HOUSE OF REPRESENTATIVES.
MONDAY, Feb. 12, 1883-2 p. mThe SPEAKER commanded order and announced prayer by Representative Brazelton, of Jennings County.
The SPEAKER demanded a call of the House, which ordered and taken discovered eighty-five members present and answering to their names.
On motion by Mr. HEFFREN the reading of the journal of last Saturday was dispensed with.
Mr. BARR offered a resolution providing that a Special Committee of Five be appointed to which shall be referred all matters concerning the drainage of the wet lands of the State.
On motion by Mr SHOCKNEY the resolution was laid on the table.
A PETITION.
Mr. TULEY presented a memorial signed by sixty-eight of the leading citizens of Floyd County protesting against the passage of Mr. Jewett's bill [H. R. 26] to repeal section of an act concerning promissory notes, bills of exchange, bonds or other instrument in writing, signed by any person who promises to pay money, etc.
By consent the memorial was referred to the Committee on the Judiciary.
REPORTS FROM COMMITTEES.
The following described bills were reported back from Committees with a recommendation that further action be indefinitely postponed:
Mr. WILEY, from the Committee on the Judiciary, reported back Mr. Frazer's bill [H. R. 336] to amend Section 863 of an act concerning proceedings in civil cases. The report was concurred in.
Mr. HEFFREN, from the same Committee, reported back Mr. Shively's bill [H. R. 248] to amend section 1,637 of the Revised Statutes of 1881, concerning proceedings in criminal cases.
Mr. SHIVELY hoped that the report of the Committee would not be concurred in He had introduced the bill for the purpose of relieving the Courts. It provides that small misdemeanors, there the fine does not exceed $5, shall he tried before Justices, and that they shall have exclusive jurisdiction. It is merely to keep these trivial offenses out of our Courts.
The report of the Committee was concurred in.
ORAL ARGUMENT-SUPREME COURT.
Mr. McMullen, from the same Committee, reported back Mr. Wiley's bill [H. R. 249] in relation to petition for rehearing in the Supreme Court.
Mr. WILEY explained that he introduced the bill by request.
The bill provides that the Supreme Court shall hear oral argument in cases, of appeals, and that the Judge rendering the original decision shall not be allowed to participate in the deliberations on such appeal. He has received a great many letters from lawyers who desired that the bill should become a law. It is a wholesome measure, and he felt that the bill should pass.
Mr. HEFFREN was opposed to the bill on the ground that it would consume too much time for the Court to stop and hear oral argument. Each lawyer would consume something near a week in his argument for appeal.
Mr. McMULLEN felt that the question of time should not be considdred where justice was at stake. He was opposed to allowing the Judge who had rendered the original decision to take part in the consideration of the appeals. He considered the spirit of the bill to be good, and favored recommitting the bill with the instruction that a docket fee or penalty be inserted in order to prevent annuals being taken in cases not having sufficient and reasonable grounds.
Mr. JEWETT favored oral argument before the Supreme Court. He did not accord any weight to the argument that it would consume the time of the Court. When per ons desire to come before the Supreme Court they should have that privilege. He moved that the bill be recommitted to the Committee on the Judiciary with instructions that the bill be amended as suggested by Mr. McMullen and reported back favorably.
Mr. WILSON, of Marion, was opposed to the bill. He thought the provision of the bill reflected on the Court.
Mr. Jewett's motion to recommit was agreed to.
COUNTY ATTORNEYS.
Mr. WILS0N, of Marion, from the Judiciary Committee, reported back Mr. Robinson's bill [H. R. 314] concerning attorneys employed by County Commissioners.
Mr. ROBINSON hoped that the report of the Committee would not be concurred in. He believed that it was right that these attorneys should not be allowed to appear before the County Commissioners.
Mr. WILSON, of Marion, explained that the attorneys could not now, according to the decision of the Supreme Court, appear before the Commissioners by whom they are employed. He favored recommitting the bill, and moved that it be recommitted with instructions.
The motion was agreed to.
REPORTS FROM COMMITTEES.
Mr. WILSON, of Marion, from the same Committee, reported back Mr. Beeson's bill [H. R. 296] to regulate the presenting of claims to the General Assembly. The report to indefinitely postpone was concurred in.
Mr. WILSON, of Marion, from the same Committee, reported back Mr. Heffren's bill [H. R 295] to amend Section 1,637 of the Revised Statutes of 1881, concerning proceeding in criminal cases. The report of the Committee to indefinitely postpone was agreed to.
Mr. W1LSON, of Marion, from the same Committee, reported back Mr. McMullen's bill [H. R. 344] concerning public offenses and their punishment. The report of the Committee to indefinitely postpone was agreed to.
