UNIVERSITY SQUARE.
The Senate concurrent resolution that a Committee of Five [two Senators and three Representatives] be appointed to inquire into the propriety and advisability of selling the University Park in Indianapolis, being read--
Mr. BUSKIRK--I do not think that resolution ought to prevail, for this reason: That any action of the House would not amount to anything. This property belongs to the State, and I do not see what the Legislature wants to do with it. It is out of the hands of the Legisture. There is no use disguising the fact that the jurisdiction of the General Assembly does not extend to such disposition--they should not interfere with the matter at all.
Mr. NEFF thought it would not do any harm to appoint a Committee. It is well known that it is a disputed question as to the authority of the Legislature in this respect. He thought the State had some rights in the matter, and did not know of a better way to find them out than to appoint a Committee to report,
Mr. BUSKIRK--I do not think the Legislature should take any steps in this matter as it is not a question to be settled by that body.
Mr. THOMPSON--This is a question that always comes before the Legislature by resolution otherwise. There are parties in this city who want to purchase this land. The General Assemblies hereto fore always failed to sanction the sale of that land. I think the concurrent resolution unnecessary and unwise.
The resolution was rejected.
Mr. Fancher's bill [H. R. 150] to amend Sections 16 and 17 of an act concerning inclosures, trespassing animals and partition fences being read the third time--
Mr. FANCHER said: "This bill proposes to amend Sections 16 and 17 of the law pertaining to partition fences. As the law now stands one adjoining land-owner may compel the other to repair a partition fence already existing or repair it himself and collect what it costs, but the of the amendment is to apply the cases where there has never been a partition fence, so amending said section as that one adjoining land-owner may serve the ordinary notice to constrct a new fence and recover the cost of the same as when there has existed a fence. It does not apply to land unoccupied."
The bill failed to pass--yeas, 36; nays, 39.
NOXIOUS WEEDS.
Mr. Miles' bill [H. R. 172) to require Railroad Companies to cause the destruction of Canada thistles and other noxious weeds along the railroad lines, being read the third time--
Mr. MILES said there was no other statutory provision that applied especially to this case, the bill which passed the other day being for the removal of rubbish, etc., but not for the destruction of this weed.
Mr. COTTON--As the statute now stands(of 1859), it provides that all persons shall destroy page: 30[View Page 30] Canada thistles whereever found, with a special provision that the Supervisor of Roads see that the act is enforced. I think this bill necessary.
The bill passed--yeas, 71; nays, 0.
BILLS READ THE THIRD TIME.
Mr. Gibson's bill [H. R. 193] to amend an act providing for the settlement of decedents estates, prescribing rights, liabilities and duties of officers, etc., approved June 17, 1852, was read the third time and passed--yeas, 72; nays, 0.
Mr. Kenner's bill [H. R. 195] to enable two Agricultural, Horticultural or Mechanical Societies to consolidate with each other, and conferring upon the consolidated Companies the same rights and powers as those of the original Societies, was read the third time and passed--yeas, 71; nays, 0.
Mr. Ryan's bill [H. R. 226] concerning pardons [making the Secretary Auditor and Treasurer of State a Board to consider pardons], was read the third time.
Mr. FRAZER--The bill provides that notice shall be given of the application before such pardon can be granted.
The bill failed to pass--yeas, 32; nays, 48.
Mr. Ryan's bill [H. R. 227]--see page 97 of these Reports--to amend Sections 3, 8 and 11, and repealing Sections 5, 6 and 7, of an act to provide for the election of Electors for President and Vice President, approved May 10, 1852, was read the third time.
Mr. NEFF--I hope the bill will not meet with the same fate as the bill preceding this one. This is also a bill introduced by Mr. Ryan, prepared by the Revision Committee for the purpose of amending the law in regard the manner of collecting the votes of electors at Presidential elections. You all remember we had some trouble in the State at the last election. This bill has been carefully prepared, and I hope that every Member will support it.
