and protection of fish, was taken up, and, on motion of Mr. Kim. ball, referred to the Committee on Agriculture.

The message of the Senate, and Senate concurrent resolution, in relation to purchasing a new flag for the State House.

On motion, the resolution was concurred in.

The Senate concurrent resolution, in relation to payments of claims, and matters connected therewith, was taken, up.

The question being, shall the concurrent resolution be concurred in?

It was not concurred in.

Engrossed House bill No. 27, was taken up, and the following amendments of the Senate read:

Amend section 1st by adding the following: "Provided, That the provisions of this act shall not apply to contracts heretofore made." Also, add the following as section 2: "Whereas an emergency exists for the immediate taking effect of this act, therefore the same be in force from and after its passage."

Also, amend the title by striking out the word "concurring," and inserting the word "regulating."

In which the concurrence of the House is respectfully requested. Which amendments were concurred in.

Mr. Kimball presented the petition of Mary Jane Jameson, of Pennsylvania, claiming an interest in the two squares, or out-lots, in the city of Indianapolis, now in possession and control of the Trustees of the Blind Asylum of the State of Indiana.

Which petition was referred to the Committee on Claims.

By unanimous consent of the House, Mr. Offutt offered the following amendments to Senate bill No. 6:

"In all actions arising under the provisions of this act against any railroad company, it shall be sufficient to bring such action. against such railroad as defendant, wheresoever the same is or was,

being run by the company, or by a lessee, assignee, receiver, or other person in the name of such company; and the summons shall be served by the proper officer on the railroad company defendant at least ten days before the first day of the term of the court at which such cause is to be heard; and in case such action is commenced before a justice of the peace, then such summons shall be served on such railroad company defendant at least ten days before the time set down for the trial of the same, and such summons may be served by copy on any conductor of any train on said railroad passing into or through such county."

Which amendments were ordered to be printed with said bill.

On motion of Mr. Kimball, House bill No. 391 was taken up. read a second time and ordered to be engrossed.

On motion of Mr. Woollen, Senate bill No. 262 was taken up -a bill to change the time of holding the circuit court in Huntington county, Indiana.

Which bill was read a first time.

Whereupon, Mr. Walker moved that the constitutional rule be suspended, the bill read a second time by its title, considered as engrossed, read a third time by sections, and put upon its passage. The question being, shall the constitutional rule be suspended?

Those who voted in the affirmative were, Messrs. Anderson, Baker, Barker, Barrett, Baxter, Billingsley, Blocher, Bowser, Branham, Butterworth, Cauthorn, Clark, Cline, Cobb, Coffman, Cole, Cowgill, Crumpacker, Dial, Durham, Eaton, Edwards (of Lawrence), Ellsworth, Eward, Furnas, Gifford, Given, Glazebrook, Goble, Gregory, Hatch, Heller, Henderson, Hollingsworth, Isen hauer, Johnson, Jones, Kimball, Kirkpatrick, Lenfesty, Martin, McConnell, McKinney, Miller, North, Odle, Offut, Ogden, Pfrimmer, Prentiss, Reeves, Reno, Riggs, Rumsey, Satterwhite, Schmuck, Scott, Shutt, Smith, Spellman, Stanley, Teeter, Thayer, Tingley, Troutman, Tulley, Walker, Wesner, Whitworth, Wilson (of Blackford), Willson (of Ripley), Wood, Woodard, Woollen and Mr. Speaker-75.

No one voting in the negative.

So the constitutional rule was suspended, the bill read a second time by its title, considered as engrossed, read a third time, and put upon its passage.

The question being, shall the bill pass?

Those who voted in the affirmative were, Messrs. Anderson, Baker, Barrett, Barker, Baxter, Blocher, Bowser, Branham, Butterworth, Cauthorn, Clark, Cline, Cobb, Coffman, Cole, Cowgill, Crumpacker, Dial, Durham, Edwards (of Lawrence), Ellsworth, Eward, Furnas, Gifford, Givan, Glazebrook, Goble, Gregory, Gronendyke, Hatch, Hedrick, Heller, Henderson, Hollingsworth, Hoyer, Isenhauer, Johnson, Jones, Kimball, King, Kirkpatrick, Lenfesty, Martin, McConnell, McKinney, Mellett, North, Odle, Offut, Ogden, Peed, Pfrimmer, Prentiss, Reeves, Reno, Richardson, Riggs, Rumsey, Satterwhite, Schmuck, Scott, Shutt, Smith, Spellman, Stanley, Teeter, Thayer, Tingley, Troutman, Tulley, Walker, Wesner, Whitworth, Wilson (of Blackford), Willson (of Ripley), Wood, Woodard, Woollen and Mr. Speaker—78.

