HOUSE OF REPRESENTATIVES.
TUESDAY, Feb. 27,1883-9 a. m.The reading of the Clerk's minutes was dispensed with.
On motion by Mr. McCORMICK 500 copies of the stenographic evidence before the State House Investigating committee and the Attorney General's opinion on the same subject, was ordered printed.
By consent Mr. TULEY Introduced bill [H. R. 464] supplement to an act concerning the estate of persons who nave absented themselves from their usual place of residence and gone to parts unknown, which was read the third time.
On motion by Mr. TULEY the Constitutional rules were suspended [yeas, 79; nays, 6], the bill was read the second time, considered engrossed, read the third time by sections and passed the House by yeas, 84; nays, 0.
Mr. HEFFREN moved that the House take up the Senate concurrent resolution for a Joint Convention of the two Houses to convene at 11 o'clock, Tuesday, February 27, for the purpose of electing President of the Board of Benevolent Institutions, one Trustee for the Hospital for the Insane, one Trustee for the Institution for the Deaf and Dumb, one Trustee for the Institution fur the Blind, and three Trustees for the Soldiers' Orphans' Home.
The motion was agreed to by yeas, 53; nays, 37.
The resolution was read and adopted by yeas, 56; nays, 37.
Mr. Aikin called up the special order, the bill page: 264[View Page 264] [S. 173] supplemental to an act fixing the fees of certain officers, which was read the third time - and passed the House by yeas, 85; nays, 9.
Mr. Moody entered a motion to reconsider the vote just taken.
Mr. HAM made an ineffectual motion to suspend the rules and introduce the following resolution:
Resolved, by the House of Representatives, the Senate concurring, That authority is hereby granted for the location and construction of a public highway, sixty feet in width, across the north end of the grounds of the Asylum for the Deaf and Dumb, at a point nineteen chains and ten one-hundredths of a chain north to the center of the old National Road.
Mr. JEWETT made an ineffectual motion to go into Committee of the whole House for the consideration cf the specific appropriation bill.
REPORTS FROM COMMITTEES.
Mr. HAM, from the Committee on Elections, submitted a majority report on Mr. Adams' bill [H. R. 276] to amend Section 6 of the R. S. of 1881 concerning elections and the contest thereof, with the recommendation that the bill pass.
Mr. STERRETT, from the same Committee, submitted a minority report, w th the recommendation that the bill be indefinitely postponed.
Mr. STERRETT moved the adoption of the minority report.
On motion by Mr. WILLIAMS, of Knox, the motion to adopt the minority report was laid on the table.
The majority report was concurred in, and the bill ordered engrossed.
Mr. HAM from the same Committee, submitted a majority report on Mr. Stucker's bill [H. R. 394] to amend Section 2,184 of the R.S. of 1881, concerning proceedings in criminal cases with the recommendation that the bill pass.
Mr. STERRETT, from the same Committee, submitted a minority report with the recommendation that the bill lie on the table.
On motion the minority report was laid on the table. The majority report was concurred in and the bill ordered engrossed.
The Committee on Elections introduced a bill [H. R. 465] to amend Section 4 of an act concerning elections and their contest, and granting Boards of County Commissioners the right to change the boundaries of one precinct into two or more precincts or consolidate two or more precincts into one, and to choose the place of holding elections, wherever public conveniences demand it, which was read the first time.
TAX TITLES.
On motion by Mr. Heffren, the bill [S. 52] to amend Sections 218, 227 and 228 of an act concerning taxation, approved March 29, 1881, was read the third time.
Mr. HEFFREN spoke in favor of the passage of the bill.
Mr. WILLIAMS, of Knox, was of the opinion that the men who buy up these lands at tax sale are able to examine the title before making such purchases. He thought that the advantage should be given to the person whose land is to be sold.
Mr. ADAMS thought a man should know when he goes into the market to buy land whether or not the title is good. He was opposed to a man going into the Treasurer's office or the Auditor's office and buying land and then coming to the Legislature and demanding the return of his money with interest. He was opposed to the bill.
Mr. PATTEN did not like the feature of the bill It appeared to be too much in the interest of one class. He did not think it was a good bill, and he was afraid of it. It looked to him like it was created for the purpose of lifting some man out of a difficulty, and therefore he was opposed to it.
