Indiana State Sentinel, Volume 26, Number 25, Indianapolis, Marion County, 7 February 1877 — Page 10

re?. Wilkinson, Call and others, and to the decision of the supreme court in that state. He argued to be sustained by the authorities, citing, among other authorities. High ..nn.i!nurir TTYiii?;pi section 7. race

CAliaviuiuai j av""-- " w 60. The returning board he regarded as merely one step in the autuority Dy wmcn of the- elections were rn.ide, the final determinant authority ;i k n-r oiinivpil in maV'p a word for the occasion), provided by the state "of rlonda was the supreme court, therefore, unless the primary determinant authority, viz. the board, is conclusive, not only in its action, v iar ai th PTtpnt of its power, then we must regard the proceedings in Florida nvnr v.o riinn tit thpw electors as a part of that determinant power which the state has provided against fraud ana niegamy in ii,ur r.f Mr. Tucker s artruient the commission took recess until 3 o'clock. AFTER RECIWv. Mr. Kasaon addressed the commission. He said: What is the case before us? First, a certificate comes to congress as is required by the constitution and laws of the ifnitPd Str" and in conformity to the statutes of the state of Florida, certifying the electoral vote of one or tnose States which niv honorable friend who last k tTnckerf was pleased to call sovereign states of this Union. That certificate is first opened and read. There is a second certificate opened in the joint meeting of the two houses of congress in which persons signing the same precede their certification by a rertifitf signed bv an officer not wd bv the laws of the United States, nor by the statutes of Florida, as certifying officers, being the attorney general of the state of Florida. 2. ITe certifies that there is no provision in the law of Florida whereby the resnlt of aaid returns can be certified to the executive of said state, admitting by that certfticate, if it has any force at all, that his action is without law and without any sanction by the statutes and the state. 3. The electors certify to their own action and to their own qualifications, and Uiey themselves notified the governor of their election. That is certificate No. 2, a certificate of encertifying persons, in the view of the law ol tne state ana me nauon. That certificate wae presented and opened There is a third certificate, still more extraordinary, still more wanting in elements of verification, also demanding ronfideration. It is entirely exjwt facto. It is certified bv an officer not in existence, un til the functions of office had been exhaust ed. A certificate, which recifies the proceedings in tribt nals subordinate and superior to the judiciary of the state. A certificate which a canvassing board might, under the same circumstance . report to the state officers. but which has never been sent to the con gress of the United States or to the presi dent of the senate during the ICO years in which we have been a republic. The proceedings in. court recited in it are all subsequent to that time which, by the constitution and laws of the United States is the time fixed for the performance of judicial functions. These two certificates are wanting in all elements of constitutional and legal validity which should give them a place before this commission in the condition ii which the laws of the country now are in of December when these functions were exercised. Furthermore, if certificate No. 1 is the constitutional and legal expression of the vote of the state of Florida, that question being settled in favor of certificate No. 1, obviates all necessity for considering certificates Nos. 2 and 3, and I ought perhaps to say to the honorable commission that it is fortunate they did not grant the request of the objectors to adjourn until to-morrow. The next mail might have brought to you certificate No. 4. reciting new proceedings, and new action before courts, and no end would be found to the paper that might be presented in party or personal interest as established the retroactive right to exercising a function in the state of I'lorida. The objections to the first certificate are substantially one, namely: "There was a fraudulent return, that it was fraudulently issued, not by reason of anything which appears in the action of certification or the pretense of certificate but because of the frauds of other people. Mr. Kasson here referred to the frauds in Jackson, where he said the republican vote was rejected, and spoke of the case where a railroad train of passengers ot off and voted the democratic ticket, and said: "I do not believe that this commission by the constitution or .law was ever intended or has the power to go to the extent that would be required to probe these mutual allegations on both sides to the bottom. Mr. Kasson argued at great length against the power of the commission to go behind the returns, and said, 'are you to revise the proceedings of all state tribunals appointed by state laws, or are you to count what is properly certified and presented to you? If it be otherwise, let