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Read third time, passed and title agreed to.

H. B. No. 49, "A bill for an act to authorize S. B. Stough and H. A. Fuller to erect a mill dam across Aowaye ceek, at Ponca Dakota county."

Read third time, passed and title agreed to.

C. B. No. 54, "An act to incorporate the Cedar Hill Cemetery Company of Omaha city."

Read third time, passed and title agreed to.

C. B. No. 1, “An act amendatory of an act entitled an act to incorporate the Nebraska University,"

Amended by striking out sections four, six and eight, and amending section nine, so that it will read as follows, namely: "Sections one two, three, five, six, seven, eight, eleven, twelve and thirteen, of an act to incorporate the Nebraska University, past at the first session of the Legislature of Nebraska-be and the same are hereby repealed."

The bill was now read third time, passed and title agreed to.

H. B. No. 25, “A bill for an act to establish a ferry across the Missouri, at Wyoming city, N. T.,"

Read third time, passed and title agreed to.

C. B. No. 66, "An act to incorporate the town of Wacapana, Cedar county, N. T.,"

Read the third time, passed and title agreed to.

C. B. No. 65, "An act to incorporate the town of North Bend, Dixon county, N. T.,”

Read third time, passed and title agreed to.

C. B. No. 70, "A bill for an act concerning the powers of district judges,"

Read first and second time, and referred to Committee on Judiciary. C. B. No. 64, "A bill for an act to incorporate Columbus, in Platte county,"

Read first and second time, and referred to Committee on Corporations.

Mr. Gwyer moved a recess until 3 o'clock P. M.

Lost.

On motion of Mr. Rankin,

The House adjourned at 1 o'clock P. M.

MONDAY, October 18, 1858.

House met at the usual hour.

Prayer by the Chaplain.

Journal read and approved.

Mr. Fleming gave notice of a bill to incorporate the city of Beatrice. Mr. Rankin, on leave, introduced

"H. B. No. 56, "A bill for an act to establish a ferry across the Missouri river, in Sarpy county,"

Which was read a first and second time, and referred to Committee on Corporations.

Mr. Taffe gave notice of a bill for the incorporation of the Concord Town and Ferry Company.

Mr. Bramble, on leave, introduced

H. B. No. 57, "A bill for an act to incorporate the Nebraska Lead Mining Company,"

Which was read a first and second time, and referred to Committee on Corporations."

Also,

H. B. No. 58, "A bill for an act to incorporate the Nashville Coal Mining Company,"

Which was read a first and second time, and referred to same committee.

Also,

H. B. No. 59, "Memorial and joint resolution, asking for increase of mail service from Dakota city to Niobrarah, on the Running Water river,"

Which was read first, second and third time, passed, and title agreed to.

Mr. De Puy gave notice of a bill to incorporate a ferry company at Columbus in Platte county.

Also,

Of a bill to locate a territorial road from Omaha in Douglas county, to Fontenelle in Dodge county.

Also,

Of a bill to incorporate the town of Fremont.

Mr. Clark, from special committee to which was referred

C. B. No. 71, "A bill for an act to amend an act incorporating the city of Brownville,"

Reported the same back without amendment, and recommended its passage.

The bill being now before the House,

On motion of Mr. Noel,

Was amended, by striking out the word "fifty," in the ninth line of section three, and inserting in place thereof "twenty-five."

The bill was now read a third time, passed and title agreed to.

Mr. Rankin, from Committee on Roads, reported Council Bills Nos. 62 and 74, and House Bills Nos. 51, 54, 53, 48 and 27, without amend ment, and recommended their passage.

Mr. Fleming, from special committee, to which was referred

H. B. No. 20, "A bill for an act regulating ferries,"

Reported the same back, with sundry amendments, and recommended

its passage.

On motion of Mr. Fleming,

The amendments reported were adopted.

The bill was then ordered engrossed for a third reading on to

morrow.

Mr. Stewart, from Committee on Corporations, reported Council Bills

Nos. 75, 64 and 67, also House Bill No. 37, without amendment, and recommended their passage.

Mr. Collier, from Committee on Judiciary, reported

C. B. No. 7, "A bill for an act to incorporate the Grand Lodge of the Independent Order of Odd Fellows of Nebraska,"

With the following amendment: Add to section one

created for the sole purpose of benevolence and odd fellowship, provided the real estate of the said corporation shall be limited to land or lots on which may be erected the hall, temple or other buildings used and occupied by the said Independent Order."

Also,

C. B. No. 19, "A bill for an act to change the style of the enacting clause of the laws,"

Without recommendation.

Also,

C. B. No. 70, "A bill for an act concerning the powers of district. judges,"

And recommended its passage.