Mr. FRAZER believed that the persons opposing the bill did not understand its propositions.
Mr. SHIVELY said It occurred to him that this is a just proposition. The County offers land for sale under the provision of the law. Parties come and in good faith bid upon this land and purchase it. Now it seemed to him that if these parties pay their money over it is but just and fair that they should have the money back if they loose the title to this land.
Mr. MOODY: Under the present law, if a person buys up land and the title is imperfect, there is no way for him to get bis money back. This bill simply asks what is fair between the person who buys up this land and the County.
Mr. WILSON, of Kosciusko had examined the question and had given home attention to the discussion on this bill in the Senate. He desired that the tax law should be as perfect as possible. By an examination of the tax law he found that two sections are diametrically opposed to each other. He believed that this bill would remedy the defect. He was in favor of the bill.
Mr. SMITH, of Tippecanoe, was reliably informed that this is a good bill and he would support it.
The bill passed the House by yeas, 59; nays, 29.
On motion by Mr. TULEY, Mr. Huston's bill [H. R. 230] to legalize the sale of certain real estate in the town of Connersville, was read the third time. M
Mr. HUSTON stated that the State had a suit pending in the Courts at the present time for the recovery of the real estate. But he believed this was a just bill and one that should pass. He did not believe it was in the interest of the State to take real estate from parties who have paid the full value for it. It was represented to these parties that he would be perfectly safe in buying this land. He bought the land, paying the full value therefor, and he simply asked now to have the State quiet the title.
The bill passed the House by yeas, 77; nays, 10.
Mr. JEWETT, from the Committee on the Judiciary, reported back the bill [S. 78] to amend Section 2 of an act to provide for the establishment of a State Bureau of Statistics and Geology with the recommendation that the bill pass with amendment. The report was concur ed in and the amendment wag adopted.
On motion by Mr. Jewett the amendment was considered engrossed, the bill was read the third time and passed the House by yeas, 66; nays 37.
On motion by Mr. GORDON, the Speaker appointed two members to inform the Senate that the House is ready to go into Joint Convention for the purpose of electing a President of the Board of Benevolent Institutions, etc.
JOINT CONVENTION.
When the Senate appeared and were seated, the Lieutenant Governor [on the right of the Speaker] called the Joint Convention to order, and stated the object to be as set forth in the resolution convening the body. He stated the first thing in order to be nominations for a President of the Board of Benevolent Institutions.
Senator BROWN nominated Dr. Thomas H. Harrison, of Boone County.
Representative FRAZER nominated Hon. John Coburn, of Marion County.
There being no other nominations, the ballot resulted:
- For Mr. Harrison-Senators, 26; Represectatives, 56-Total, 82.
- For Mr. Coburn-Senators, 8; Representatives, 39-Total, 47.
The LIEUTENANT GOVERNOR declared Thomas H. Harrison elected for the term prescribed by law the President of the Board of Benevolent Institutions of the State, having received a majority of all the votes cast, and declared nominations for a Trustee of the Insane Asylum next in order.
Senator WILLARD nominated Philip M. Gapin, of Marion. Representative SMITH, of Tippe page: 265[View Page 265]canoe, nominated Dr. G. W. Burk, of Henry County.
The ballot, resulted:
- For Mr. Gapin-Senators, 26; Representatives, 65-total, 81.
- For Mr. Burk-Senators, 8; Representatives, 37-total, 45.
The LIEUTENANT GOVERNOR declared Philip M. Gapin duly elected a Trustee of the Asylum for the Insane, and declared nominations for a Trustee of the Asylum for the Deaf end Dumb to be in order.
Senator FAULKNER nominated Stephen E. Urmston, of Franklin County.
Representative ADAMS nominated Colonel James H Jordon, of Morgan County.
The ballot resulted:
- For Mr. Urmston-Senators, 25; Representatives, 55-total, 80.
- For Mr. Jordon-Senators, 5; Representatives, 39-total 44.
The LIEUTENANT GOVERNOR declared Stephen E. Urmston duly ejected a Trustee of the Asylum for the Deaf and Dumb, and called for nominations for a Trustee of the Blind Asylum.
Representative GORDON nominated Howard Briggs, of Putnam County.
Representative SHIVELEY nominated J. H. Berick, of Lagrange County.