the constitntion be amended, and let it be declared by this amendment to be amended so that it shall read: "Each state shall appoint in such manner as the legislature thereof may direct, a number of electors, subject to revision by the congress of the United States, which hall ' have power to determine whether such electors have performed their functions, to the satisfaction of said congress." We are brought inevitably to an amendment to the constitution which sought to preserve absolutely the rights of the states; which required every ballot in the presiden tial election to be cast on the same day that mat migtK d ireea irom centralized influence. Every member of the commission knows the history of the adoption of this clause and yet we are brought, I say. jerpetuauy to the question, shall we now go on and complete the absorption of the absolute independent right of the states, to appoint the electors in their own way and say that it is subject to the two houses of congress whether they have done or shall do what is necessary. The gentleman asks are we then to take the certificate of the governor against the truth. la there any reason on the other band why it should not be asked Are we to take the certificate of gentlemen aeainnt the truth. Mr. Kasson continued Mr. Field proposed in his argument to show 'jugglery, by which Hayes got their certificates. May I ask this- tribunal if there is a prima frieia pre sumption ior or against fraud, whether it exists against ' those officers elected before fraud could have been contemplated, against a board that acted at the time required by the state law. against a board that acted at the time by congressional law, against a board that acted in ignorance of the result of other states, or does that presumption of fraud exist against the men who knew the importance of the change of the result in Florida. Against men who Acted with the- knowledge of necessity of action, they took to accomplish their resun; against men who were organized a a new tribunal and enacted a new law to accomplish that result If there be fraud, if there be conspiracy, as alleged, where does the presumption o! the law under those circumstances place it inevitablp? It places it -where the motive of the act, the knowledge jlace it inevitably. It places it where the

motive of the act, the knowledge requisite

to give motion, effect and purpose to be accomplished were all before the eves of the persons participant in it. Fraud can't be so presumed against parties that act in con'ormiiy wun law nnu uircuurge ui tue duty at the time required by law and in the manner required by law, as it can be presumed against those who do it outside of the provisions of law, and with a lull knowledge of the effect" which would be produced by it. If you have a right to say that another set of votes must be counted in Florida, you have the right to say that another set of votes must be counted in New York. If you take the jurisdiction to determine there were 90 votes, which constitute the alleged majorities in Florida, and to upset the electoral college that might exist there, yon might go to my state and assert that the 00,000 majority there should be upset. Mr. McOrary followed, reviewing the quo warranto case already referred to, and reciting many authorities in connection therewith. The presiding justice inquired whether the counsel proposed to offer evidence before proceeding to the argument. It was replied on behalf of Mr. O'Conor that he expected to offer an answer. Justice Miller suggested that the counsel might make a brief speech of what they proposed to offer. The presiding justice asked Mr. Evarts if he intended, on his side, to offer any evidence. Mr. Everts said that he had no evidence to offer unless there should be a determination to admit evidence against his side which he should then need to'nieet. The Presiding Justice If the commission decide to receive evidence you would require to meet that evidence. Mr. Evarts Yes, sir; especially relating to this particular matter of Humphrey, and whenever it is intended to snow that Humphrey held an office we shall perhaps desire to give evidence that be did not hold that office at the time referred to, and we suppose if there is to be an inquiry that adduces evidence, that evidence is to be proved according to the rules which make its production evidence in the system of common law. Commissioner Thurman suggested that there must be a great fact as to which counsel upon both sides could agree not as to whether proof of them is admissible in this procedure, but as to the existence of the facts. If the counsel would agree as far as they could decide to facts of which there could be no possible doubt, leaving the question of their admissibility as a matter of law to the de cision of the tribunal.it would very much tend to save time. The committee then ad journed. ON THE STAND. Two Important Witnesses Examined . In the Louisiana Case. Tbe Way tbe Returning Hoard Swindle Was Mftnf rI. Washington, Jan. 31. The select com mittee on the privileges of the house had