Mr. WILLIAMS, of Knox, from the same Committee, reported back Mr. Best's bill [H. R. 100] to amend Section 25 of the decedents' estates act. The report of the Committee to indefinitely postpone was concurred in.
page: 193[View Page 193]Also, from the same Committee, Mr. Copeland's bill [H. R. 180] to amend Section 2,831 of the decedents' estates act of 1881. The report of the Committee to indefinitely postpone was concurred in.
Mr. STEWART, from the same Committee, reported back Mr. Robinson's bill [H. R. 260] concerning Grand and Petit Juries. The report of the Committee to indefinitely postponed was concurred in.
Also, Mr. Price's bill [H. R. 258] to amend Section 387 of the Revised Statutes of 1881, concerning proceeding in civil cases. The report of the Committee to Indefinitely postpone was concurred in.
Also, Mr. Stucker's bill [H. R. 350] to repeal and amend several sections of decedents' estates act. The report of the Committee to indefinitely postpone was concurred in.
Also, Mr. Woodling's bill [H. R. 321] to amend several sections of the decedents' estates act. The report of the Committee to indefinitely postpone was concurred in.
Mr. PATTEN, from the same Committee, reported back Mr. Nave's bill [H. R. 91] to amend Section 31, of the decedents'estates act. The report of the Committee to indefinitely postpone was concurred in.
Also, Mr Gilman's bill [H. R. 8] to amend a certain section of the decedents' estates act. The report of the Committee to indefinitely postpone was concurred iu.
Also, Mr. Beeson's bill [H. R. 45] to amend Sections 95 and 115, and repeal Section 106 of the decedents' estates acts. The report of the Committee to indefinitely postpone was concurred in.
Mr. MORGAN, from the same Committee, reported back Mr. Oreene's bill [H. R. 347] to repeal Sections 243 and 244 of an act concerning proceedings in civil cases. The report was concurred in.
Also, Mr. Heffren's bill [H. R. 250] to amend 25 and 26 of the decedents' estates act. The bill was on motion by Mr. SPEAKER BYNUM [Mr. Wilson, of Marion, in the Chair] recommitted with instructions to the Committee on the Judiciary.
Also, Mr. Heffren's bill [H. R. 253] to amend Section 93 of an act concerning proceedings in criminal cases. The report of the Committee to Indefinitely postpone was concurred in.
Mr. McMULLEN, from the same Committee, reported back Mr Shively's bill [H. R. 49] to amend an act to authorize County Commissioners to construct roads and highways. The report of the Committee to indefinitely postpone was concurred in.
Mr. JEWETT from the same Committee reported back Mr. Sutton's bill [H. R. 184] concerning the quieting of titles to real estate. The report of the Committee was concurred in.
Also, Mr. McMullen's bill [H. R. 345] to amend Section 6,048 of the Revised Statutes of 1881. The report was concurred in.
Also, Mr. McClelland's, of Lawrence, bill [H. R. 174] to amend 2,184, 2,185 and 2,200 of the Code of 1881, concerning public officials. The report to indefinitely postpone was concurred in.
Mr. WILSON, of Union, reported back from the same Committee Mr. Smith's, of Perry, bill [H. R. 21] to repeal an act authorizing aliens to hold titles to real estate. The report to indefinitely postpone was concurred in.
Mr. WILLIAMS, of Knox, from the same Committee, reported back his own bill [H. R. 92] to repeal Section 200 of the decedents' estates act. The recommendation of the Committee to indefinitely postpone was concurred in.
Mr. FRAZER, from the same Committee, reported back Mr. Mock's bill [H. R 47] to amend sundry sections of the decedents' estates act. The report of the Committee to indefinitey postpone was concurred in.
Also, his own bill [H. R. 114] to amend sundry sections of the decedents' estates act. The recommendation of the Committee to postpone indefinitely was concurred in.
Also, Mr. Stewart's bill[H.R. 278] to amend Sections 47 and 66 of decedents' estates act. The report of the Committee to postpone Indefinitely was concurred in.
SESSION HOURS.
Mr. JEWETT offered an amendment to the rules of the House, placing the time of meeting at 9:30 a. m. and 1:30 p. m. each day. The amendment was placed, under the rules, on the table for future action.
THE PROVOKE LAW
Mr. Patten's bill [H. R. 36] to amend sections of an act concerning public offenses, which was reported back from the Judiciary Committee with a recommendation that the bill pass, was, on motion by Mr. Holler, laid on the table by yeas, 50; nays, 27.
Mr. Shaffer, by consent, introduced a bill [H. R. 413] for the relief of Wemus Megee and his sureties.
The House adjourned until to-morrow at 10 o'clock,
