HOUSE OF REPRESENTATIVES.
WEDNESDAY, January 26, 1881--9 a. m.The morning session was opened with prayer by Rev. J. P. Williams, of this city.
The reading of the journal was commenced, when on motion of Mr. McINTOSH, the further reading thereof was dispensed with.
Mr. MESSICK moved to reconsider the vote of yesterday, by which the report of the Committee on the Revised Statutes and State Librarian was adopted.
Mr. EDWINS made an ineffectual motion to lay the motion to reconsider on the table--yeas, 42; nays, 52.
Mr. FRAZER said it was claimed by some that the State was not bound by the resolution to pay for the Statues purchased from Bingham & Co., but he thought the question depended more upon whether the law requires the State Librarian to have a certified copy of the resolution before taking in the mater. He said: My recollection is that this resolution was unanimously adopted-you find that have made a mistake and now you are willing to acknowledge it and try to get out of it. Since we have passed the resolution and see the mistake, let us stand up to our resolution and not crawl in the dust and sneak out of it. I think there is some honor in Legislatures as well as among thieves, and hope the action of the House this morning will be final upon this question.
Mr. FANCHER stated that if the House is under any obligation to take the Statutes, it is by reason of a contract we are now making and it was an imposition on our constituents to pay $10 a set for those volumes. It is only the Democratic side of the House that advocates the purchase at that rate.
Mr. EDWINS-The question is whether the State made a contract for the purchase of those Statutes? If not, I am willing to vote on the Republican side of this House. If we have made the contract, and I think we have, I hold that we are lawfully bound to pay for the same. Gentlemen, I do not wish to incur this expense, but we have made the contract, and is it for us, Members of the Lower House, to go back on the contract, and make this woman pay $800 or $1,000 for some mishap of ours? When the resolution first came up I voted against it, but now I am opposed to reconsidering the vote adopting this resolution.
Mr. MOODY--Is there any question as to the fact that we authorized this lady to purchase these Statutes? I say she was bound to take no- page: 86[View Page 86] tice of the resolution we passed the very next morning thereafter. I am a Democrat, and I believe in carrying out in good faith a contract made with a Republican as well as with a Democrat.
Mr. KENNER took this position. A bill was passed by the last General Assembly which provided that no expense could be incurred by the Legislature without the concurrence of both Houses, and that ought to be the law to-day. He said that he was willing to submit the proposition to the Judiciary Committee, and if they say that we are in duty bound to take the books from the State Librarian, he would be willing to do so, and he moved that the matter be referred to the Judiciary Committee for their legal construction on the resolution.
The motion was agreed to.
NEW PROPOSITIONS.
The following described bills were introduced, read the first time, and severally passed to the second reading:
By Mr. HAMILTON [H. R. 206] : For the election and qualification and government of the Trustees, Superintendent, and other officers and employees of the Indiana Asylum for the Blind, the Institution for the Deaf and Dumb, and State Hospital for the Insane, and for a more thorough and systematic management and care of the same. [The Board consists of one President and two Trustees to serve for fours years, elected by the Legislature, and give bond to the amount of $10,000.]
By Mr. GIBSON [H. R. 207]: Concerning articles of drift or wrecks. (Any article so found me be claimed by the owner or his Agent by defraying all necessary expenses.)
By Mr. GIBSON [H. R. 208]: Concerning estrays and animals running at large. (Any astray animal taken up shall be advertised at three places in the Township where such property is taken up. If such property is not claimed in specified length of time it is to be sold and the money paid into the County Treasure and become a part of the Common School Fund.)
By Mr. HAMMOND [H. R. 209]: To amend Section 2 of an act to discourage the keeping of sheep-killing dogs, and repealing an act licensing dogs, approved March 11, 1861; and providing that nothing herein shall be so constructed as conflict with an act amending an act, approved June 15, 1862, and approved March 2, 1865.
By Mr. ROBINSON [H. R. 210]: To amend Section 8 of an act regulating the granting of divorces, nullifications of marriages, decrees, and orders of the Court incident thereto. [Divorces are to be granted for adultery, and where impotency exists at the time of marriage; any inhuman treatment by either party; or should the husband fail to provide for his family for a period of six months.]
Mr. CAUTHORNE made a motion, which was agreed to, to take up the business on the Speaker's table, according to the House Rule 54.
The Senate concurrent resolution was then read and adopted, providing fro the appointment of a Joint Committee to investigate and inquire into the failure of the State Oil Inspector in the bringing in this report, as required by law.
The Senate concurrent resolution instructing Indiana's Representatives in the United States Senate and in the National House of Representatives to use all the influence in their power towards the passage of a bill to prevent the further spread of the disease known as pleuro-pneumonia of cattle, as embodied in Mr. Kever's bill, or some other bill that may be introduced in Congress for the suppression of contagious diseases of domestic animals in the United States being read--
The resolution was unanimously adopted.