before it to-day two witnesses who gave testimony of a highly important character affecting the integrity of the Louisiana returning board. The following is a report of the most important of the testimony. John T. Pickett was sworn and examined: He said, "lam ar attorney at law and resident of Washington, D. C." r tt . i ii V. nave you in your possession a letter from Mr. Wells of the Louisiana returning board? A. I have. Q. Will you produce it? A. (Handing it to Mr. Field It is what Jmrnorts to be his handwriting. I am not annliar with it Mr. Field read the letter as follows: New Orleaks, Nov. 20, 1877. (Names cut out.) Dear 8ir You fully understand the situation. Can you not advise with me relative thereto? Yours very truly, J. Mapisox Wells. Q. State the circumstances of your receiving this letter and what was done in relation to it? A On Thursday preceding the lait Suncay of overuber 23, a gntleman with whom I have been acquainted for more than a quarter of a century came to my office, he having just arrived from Louisiana, where I had known him quite intimate a quarter of a century ago, and gave me a full history of the slate of affairs there arising out of the late presidential election. He said he had been spending a week or 10 days in New Orleans. This gentleman delivered to me that letter. He stated that he had been some days in New Orleans. I knew that, for I had notified my democratic friendsrdawn there oMhe fact of his having gone thither, and that he was an exceedingly dangerous man to our people (meaning the democratic party) inasmueh as he bad been a resident of New Orleans in former years, and had held a high position there socially and otherwise, and they might not have known that he was now a member of the republican party and an emissary as I belitved from the government here. Touching how the vote of Louisiana should be counted, and stating that from my personal friendship for him of long standing I hoped that if there should be a disturbance there, as had occurred on previous occasions, no harm should befall him. By some means he obtained information of my having written such a letter, and which came back to Washington. He repaired to my office aud stated to me fully the condition of affairs 'n Louisiana. He said he believed and that others believed that Louisiana was democratic bv from 8,000 to 10,000, but that money would decide how her electoral vote would be thrown; that his sympathies were with the Bouth and with what was right, and that he had in his possession, which he exhibited to me sealed, a letter purporting to be from Mr. Wells to Senator West. My informant said: '"I have read this letter; it i sealed; I can not open itof course.nor would I have yon do it if you would, but it informs Senator West that the democrats have Dut up a million of money, ana that we (meaning the republicans) would need a million down there to settle this thing and to counteract that." He aaid he did not feel disposed to deliver that letter, that it was not obligatory on him. and that if he followed the wishes of his heart and the dictates of his judgment, he would endeavor to have these gentlemen supplied with what thev needed so as to determine the result, and he asked me whether I had any objection to co-operate with him I said professionally I can not, but in view of the magnitude of the interests at stake I have no hesitation to do all that is in my little power. The reilt was that after one or two long conversations extending over a portion of , the next . day, and after some preliminary reduction of points to waiting I repaired to New York and there had interviews with several gentlemen eminent in the democratic' party, to whom I fully related all these antecedent facts. ; I had but one letter, that which I hare already produced to the committee, and in order to tonceal the name of the party to

whom it was addressed I cat it out, but I

have it with me properly Identified. I ararranged with him certain preliminaries. Q. Did you see the . letter i oenaior West? v A. I saw a sealed letter. I did not see its contents, but this " gentleman voluntarily stated to me its contents, the chief portion of which was that the democrats had to pay $1,000,000 and that the republicans wanted $1,000,000 to counteract that. ti The gentleman .with .whom you oaa this conversation is. you say, within this building now. A He was here this morning, l came up to the capitol with him. . Q By Lawrence: Who is this gentleman? A Iiis full name is Joseph Harris Maddox. , ' Q Did he give you any other paper than this letter purporting to'be from Wells? . A. Nothing in the shape of a letter or credential. We made some notes as to the basis on which he proposed I should endeavor to negotiate the atfair. v il What were you to negotiate? A. I was to negotiate, if possible, money enough th pay Governor Wells and his fellow members of the returning board to do what I considered right and proper, that is to say, to determine the state for Tilden. He informed me he would give it for Hayes unless they were paid to give it for