There being no other nominations the ballot resulted:
- For Mr. Briggs-Senators, 26; Representatives, 56-total, 82.
- For Mr. Rerick Senators, 6; Representatives, 37-total 43.
The LIEUTENANT GOVERNOR declared Howard Briggs duly elected a Trustee for the Blind Asylum, and called for nominations for three Trustees of the Asylum for Feeble Minded Children and the Soldiers' Orphans' Home.
Senator BELL nominated for the four-year twin John M. Goar, of Henry County.
Representative DEEM nominated Samuel Greene, of Rush County.
There being no other nominations the ballot resulted:
- For Mr. Goar-Senators, 27; Representatives, 55-total, 81.
- For Mr. Greene-Senators, 5; Representatives, 27-total, 32.
The LIEUTENANT GOVERNOR declared John M. Goar duly elected, and called for nominations for another Trustee of the same Asylum.
Senator VOYLES nominated Dr. Richard J. Wilson, of Washington County.
Representative STEWART nominated Dr. William Freeman, of Switzerland County.
There being no other nominations the ballot resulted:
For Mr Wilson-Senators, 26; Representatives, 54-total, 80.
- For Mr. Freeman-Senators, 4; Representatives, 24-total, 28.
- The LIEUTENANT GOVERNOR declared R. J. Wilson duly elected, and called for nominations for another Trustee of the same Asylum.
Senator JOHNSON nominated Robert D. Brown, of Dearborn County.
Representative COPELAND nominated Peter E. Hoss, of Howard County.
There being no other nominations the ballot resulted:
- For Mr. Brown-Senators, 26; Representatives, 54-total, 76.
- For Mr. Hoss-Senators, 3; Representatives, 28-total, 31.
The LIEUTENANT GOVERNOR declared Mr. Brown elected, and said the Joint Committee had completed the business for which it was convened.
On motion of Senator HENRY the Joint Convention adjourned sine die.
Thereupon the House took recess till 2 o'clock.
AFTERNOON SESSION.
On motion by Mr. HELMS his bill [H. R. 61] to legalize certain acts performed by Township Trustees was read the third time.
Mr. PATTEN explained the bill was to legalize the acts of Township Trustees who had expended certain moneys in drainage under the provisions of two sections of an act which the Supreme Court subsequently decided were unconstitutional.
The bill passed the House by yeas, 89; nays, 0.
On motion by Mr. HEFFREN the Senate message was taken up and concurred in, informing the House that the Senate had refused to concur in House amendment to the bill [S. 6] and that the Senate had appointed a Committee of Free Conference, and asking the House to appoint a similar Committee to confer with the Senate Committee on the amendment proposed by the House, and the Speaker appointed Messrs. Mock and Shively on the part of the House.
On motion of Mr. McCORMICK the bill [H. R. 420] to provide means for the erection of the new State House and the assessment and collection of taxes therefor was taken up, read the third time and passed the House by yeas, 85; nays, 5.
On motion by Mr. TULEY his bill [H. R. 161] to amend Sections 6,488 and 6,491 of the Revised Statutes of 1881 concerning taxation [the bill makes the city a party to any suit for delinquent taxes where there are both County and city taxes delinquent, and requires the City Attorney to appear and institute suit on the part of the city; under a suspension of the Constitutional rules was read the third time, and passed the House by yeas, 88; nays, 17.
Mr. HEFFREN moved that the following bills be set down as special orders and continued until they are disposed of: Bills No. 55, 65, 81, 68, 69, 82, 85, 88, 89, 94, 95, 93, 10, 105, 106, 107, 110, 115, 116, 123, 132, 136, 149, 156, 160, 171, 173, 176, 190, 191, 224, 225, 227, 242, 269, 270, 290, 292, 294, 3[?]2, 335, 339, 324, 349, 352, 355, 359, 363, 380, 391, 393, 394, 402, 415, 420, 429 and 463.
Mr. SHOCKNEY did not know who had been authorized to select a few bills, and say that they shall be made special order to the exclusion of all other bills. He made an ineffectual motion to lay the motion on the table.
Mr. HEFFREN demanded the previous question, which was seconded by the House.
Under its operations the motion was agreed to by yeas, 52; nays, 37.