The following described Senate bills were read the first and passed ot the second reading.
The bill [S. 10] empowering County Commissioners to convey cemeteries and providing for their management.
The bill [S. 39] authorizing County Commissioners to establish Asylums for indigent children.
The following described Senate bills were read the second time and passed to a third reading:
The bill [S. 64] to amend Section 1 of an authorizing cities and towns to refund indebtedness.
The bill [S. 86] appropriating money to pay members of the Indiana Legion, and others acting in the late war under orders of the Governor of Indiana.
The bill [H. R. 23] to enable Manufacturing and Mining Companies of other States to purchase, hold and convey real estate within this State being read the third time--
Mr. GARDNER thought by putting the bill to a vote it would settle the question for all time whether it will become a law or not. The present law works a hardship on the people of his County, and he was surprised that such measure should be resisted as in the bill. Other Stats have similar laws, and they work to an advantage. There is a disposition in other States to go even further than this bill, and allow foreign corporations to come in their midst with all other lawful rights the same as citizens. Some of the Western States have laws similar to this. The Committee on the Revision and Codification were consulted in regard to this matter, and framed the bill to meet just such emergencies, and hope the bill will prevail.
The bill passed by a vote of yeas, 94; nays, none.
The following described bills were read the second time and ordered engrossed for the third reading.
The bill [H. R. 39] relating to the purchase of railroads, plank roads, turnpikes, etc.
The bill [H. R. 123] legalizing the elections help in the years 1878, 1879 and 1880 in the town of Brookstown.
Mr. KENNER called the attention of the House to the fact that several years ago the Supreme Court overruled a law similar to this bill, and cautioned them against futile legislation.
Mr. WRIGHT made the explanation that the town of Brookstown simply wants this legislation to legalize her ordinance, and it was his impression that some member ought to introduce a general bill legalizing all like cases in the State of Indiana.
The bill [H. R. 153] authorizing County Commissioners to take charge of public highways.
WORK FOR COMMITTEES.
The following described bills were read the second time and referred to appropriate Committees:
The bill [H. R. 127] in relations to the election and qualifications of Prosecuting Attorneys.
The bill [H. R. 128] to regulate the practice of medicine in the State of Indiana.
The bill [H. R. 129] appropriating certain mines to the benefit of the former employees of the Orphans' Home at Knightstown, Ind.
Mr HUESTON made an ineffectual motion to suspend the Constitutional rule and have this bill read the third time and put upon its passage.
Mr. NEFF made a motion, which was agreed to that the bill referred to the Committee on Claims.
The bill [H. R. 130] amendatory of the act touching the laying out of vacating of town streets, alleys, etc.
The bill [H. R. 131] a preventing the payment of clains out of County Treasuries, except as herein provided for.
The bill [H. R. 132] authorizing the report from the Auditor of Dearborn County to the Superintendent of Public Instruction in relation to school funds. It was ordered engrossed.
The bill [H. R. 133] amendatory of the act concerning married women.
page: 87[View Page 87]The bill [H. R. 134] amendatory of the act concerning the employment of short-hand reporters.
The bill [H. R. 135] providing for the letting of bridge contracts where the cost of the same exceeds $500.
The bill [H. R. 136] appropriating $60,000 to pay the indebtedness of the State Board of Agriculture.
The bill [H. R. 137] repealing an act for the protection of fish.
The bill [H. R. 138] regulating the charges of Railroad Companies for transportation of freight.
The bill [H. R. 139] to provide more effectually for the care, support and education of pauper children.
The bill [H. R. 140] authorizing the election of women to school offices was referred to the Committee of the Whole House.
Mr. FURNAS moved that the constitutional rule be suspended and that the bill [S. 116] refering to the reorganization of the Water Works Company be read the first and second times by title only, the third time by sections, and be put on its passage now.
This motion was agreed to by yeas, 93; nays, 0. So the bill [S. 116] authorizing Water Works Companies to purchase property and franchises of pre-existing Water Works Companies at Judicial sale was read the second time by title only, the third time by sections, and was passed by yeas, 91; nays, 0.
The SPEAKER announced the Committee on the part of the House to investigate certain charges against the management of the Asylum for Feeble-Minded Children at Knightstown, viz.: Messrs. Huston, Ryan, Sultzer and Mitchell.
The SPEAKER laid before the House a communication from the Governor transmitting from citizens of Lafayette and the faculty of Purdue University an invitation for the members of the Legislature to visit Lafayette and Purdue University.
Mr. CAUTHORNE offered a concurrent resolution, accepting the invitation and providing for an adjournment of the Senate and House of Representatives on Tuesday next at 11 o'clock a. m. for the purpose of making the proposed visit.
It was unanimously adopted.
The House adjourned until to-morrow morning at 9 o'clock under the rules.