Tilden, under which circumstances I feel perfectly justified in doing all in my power, lest I might regret it after. To attain that great end this gentleman with whom I endeavored to make the negotiation, I am happy to Ray. informed me that had our Iositions been reversed, if he had been in my place and I in his, he would have done precisely west I did. Q. The thing which he proposed to you was that you should make the necessary negotiation to get Wells and the returning board to give the state to Tilden. Is that it? A. He informed me that the State of Louisiana was certainly democratic by from 8.000 to 12,000 votes, but that it would be carried for Hayes by that returning board. He knew its complexion; he had been acquainted with Wells 28 years, he said, and with Anderson nearly as long. To get them to do what was right I absented to see these parties at his instance, and to endeavor to see if the negotiations could be made. x Q. In other words, the object was to raise money? A. Most undoubtedly; not for myself but for this great object. Q. And the money, was to be given to Maddox? A. No; not to be given to hinu A stakeholder would have boon sent down. ; c.t . , Q. Who was to be stakeholder? A. That was to be determined bj those who would supply the sinews of war. (. Whom did you see in New York? A. I endeavored first to see Mr. Hewitt. He was out of town that day (Sunday) but a note was sent to me in the evening that he had returned, and I did see him. Previously I saw Mr. John Morrissey, with wTiom l had some slight acquaintance. I stated these , facts to . hiui. lie said that while he had no particular compunctions in paying a man to do what was right, he did not feel that it was necessity in this case. He said he would buy these fellows as readily as he. would buy pigs, or words to that effect, in which I coincided with him in the interest of 40,000.000 of people, but he said we all knew that Tilden was elected, and that he had just received, or the public had Just re-t ceived information Ironi Oregon whicn made it unnecessary to resort to any such meas ure. .That was about the purport Ol my conversation with Mr. Morrisesy. . Q. Did you receive any money from him? . A. Not any. Q. Did you see Mr. Hewitt? , A. In the evening I saw Mr. Hewitt, and went oyer the whole story to him, to which he listened verv natientlv and kindly. I told him that while I had been an attornev-at-law for a great many years, and for 10 or 12 years in Washington, I had never used a dollar corruptly and never expected to, but that in this instance I felt the approval of my conscience upheld by duty in presenting this thing to him and he said, were our positions reversed, he would have done precisely the same. He said this was the third proposition of this kind that had been made to him on the part of the returning board in Louisiana, but that mine appeared the most plausible and authentic, and that under no circumstances would they entertain any such proposition, that if we bought them now we would have to buy them evr he reafter; that if the country was going into civil war we might as well let it come and be done with it, but that he had no apprehension of any such result, and that the country knew that Governor Tilden was elected. That was about the purport of our conversation. Q. Was anything said between you and Maddox as to how much of the 'njoney he should have? A. There was nothing said as to how much he should have. It was his affair. He said if I could succeed in making the negotiation that he should see I should be very handsomely compensated, that I should have a certain percentage. I said I would take tbe money, and would distribute it among the widows and orphans of the south ; stated that he had been a colonel in the Confederate service, chief of staff to General Breckinridge in one campaign, and volunteer aid in another. Maddox was called by the committee, but refused to give any answer to most of the questions asked him with regard to the offer of the Louisiana returning board to sell out to the highest bidder. He finally consented to consult his attorney, and if he advised him to tell the whole story with regard to Wells and the returning board, he wonld let loose to-morrow. The committee then adjourned until to-morrow. MORE TESTIMONY. Two of the XiOtilHlana Conspirators 1 laced on tbe Stand and Questioned. Washington, Feb. 2. Mr. Maddox continued his testimony to-day under the examination of Representative Burchard. While in New Orleans he spoke to several democrats in a general way. Had interviews with Judge Walker, who proposed introducing him to Baldwin fe Co. about the Louisiana vote. Colonel Zacharie was the person alluded to in the telegram signed : John Hancock dated New .Orleans, Decemher 1, and addressed to Colonel Pickett as follows: "Teletrruph party to trust peron you wrote about. May be to your interest." Witness was desirous of producing letters from Governor WJls to Senator West, and from Governor Wells to Maddox, but wanted time. They were in the hands of a prominent . republican. He required no mouey for .their production, and would take none. Q Did you not agree to take a share of the $1,000,000 proposed to be raised by you and Colout l Pickett to affect the Louisiana returns, and. now you say you would not take atiy money for producing the letters?. A. I thought it not immoral 'to buy a right. Witness wag allowed until to-morrow to prKlu'e the letters. Qiifstioii by 8eelye Did you not enter into a double game to turn over the state of LoiiiMiina to eitler the democratic or republican arty. whichever should funUh the million dollars? ... A. When I went to New Orleans It was