Mr. Roeder, from Committee on Common Schools, submitted the following report:

The committee to whom was referred

H. F. No. 9, "A bill to establish the Common School System in the Territory of Nebraska," ask leave to make the following report:

Having had the same under consideration, we hereby lay before the House a short review of its main features, consisting in the following: The bill provides for a Territorial Superintendent, as the mainspring to set the school system into early and practical operation. The main defect in our present system is the impossibility of securing a qualified person to take charge of the responsible and multiplied duties for such a small remuneration, as provided, and the difficulty under that system to collect the necessary funds to give it vitality. In order to induce men to spend their time and talents in serving the public with all that enthusiasm such a cause deserves, we must conclude to pay a sufficient compensation, and this the bill proposes to do by giving to the Territorial Superintendent a salary of one thousand dollars, and allowing him traveling expenses, when absent from the Capitol on business pertaining to his office. The bill further provides for County Superintendents, whose duties are to divide the counties into proper districts, apportion the schools amongst the different districts, appoint and examine teachers, and do all other necessary business provided for and connected with his office. The different districts in the county are to be superintended by directors elected by the voters of each district, who have to determine the number of schools in the district, the manner in which school-houses have to be built and located, to take charge of books, apparatus, &c., and to perform and discharge faithfully all other business, belong to their office. The school fund is proposed to consist of three distinct funds, the teachers' fund, the library fund, and the schoolhouse fund. The teachers' fund is to be raised by an assessment of two mills on the dollar valuation upon all taxable property of the Ter

ritory, to be assessed and collected in the same manner and at the same time as the territorial taxes; it further provides for all fines for the breach of the penal laws, and all forfeitures, which may accrue on all land and other estates for want of heirs; it provides the income derived from school sections sixteen and thirty-six, or the land in lieu thereof. The library fund may be raised by a tax of one-tenth of a mill, and the school-house fund by a tax of not less than three and not more than five mills on the dollar valuation.

The question, whether we shall have an effective system of common schools in our Territory, will present itself to every member of this body as one of the greatest importance. Our present law, experience has shown, can not be made vital for want of two life-giving principles, and these are, first, the means to pay teachers and build schoolhouses, and second, an all regulating and superintending power to bring the system into operation. Both these defects are effectually met by this bill, and your committee therefore earnestly recommend its adoption.

The establishment of free schools in a free country is a sacred duty on the part of a commonwealth, for the intelligence of the people is admitted by all great minds to be the surest and most enduring foundation of a republican government. The better you pay your teachers, the more favorable will be the prospect to secure such as are competent, and the more beneficial will be the result thereof. Good schools exert upon the eastern emigrant another of the numerous attractions our fair country already holds out for him, and in many instances giving a decision in favor of our Territory, whenever the head of a large family, weighing and considering the advantages of schools and education in his eastern home, stands in doubt, whether he shall give up his old and comfortable homestead and migrate to a new and distant country, where his children may likely loose all prospect to receive even a common school education only.

Your committee, being of opinion that the bill under consideration is particularly well adapted to our future bright prospects of a largely increased population, having the necessary vitality to carry its provisions into practical operation, and also desiring that every member of this House may have an opportunity to make himself well acquainted with the provisions of this act, recommend this bill to be printed before it is put upon its passage.

All of which is respectfully submitted,

AUGUSTUS ROEDER,
HENRY W. DE PUY.

On motion of Mr. Lee,

It was ordered that one hundred printed copies of the report and the bill accompanying the same be procured for the use of the House. Mr. Fleming, from Committee on Federal Relations, to which was referred

H. B. No. 38, "Joint resolution in relation to the extension of the time for pre-empting lands on certain conditions,"

Reported the same back without amendment, and recommended its passage.

The bill was then ordered engrossed for a third reading on to-morrow. Mr. Seymour, from Committee on Agriculture, to which was referred H. B. No. 40, "An act for the encouragement and protection of live fences,"

Reported the same back with sundry amendments, and recommended its passage.

On motion,

The amendments reported were adopted.

Mr. Gwyer moved to amend the bill, by inserting in section one "two feet," instead of "six feet."

Lost.

The bill was then ordered engrossed for a third reading on to-morrow. Mr. Rankin gave notice of a memorial, praying Congress for an appropriation for the completion of the Capitol.

Mr. Gwyer gave notice of a bill, to authorize certain parties to construct a rail road from the head waters of the Missouri river, at or near Fort Benton, to the west line of Nebraska Territory.

On motion of Mr. Fleming,

Business on the Speaker's table was taken up.

C. B. No. 67, "A bill for an act to incorporate the Nemaha Valley Insurance Company,"

Was referred to a special committee consisting of Messrs. Daily, Clark and Stewart.

Mr. Gwyer moved to instruct the committee to report an amendment to the bill, restricting the charter to twenty-five years.

Carried.

Mr. Clayes moved to take up the homestead bill.
Lost.

The following message from the Council was received:

Mr. Speaker:

COUNCIL CHAMBER,

Oct. 18, 1858.

I am instructed to inform your honorable body that the Council has passed,

C. B. No. 3, "A bill for an act to exempt the homestead of families from. forcible sale,"

Also,

C. B. No. 72, "An act to incorporate the city of Dakota,"

Also,

C. B. No. 78, " An act to incorporate the town of Saint Helena,"
Also,

C. B. No. 83, "A bill for an act changing the title of probate judge and to define his duties,"

Also,

C. B. No. 85, "A bill for an act requiring the title of all bills to express truly the intent of the same,"

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