The bill passed--yeas, 70; nays, 0.
STATE LANDS.
A communication from the Attorney General was read, relating to the State's claim to certain lands, and--
On motion by Mr. LINDLAY, it was referred to the Committee on Ways and Means, with instructions that they report upon the same to this House, also upon a former communication from said officer.
STATE NORMAL SCHOOL.
in pursuance to a resolution heretofore adopted by the House, the Trustees of the Terre Haute Normal School submitted a report of its financial condition--amount of money expended for repairs and improvements, what proportion furnished by the city and what by the State.
PAY OF EMPLOYES.
Mr. KENNER moved that the employes of the House receive the same pay for the special session that was fixed by the report of the Committee on Mileage for the regular session, and that the Speaker draw his warrant for the amount as heretofore.
The motion was agreed to.
Mr. Gibson's bill (H. R. 237] concerning landlord and tenant was read the third time. [The bill remedies defects in the old law. It provides, among other things, that a landlord may have a lien upon one-half of the tenant's crop.]
Mr. GIBSON--This bill seeks to improve the old law. For instance, what constitutes a proper notice by the landlord to remove a tenant this bill corrects. It also meets the case where the renter removes crops without the landlord's consent. This is a very carefully prepard bill, one that merits passage.
This bill was favored by several members who were landholders, one gentleman stating that under the old law it was almost impossible to remove a bad tenant, and consequently the business of renting land had almost ceased.
The roll was called for a vote on the passage of the bill, and there not being a quorum present, further action was deferred until some future time.
AFTERNOON SESSION.
Mr. FRAZER moved that the civil code bill be referred to the Revision Committee, with instructions to print the new revised matter for the use of the House.
The motion was agreed to.
RELEASED CONVICTS.
The following described bill was read the first time and referred:
By Mr. Davis, [H. R.461]: Concerning the discharge of convicts from State Prisons. [At expiration of the time sentenced the Warden of the Prison shall take the prisoner to the County from whence he came, and pay him the amount of money allowed by law ]
MEDICAL LEGISLATION.
By unanimous consent of the House, Mr. FRAZER offered the following amendment to the bill[S. 74] regulating the practice of medicine, as follows: At the end of Section 6, add: Any physician who is entitled to practice medicine, surgery and obstetrics according to the provisions of this act, shall appear before the Clerk of the Circuit Court, in the County in which he or she intends to practice medicine, and make affidavit that he or she has practiced medicine in the United States twenty years continuously previous to the passsage of this act.
The amendment was adopted and ordered engrossed.
RULES, LIST OF MEMBERS, ETC.
Mr. SCHWEITZER moved that the Clerk of the House have 300 copies of the Rules of the House, the Standing Committees, and a list of Representative Districts, the names of members for each, and the Constitution of the State of Indiana, printed in pamphlet form, for the use of the members and officers of the House.
The motion was agreed to.
REPORTS FROM COMMITTEES.
The Committee on County and Township Business, to whom was referred the bill [H. R. 332] for the fencing and repairing of public cemeteries in this State, reported the same back, recommending its passage.
The Committee on Cities and Towns reported back the bill [H. R. 144] amending Section 2 of an act in relation to County Auditors, approved May 31, 1852, recommending its passage with amendments.
The Committee on County and Township Business reported back the bill [H. R. 338] requiring semi-annual settlements of County Treasurer with the Board of County Commissioners, fixing the time when Treasurers shall take possession of their office, recommending is passage with amendments.
The Committee on Cities and Towns reported on the bill [H. R. 428] authorizing cities and towns to disannex territory, recommending its passage.
These reports were concurred in, the bills were read the second time and severally ordered engrossed.
The Committee on County and Township business submitted a report on the bill [ . 212] concerning ferries, recommending its passage.
The same Committee reported on the bill [H. R. 135] providng for the letting of bridge contracts, and recommending its passage with amendments.
The report was concurred in, and on motion by Mr. THOMPSON 200 copies were ordered printed.