with a view of examining the canvass for myself. ' After my interview with Governor Wells I was satisfied his proposition to. his

northern mends could not be met. I did not wish it to be met, but I wished that after the proposition was accepted it should be earned out, I acted on broad moral grounds. It was better for people to buy their rights than lose them. It was a part of my game to appear to encourage Governor Wells. Witness delivered a letter to President Grant from Governor Wells intended for submission to the cabinet. Governor Wells wanted protection in the discharge of his duties, and the president said he should receive it, remarking that he wanted a fair count and an honest declaration of the vote. . . Witness said he ; had not been convicted of an infamous crime in Paltimore. He was arrested for negotiating stock supposed to be forged, but it was ascertained to be genuine. , ANDERSON ON THE STAND. General Anderson, of the returning board, testified to the Fessionsof the board being public and attended by visiting members of the republican and democratic parties. Each side had stenographers to reIort the proceedings. When the board went into executive session it was to consider the statement of supervisors and affidavits bearing upon the returns. Only officials of the boaid were present at the compilation of votes.. Mr. Burchard interrogated witness with regard to certain affidavits appended to a former special message of the president on Louisiana affairs charging intimidation, etc Witness was patislied from recollection that those affidavits were before the board. He remembered the names of two of the affiants, Mr. Lane and Mr. Clover, the latter a supervisor.of registration. To . witness's knowledge there was no change of Vernon parish to re-elect Senator Kelso, republican. He was not present in the board when the official returns from that parish were opened. The result was, bowever, in favor of Hunter as district judge; witness always looked upon Hunter as a democrat. He was formerly treasurer of state and was declared district attorney. He believed Andrews to be a democrat as he belonged to a democratic family. Witness did not know of the destruction of official returns of Vernon or any other parish, was not aware of any alterations of returns and never had any communication with any member of the board regarding alteration or destruction of returns. Witness knew Maddox 25 years but not intimately. 'Question by Lawrence Did you have any conversation with him during the time the returning board were engaged in their labors last fall? A. None whatever. The only conversation I ever had with him was to-day ''Good morning," and a shake of hands with him. I never had two minutes' talk with him. I did not hear in New Orleans of any proposition from Governor Wells to sell out the state, or anything connected with such thing. Q. Did you meet Maddox in Governor Wells's room? A. I did not meet him in Governor Wells's room, my own room or any other room. ' Q. Did Maddox say anything about the use of money to affect the result of the election? t A. Nothing about money or the result of the election. Q, Did Governor Wells give you any intimation of anv conversation he had with Maddox? A. None whatever. Q. Do you know of. any negotiations, arrangement or proposition with which Maddox. was connected? , A. I do not. Q. Did you ever hear of any proposition from Governor Wells that there oe raised $200,000 fox him and $200,000 for you? Ai I never heard of it till mentioned here. Q. Is it true he also wanted smaller sums for the negroes? A. I never heard. Q. Is it a fact that negroes are on the board? A. There are two said to be colored persons Kenner and Casanave. Q. Was there any proposition made by any one in relation to the raising of money to affect the declaration of the result? ' A. Yes. Dr. W. A. Robeson, democratic state senator, came to my room at 11 at night on the 24th or 25th of November, and said to me there was an opportunity to make a good thing, and that I would get $200,000 if I would insure the state for the dehiocrats. I replied that it was a subject I did not wish to entertain. He asked me to think it over. I replied it would be useless for me to do so, and before he left the room he exacted a promise of me to meet him at the St. Charles hotel at 6 next evening. I promised to meet him to get rid of him. I did not meet him. He came to the board and called me out, inquiring why I did not meet him. I said I had