Mr. HEFFREN moved to reconsider the vote just taken, and lay that motion on the table. The vote on the latter motion resulted-yeas, 35; nays, 46-and Mr. Heffren withdrew his motion to reconsider.
Mr. MOCK, from the Committee on Free Conference, on the part of the House, appointed to confer with the Senate Committee on House amendments to the bill [S. 6], submitted a report of agreement, which was concurred in by the House.
On motion by Mr. SUTTON his bill [H. R. 369] concerning the duties of County Township and State officers was read the third time and passed the House by yeas, 77; nays, 6.
INDEFINITELY POSTPONED.
The following described bills were reported back from the Committees with the recommendation that further action thereon be indefinitely postponed:
Mr Mutz's bill [H. R. 284] to repeal Section 4 and amend Sections 47, 66, 165 of an act for the settlement of decedents' estates.
Mr. Fisher's bill [H. R. 318] to amend Section 71 of the Justices' act approved 1859.
Mr. Shockney's bill [H. R. 385] to amend Sections 6 and 7 of an act concerning proceedings in criminal cases.
Mr. Mutz's bill [H. R. 288] to amend Sections 94, page: 266[View Page 266] 95 and 164, and repeal Sections 157 and 158 of the decedents' estates act.
Mr. Cabbage's bill [H. R. 362] to regulate the transmission of messages by telegraph.
Mr. Barr'a bill [H. R. 6] to amend Section 1 of an act Authorizing Boards of County Commissioners to issue bonds for the construction of gravel, macadamized or paved roads.
Mr. Pulse's bill [H. R. 315] to amend Section 1 of n act regulating decadents' estates.
Mr. Hanson's bill [H. R. 326] to provide for the salaries of Circuit, Superior and Criminal Court Judges.
Mr. Bryant's bill [H. R. 300] to define the Twentieth Judicial Circuit and creating the Forty-third Judicial Circuit.
On motion by Mr. METING his bill [H. R. 366] to abolish the Maple Lawn Cemetery of Richmond, was read the third time and passed the House by yeas, 88; nays, 2.
Mr. HEFFREN called up his motion to reconsider the vote on bill [H. R. 256] to provide a fund for the permanent endowment of the State University. On his further motion the bill was recommitted to a Special Committee of Three with instructions to amend by striking out "one" and inserting in lieu thereof "one-half," making it read "one-half of one per cent.," and providing for the application of this fund should the school ever be consolidated with any other school.
The SPEAKER made the Committee to consist of Messrs. Heffren, Kester, and Stewart.
The motion to reconsider the vote by which was rejected the bill [S. 203] to authorize the Trustees of the Deaf and Dumb asylum to convey a strip of ground on the south side of said premises, was called up.
Mr. Patten made an ineffectual motion-yeas, 21; nay, 51-to lay the motion to reconsider on the table.
Mr. JEWETT desired to say a few words before the vote was taken, it was well known that when the question was first considered he opposed it, perhaps because he did not understand it. Since he cast his vote he had talked with the Superintendent, or the Assistant Superintendent, and also with citizens of Irvington, a nourishing suburb of Indianapolis, and they all assure him that will be necessary to build the wall which the Pan-Handle Company proposed to construct for the protection of the Asylum property The wall will be of much more value to the grounds than the strip of ground under consideration. The passage of this bill will also prove a source of great convenience to the people of Irvington. He was now ready to support the bill.
Mr. ADAMS, like the gentleman from Clark [Mr. Jewett], opposed the passage of the bill when it was before the House before. Since the vote was taken on the bill he bad taken some interest and examined the provisions of the bill. He had talked wish various persons in regard to the bill, and was now in favor of the bill.
The bill passed the House by yeas, 74: nays, 10.
On motion by Mr. PATTEN the bill [S. 170] to create the Forty-fourth Judicial Circuit, to amend Sections 22 and 23 of an act to divide the State into Judicial Circuits, was read the third time and passed the House by yeas, 81; nays, 2.
On motion by Mr. MOODY the special order-being the several bills set down by Mr. Heffren'a motion was postponed until 9 o'clock.
Mr. MOODY entered a motion to reconsider the vote by which the House rejected the Appellate Court bill [H. R. 37].
The House adjourned until 9 o'clock to-morrow