The Committee on Benevolent Institutions reported the bll [H. R. 384] amending an act to page: 31[View Page 31] organize and establish an Asylumn for Feeble Minded Children, recommendng its passage.
The Agricultural Committee reportd on the bill [H. R. 208] concerning estrays and animals running at large, recommending its passage.
The Committee on Agriculture reported on the bill [H. R. 173] relating to the construction and repair of partition fences, recommending its passage with amendments.
These three reports were concurred in, the bills were read a second time and ordered engrossed.
The Committee on Education reported on the bill [H. R.109] legalizing the sale of lands mortgaged to the State of Indiana, recommending its passage with amendments.
On motion by Mr. Buskirk, the report was laid on the table until Tuesday next, awaiting the presence of Mr. Ryan.
The Committee on Temperance reported on the bill [H. R. 110] prohibiting the sale of intoxicating liquors, recommending that the bill lie on the table, for the reason that the state Constitution, in its present form, will not allow the passage of a prohibitory law.
The report was concurred in.
A majority of the Committee on Temperance reported on the bill (H. R. 420] licensing druggists, recommending its passage.
The House agreed to postpone the disposition of the report until Tuesday next.
The Temperance Committee reported on the bill [H. R. 63] prohibiting the sale of gum opium, strychnine and other intoxicating drugs, recommending that the bill be laid on the table.
The report was concurred in.
The Temperance Committee reported that from day to day over eighty petitions have been received containing the names of 11,230 voters [a copy of the petition was read to the House] praying the General Assembly to enact some measure tending to lessen the sale and use of liquors.
The Committee on Cities and Towns reported. On the bill [H. R. 345] to provide for the transfer of the school library of Center Township, Marion County to the County Library, recommending its passage.
The report was concurred in. The bill was read the second time and ordered engrossed.
Also, on the bill [H. R. 362] to amend Section 29 of an act repealing the general laws for the incorporation of cities and towns, recommending its passage.
The report was laid on the table.
Also on the bill [H. R. 380] amending a section to authorize cities and incorporated towns to construct and maintain water works, recommending its passage.
The report was concurred in, and the bill was read the second time.
Mr. McCORMICK believed the bill should not pass. Since the law of 1879 was passed, many towns and cities have increased the rates of water works over 40 per cent. He made an ineffectual effort to indefinitely postpone the bill.
The report was concurred in and the bill was ordered engrossed.
The same Committee reported on the bill [H. R. 241] to amend Sections 1 and 2 of an act legalizing the assessment, equalization and collection of municipal taxes for 1872 and 1874.
The report was concurred in. The bill was read the second time and ordered engrossed.
Also on the bill [H. R. 325] legalizing the elections held in the years 1878, 1879 and 1880 in Elizabethtown, Bartholomew County, recommending indefinite postponement, for the reason that House bill 280 covers the same ground.
By consent of the House, Mr. McCormick withdrew the bill.
Also on the bill [S. 245] enlarging the powers of incorporated towns, recommending its passage.
The report was concurred in and the bill was read the second time.
Also, on the bill [S. 57] authorizing incorporated towns to contract with Water Works Companies, recommending its passage.
The report was concurred in and the bill was read the second time.
Also, on the bill [S. 16] to amend Section 79 for the incorporation of cities, recommending its passage.
The report was concurred in.
Also, on the bill [H. R. 395] platting, additions and subdivisions of Terre Haute, etc., recommending its passage.
The report was concurred in, the bill was read the second time and ordered engrossed.
Pursuant to a resolution adopted this forenoon, the Speaker made the Committee on Phraseology to consist of Messrs. Fancher, Gardner, Cauth rne, Gregory and Cole.
The Speaker added to the Committee on Enrolled bills Messrs. Baker and Hottell.
Then the House adjourned to meet on Tuesday, March 15, at 2 p. m., in pursuance of a concurrent resolution heretofore adopted by both Houses.