forgotten, when he replied it was too important for me to forget. I said to him, "I do not want you to converse any farther with me on the subject If you wish to retain my friendship, you will never again mention it. General Anderson was interrogated at length, and was asked: "Were not a good many affidavits of intimidation, etc., made in New Orleans?" to which question he replied: "Large numbers were sworn to in that city." Q. Were there not affidavits prepared long subsequent to the 24 hours required by law? A. I do not know how many days after the 24 hours. The witness said he did not know that An drews declined the office of district attorney for the reason that he was elected by changes in the returns and not by' the people, nor did he know that Andrews ever wrote a letter to that effect. The witness said the returning board threw out certain votes, believing that in doing so they were sustained by law and evidence. They did this without regard to party politics. Q (By Mr. Field.) Did you know you' threw out more Tilden than Hayes votes? A. We knew it after the result was ascertained. . .. Q. Did you know this while you were doing it? . . A. I can not say that we did. While . you were throwing out the parishes did you not know it would affect the presidential election? A. I did not. Q. Did you not declare you would not serve as a member of the legislature if the vote was declared in your favor? - A. The reason for my making such a decision was because of some inquiry relative to the parish of Lafayette, the returns not having been sent in at this time. , He was a candidate in that parish, and aaid he knew he was not elected, and therefore would not serve ff he was returned as being elected. ! Qj Had you any reason for thinking that the board ,would return you if you were not lected? . ,i ; ; ' ; A. Yes; because I heard it whispered about that. I would be returned. I said I would not take my seat . Q. Is Dr. ' Robeson, who offered you a bribe, still your friend? A. I do not regard him as my enemy. I do not think I have seen him since.' . 1 ' Q. -Do yon not think that a raaiv who -would offer you a bribe was a bad man? -

A. I think it was very improper in him. Q. But do you not think it was very dishonest? ; a. i do. ; Q. Did you turn Dr. Bobeson out of your room? A. I got rid of him by promising to meet him at the St. Charles hotel, but I did not go there ....,-. . Q- Did you express your detestation of -he offer? ' A. I told him I did not approve it, and not to mention it to me sgain. The committee .then adjourned untH tomorrow. ' '

THE' LEGISLATURE. Filtieth Regular Session. SEX ATE. Wednesday, Jan. 31. The senate was called to order at 10 a. m. by the president. The journal was read and approved. Mr. Taylor introduced a resolution calling on the trustees and managers of benevolent and reformatory institutions for lists of their employes and their compensation. Adopted. The senate proceeded to the regular order for Wednesday consideration of bills on third reading. Senate bill No. 71, giving the consent of the state to the acquirement of title by the United States to land in this state, was" read the third time and passed yeas. 35; rays, 2. S. B. 41, amending the bastardy act by providing that after 12 month simprisonment, in case of a defaulting defendant, he may be released on proof of inability to pay or replevy, was read the third time and failed for want of a constitutional majority yeas, 23; nays, 13. S. B. 24, amending the civil code by compelling the granting of changes of venue in cases where the defendant files an affidavit that there is undue influence or prejudice against him, and that he has a good cause of action, was read the third time and failed to pass for want of a constitutional majority yeas, 25; nays, 12. House Bill 116, providing for continuance of causes in cases where members of the general assembly are parties to the uit was read the third time, and on motion of Mr. Streight was, by unanimous consent, so amended as to include in its provisions the lieutenant governor. It was then passed yeas, 33; nays, 2. ' HOUSE. The house was called to order at 9:30. Tray er was offered by Dr. Day. Bills on third reading were next taken up. H. B. 35, by Mr. Smith, defining the jurisdiction of justices of the peace, was recommitted to the judiciary committee with instructions to make it apply to the amended law. Mr. Hall introduced a resolution asking the governor to furnish the house a copy of the message delivered to the last house, concerning the trial of J. L. McCullough, in Benton county. Adopted. ' H. B. 39 by Mr. Grubbs, for the restoration of destroyed county records, was passed. ; H. B. 1, by Mr. Carlton, to amend the act concerning real property and the alienation thereof, was read a third time. It provides that conveyances to husband and wife shall constitute a tenancy in common and not a joint tenancy, unless so expressed. Ihe bill was passed ayes, 0; noes, 3. H. B. 4, by Mr. Hulett regulating descents and apportionments of estates. It was passed by a vote of 79 to 1, Mr. Yaryan