No one voting in the negative.

So the bill passed.

The question being, shall the title as read stand as the title of the bill?

It was so ordered.

On motion House bill No. 316 was taken from the table, read a second time and ordered to be engrossed.

Mr. Johnson introduced House bill No. 417-an act governing costs in Superior Courts in this State.

Which bill was read a first time.

Whereupon Mr. Johnson moved that the constitutional rule be suspended, the bill read a second time by its title, considered as engrossed, read a third time by sections, and put upon its passage.

The question being, shall the constitutional rule be suspended?

Those who voted in the affirmative were, Messrs. Anderson, Baker, Barker, Barrett, Baxter, Blocher, Bowser, Branham, Butter

worth, Butts, Cauthorn, Clark, Cline, Cobb, Coffman, Crumpacker, Durham, Edwards (of Lawrence), Eward, Gifford, Given, Glazebrook, Goble, Gregory, Hatch, Heller, Henderson, Hollingsworth, Johnson, Jones, Kimball, King, Kirkpatrick, Lenfesty, Martin, McConnell, McKinney, Mellett, North, Odle, Offut, Ogden, Pfrimmer, Prentiss, Reeves, Reno, Riggs, Rudder, Satterwhite, Shutt, Smith, Spellman, Stanley, Thayer, Tingley. Troutman, Wesner, Whitworth, Wilson (of Blackford), Willson (of Ripley), Wood, Woollen and Mr. Speaker—64.

Those who voted in the negative were, Messrs. Dial, Ellsworth, Furnas, Hedrick, Rumsey, Schmuck, Scott and Tulley--8.

So the constitutional rule was suspended, the bill read a second time by its title, considered as engrossed, read a third time by sections and put upon its passage.

The question being, shall the bill pass?

Those who voted in the affirmative were, Messers. Anderson, Baker, Barker, Barrett, Baxter, Blocher, Bowser, Branham, Butterworth, Cauthorn, Clark, Cline, Cobb, Coffman, Crumpacker, Dial, Durham, Edwards (of Lawrence), Ellsworth, Eward, Furnas, Gifford, Givan, Glazebrook, Goble, Gregory, Gronenkyke, Hatch, Hedrick, Heller, Henderson, Hollingsworth, Johnson, Jones, Kimball, King, Kirkpatrick, Lenfesty, Martin, McConnell, McKinney, Mellett, North, Odle, Offut, Ogden, Pfrimmer, Prentiss, Reeves, Reno, Riggs, Rudder, Rumsey. Satterwhite, Schmuck, Scott, Shutt, Smith, Spellman, Stanley, Thayer, Tingley, Troutman, Tulley, Wesner, Whitworth, Willard, Wilson (of Blackford), Wood, Woollen and Mr. Speaker-71.

No one voting in the negative.

So the bill passed.

The question being, shall the title as read stand as the title of the bill?

It was so ordered.

On motion of Mr. Blocher, the House adjourned until to-morrow morning at 9:30 o'clock.

This Journal was read in the hearing of the committee and found to be correct.

W. K. EDWARDS,

Speaker.

FRIDAY MORNING.

JANUARY 31, 1873, 9:30 O'CLOCK.

The House met pursuant to adjournment, with the Speaker in the chair.

Prayer was offered by the Rev. E. F. Howe, of Terre Haute.

The journal of yesterday was read in part, when on motion of Mr. Wood, the further reading of the same was dispensed with.

Mr. Broaddus, Chairman of the Committee on Engrossed Bills, submitted the following report:

MR. SPEAKER:

The Committee on Engrossed Bills have examined engrossed copies of House Bills Nos. 289 and 335 and find them in all things correctly engrossed.

On motion of Mr. Kimball, engrossed bill No. 372 was taken up, and read a third time and put upon its passage.

The question being, shall the bill pass?

Those who voted in the affirmative were, Messrs. Anderson, Baker, Barker, Barrett, Baxter, Billingsley, Blocher, Branham, Butterworth, Butts, Cauthorn, Clark, Claypool, Cline, Coffinan, Cole, Crumpacker, Dial, Durham, Edwards (of Lawrence), Ellsworth, Eward, Furnas, Gifford, Givan, Goble, Gregory, Gronendyke, Hatch, Heller, Hedrick, Henderson, Hollingsworth, Hoyer, Isenhauer, Jones, Kimball, King, Kirkpatrick, Lenfesty, Martin, Mc Connell, McKinney, Mellett, Miller, Odle, Offut, Peed, Pirimmer, Prentiss, Reeves, Reno, Richardson, Rudder, Rumsey, Satterwhite, Schmuck, Shutt, Smith, Spellman, Stanley, Teeter, Tingley,