voting against it. It compels the heirs or widows to signify an acceptance within six months. II.' B. 23, by Mr. Copeland, amending, the fee and salary act by allowing witness fees before justices of the peace, which the. present law omits. The bill passed. IL B. 13, oy Mr. Branyan, amending the felony act by making all larcenies under $15 petit larceny. The bill passed. The committee to which was referred H. J. R. 3 reported in favor of making its consideration the special order for Saturday. So ordered. H. B 86, by Mr. Carr,- to amend the act concerning trespassing animals and the pro tection of fences, and prividing for the col lection of damages, was passed by a vote of 64 to 12, II. B. 18, by Mr. Branyan, to limit the original jurisdiction of circuit courts to $100. The bill passed by a vote of 54 to 25. H. B. 41, by Mr. Hall, providing that the repeal of any act repealing a former act, the original act shall not be revived unless so expressed. The bill was passed by a vote of 68 to 11. . A message was received from the senate announcing the passage of H. B. 116 and S. B.'s 71 and 142. The senate amendment to II. B. 116 was concurred in. The committee on 'county and townshio business reported back S. B. No. 6, to legalize certain acts of the commissioners of Grant county, recommending its passage. The bill was read a third time and nassed by a vote of 76 to 0. II. B. 44, by Mr. Moarman, for the ' suppression of obscene literature or instru ments, was read a third time, vn motion the bill was laid on the table. ' II. B. 49, bv Mr. Leeper, was laid on the table. IL B. 2, by Mr. Branyan, was recommit ted to the committee on dykes and drains, with instructions to make it conform to the senate bill on the same subject II. B. 10, by Mr. Ilauss, fixing the time of holding court in the Eleventh judicial cir cuit The bill passed by a vote ol 83 to u, H. B. 105, by Mr. Keno, o provide for the removal of rail and plank fencing overflowed by water. The bill was passed by a vote of 71) to 2.. . .. Mr. Adams moved to reconsider the vote by which II. B. 44 was laid on the table; and that the bill be put upon its passage. The motion was sustained. Mr. Moor man moved to recommit the bill to the com mittee on temperance, with instructions, which was done. ' '- - By consent Mr. Viehe, from the committee i on judiciary, reported . back II. . .B. 146, with. a recommendation, that it do not; pass. Mr. Carlton, from the same commit tee. presented a minority report recommend ing that it do pass. The bill is to repeal the provoke law. Mr. Carlton made a well timed speech in favor of the repeal of the law. There was Considerable discussion on the bill. The minority report was not con curred In, the vote standing 37 to 42. Ihe majority report was concurred . in and the bill indefinitely postponed. : II. B. 92, by Mr. Adams, prescribing the duties and powers of justices of the peace in state prosecutions, was read a third time. It gives uiem exclusive original jurisdiction in all cases where the fine, can not exceed $20, but fines may be assessed at $50. but a justice shall haveno' power' to adjudge imprison ment as a part of the punishment lasscd by a vote of 75 to 0. ' ' ' V.' IL B. 75, by Mr. Thompson, of Elkhart, makincr township trustees inelieible to a third consecutive term, was passed by a vote IL B. 45. by Mr. Moorman, to amend the act for the incorporation of towns, limiting the hoards of trustees of incorporated towns to three members,' and providing for their f election the same as the county commis-

sioners. The bill was passed by a vote of CI to 16. H. B. 51, by Mr. Leeper, to enable cities and incorjorated towns to use their surplus school fund to discharge indebtedness contracted in erecting school buildings. The bill was passed, with amendments, .by a vote of 71 to 6. H. B. 37,. by Mr. Craft, to amend the act for the incorporation of towns. It provide that city officers shall go out of office in September instead of May. It is to give tue assessor, clerk and tre.surer time to com-

lete their reports. It was passed by a vote ö to 0. House adjourned. KEXATE. - Thcrsdat, February I. The president called the senate to order at 0 a. m. The journal was read and ap proved. REPOBTS OF COMMITTEES. By Mr. Givan, from the iudiciary commit tee, returning S. B. 116, recommending that it pass. By Mr. Hefron, from the committee on or ganization of courts, returning S. B. 116, rccuijuuenuiHg mai 11 re amenaeu and parsed. liy Mr. fMockslager. from the iudiciary committee, returning S. B. 155, recommend ing tuat it oe tabled. Also returning S. B. 40. recommending that it be indefinitely postponed. liy jut. Harris, from the same committee. returning S. B. 46, recommending that it be amended and passed. By Mr. Sarnighausen. from the committer on education, returning S. B. 205, recom3: iL .1 l . . . luenuiiig uiai 11 oe passeu. Also returning S. B. 130. recommending that it be indefinitely postponed. Also returning 8. B. til, recommending that it be amended and passed. Also returning s. B. 68, recommending that it be tabled. Also returning S. B. 28. recommendinc that it be amended and passed. By Mr. Wier. from the committee on culture, returning H. B. 99, recommending mai ik oe aiueiiueu ana passed. liy Mr. Tarlton, from the same committee. reiorting a 1 ill (S. B. 214) concerning licenses to vend merchandise or make exhibitions, keep brokers' offices, etc The bill was referred back to the committee on agricul ture. Ttv Mr TTütlon-iQTi fi-Am ä : . . - on county and township business, returningS. B. 135, with the recommendation that it pass. Ity Mr, llykeman, from the same commit tee, returning S. E. IG2. with the recom mendation that it lie on the table. By Mr. Burrell, from the same committee. returning S. B. 55, with the recommendation that it be amended and passed. S. B. 152, regulating the indebtedness of cities. This is ihe bill prepared by the citizens of Indianapolis for limiting the indebtedness and taxation of the citv. the question beins on adontine- th amendments proposed by the committee. They were agreed to. Mr. Harris moved that the corüstitnHnr..il rule be suspended, the bill read a second time by title, a third time by section and ui uiKn us passage. Agreed to, and the ill was read the second and third time and passed yea.s,-35; nays, 0. Mr. Stockslasrer moved that his mail hni S. B. 34, be made a special order for Thursday at 10 a. m. Agreed to. Mr. .Shirk offered a concurrent resolution that the legislature will not vote for anv measure providing for the erection of a state house that does not state the maximnm cost of the same, completed, etc. Mr. Stockslager moved that the resolution be referred to the committee on public: buildings. . Mr. Reeve moved to amend by instructing the committee to incorporate any provision in any bill they may report that they see fit. Mr. Skinner moved to lav the resolution and subsequent motions on the table. Not agreed to. After debate, Mr. Underwood moved the previous question, which was ordered. lue amendments of Messrs. Reeve and Stockslager were negatived. On the adoption of the resolutions the yeas and nays were demanded, and the vote resulted yeas, 24; nays, 13; so the resolu tion was adopted. Mr. Stockslager moved that the finance committee be instructed to report back S. B. liy as soon as possible. Agreed to. HOUSE. The consideration of II. B. 59 was the special order. It authorizes county commissioners to contract for the defense of indi gent criminals. The committee on judiciary reported adversely to it, but a minority report favored its passage. The minority report was not adopted, and the bill was laid on the table. II. B. 50, by Mr. J-eeper, was next taken up. it autnonzes incorporated towns to change their boundaries, so as to exclude territory which has not been laid out in lots. Itwas moved to recommit to the committee, with instructions to amend. The motion did not prevaiL The bill passed by a vote of 77 to 8. H. B. 25. by Mr. Marsh, was made the special order for Tudesday afternoon. II. B. 70, by Mr. Lockhart, to legalize the election and acts of officers of the town of Eaton, Delaware county, in 1875. Tassed by a vote of 69 to 9. H. B. 61, by Mr. Collins, was made the special order for Tuesday afternoon. II. B. 34, by Mr. J. Cole, a bill authorizing boards of county commissioners to construct gravel, macadamized or paved roads, upon petition of a majority of resident land owners along and adjacent to the line of any road; authorizing them to issue bonds of tbe county to raise money required for that purpose by taxing lands adjacent to the road. Before action, the house adjourned. The special order was the consideration of II. B. 117.- It grants justices of the peace jurisdiction where the amount involved does not exceed $500, but that the defendant may confess judgment for $1,000. The minority report in favor of the bill was not adopted, and the bill was laid on the table. The consideration of H. B. 34 was resumed. Mr. Adams moved to recommit the bill with instructions to amend. Mr. Kennedy, of Rush, moved additional instructions. A division- of the question was asked for. On motion of Mr., Lane, the motion to recommit was laid on the table. A great deal of discussion followed, and at 3 o'clock the previous question was demanded by Mr. Foster, of Allen, and the bill was not passed yeas, 37; nays, 42. On the recommendation of the committee on roads, II. B.y 192 was indefinitely postponed. - .j; ' IL B." 135,.' by Mr. Lanham, requiring . boards of directors of gravel road companies to file with county auditors annual statemetts of the financial condition of the companies. Passed ayes, 75; nays, 3. . It. B. 42, by Mr. Kimmell, for the protection of . wild game. ' It protect prairie chickens, ducks, woodcocks and deer during; the mating season. Passed ayes, CO; navs, 11. .' ' :"--'''' iL B. 103, by Mr. ' Hall, to tax as costs the expense of procuring transcripts and the exemplification of records. The bill failed to pass for want of a constitutional majority ayes, 46; nays, 42. , - A message was received from the senate

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