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Washington county, in relation to the removal of the county seat of that county.
Mr. Collier presented a petition from citizens of Burt county, in relation to a wagon road from Platte river to the Running Water.
H. B. No. 94, “An act to locate a territorial road from the city of Elkhorn to the Pappillion at McArdle's,"
Read first and second time and referred to Committee on Roads.
Mr. Davis of Washington, from Committee on County Seats and County Boundaries, to which was referred
C. B. No. 73, "An act to establish the county of Ponca,"
Reported the same back without amendment, and recommended its passage.
Mr. Young, from Committee on Common Schools, to which was referred
C. B. No. 23, “A bill for an act providing for the better regulation of schools in Nebraska,"
Reported the same back without recommendations.
The following communication from the Sergeant-at-arms was read: To the Speaker of the House of Representatives :
I would beg leave to report that I have seen Mr. Robertson in relation to procuring printed copies of the Criminal Code, and the lowest price per copy for which they can be got, to be paid in cash, is five cents each, and in territorial warrants ten cents each.
And your Sergeant-at-arms, not feeling himself authorized to procure them at that rate, makes this report that he may be further instructed by the House in regard to the same.
J. D. N. THOMPSON,
Sergeant-at-arms, H. R.
Mr. Gwyer moved that the Sergeant-at-arms be instructed to procure the papers in accordance with the resolution, at the rate of ten cents per copy. .
Mr. Clark moved to reconsider the vote by which the Sergeant-atarms was instructed to procure copies of the Nebraskian.
Mr. Gwyer moved to lay that motion on the table.
Mr. Daily now moved the indefinite postponement of the original resolution.
H. B. No. 72, "A bill for an act to establish a territorial road from Florence to the bridge on the Little Pappillion,"
Reported the same back without amendment, and recommended its passage.
Mr. Rankin, on leave, introduced
H. B. No. 96, “A bill to authorize the Bank of Nebraska to deposit security for its issues with the Auditor of the Territory,"
Read first and second time.
Mr. Steinberger moved to refer the bill to a select committee of three.
Mr. Clayes moved to refer to Committee on Banks and Currency.
Mr. Steinberger moved to instruct the committee to report on Wednesday next.
Mr. Clayes moved to amend, by instructing committee to report on Thursday instead of Wednesday.
Mr. Mason gave notice of a bill to amend sections seventeen, eighteen, eighty-seven and one-hundred and eighty-one of the Criminal Code, passed at the present session.
Mr. Hall, on leave, introduced
Read first and second time, and referred to a select committee of three, consisting of Messrs. Mason, Hall and Collier.
Mr. Gwyer rose to a question of privilege, and read the following statement and protest, which he requested be entered at large upon the Journal of the House:
The undersigned, members of the House of Representatives, believing that they are misrepresented by the Journal of the proceedings in this House on the 21st instant, respectfully submit the following statement and protest:
The Journal of the House is incorrect, especially in that it states that Mr. Collier moved to take up the business on the Speaker's table and orders of the day; in that it does not state the ruling of the Speaker upon the real motion of Mr. Collier; in that it does not state the points of order raised when the Speaker took up Council Bill No. 3, after the motion of Mr. Rankin to take up unfinished business, and the ruling of the Speaker on these points of order; in that it does not state the Council Bill No. 3 was then laid again upoc the Speaker's table by the Speaker; in that it does not state the motion of Mr. Gwyer, to take up the bill reported by the minority of the special committee, to whom was referred the Homestead Bill, H. B. No. 6, being the unfinished business, or the disposition by the Speaker of that motion; in that it does not state that after the motion of Mr. Stewart, to lay upon the table all matters connected with the Homestead Bill except Council Bill No. 3, that Mr. Collier made two points of order, nor state those points of order, nor the decisions upon them; in that it does not state correctly
the motion of Mr. Steinberger, and does not state the points of order raised by Mr. Clayes, nor the decisions upon them; and in that it does not state that on the motion of Mr. Rankin, on the motion of Mr. Steinberger, on the motion to read the bill (C. B. No. 3) the third time, and on the motion that the bill pass, the previous question was on each motion called, preventing and cutting off amendments or debate.
And the undersigned do further state that the following is a true record that should appear on the journal:
After the motion of Mr. Mason to instruct the Committee on Schools, herein before referred to,
Mr. Collier moved to take up the special order of the day.
This motion was not entertained by the Speaker, who stated that the proper motion would be to take up the business on the Speaker's table.
A motion was made to take up the business on the Speaker's table.
Mr. Gwyer moved to take up the Revenue Bill, that being the special order of this day, at 10 o'clock A. M.
Ayes and nays were called, and the motion lost.
Mr. Rankin then moved to take up the unfinished business, and called the previous question.
Mr. Gwyer moved to lay the motion of Mr. Rankin on the table.
C. B. No. 3, "An act to exempt the homestead of families from forcible sale,"
And upon this, questions of order were raised against the action of the Speaker, which were decided by the Speaker against the persons who submitted the questions; on appeal, the decisions of the Speaker were sustained by a majority of the House.
Mr. Gwyer moved to take up the minority report of the special committee, and the bill reported by them, as being the unfinished business.
Questions of order were here submitted against the act of the Speaker in taking up C. B. No. 3, and to sustain Mr. Gwyer's motion.
Mr. Gwyer's motion was not entertained.
The Speaker then laid again on his table the C. B. No.3, and took up the bill reported by the minority of the special committee, to whom was referred the Homestead Bill, as the unfinished business.
The question then arose on filling the blanks in the first section of the bill; on which the ayes and nays were demanded.
(The vote on the filling of the blanks is correctly stated in the Journal.)
The question then arose on the amendment of Mr. Rankin.
Mr. Stewart now moved to lay on the table the whole matter connected with the Homestead Bill, except C. B. No. 3, "An act to exempt the homestead of families from forcible sale." The ayes' and nays were demanded: Ayes—19. Nays-12.
Mr. Collier submitted questions of order Nos. 1 and 2:
1st. The motion of the gentleman from Douglas (Stewart), to lay on the table all except C. B. No. 3, does not leave the C. B. No. 3, before the House, for the reason, that bill was not before the House yesterday, and can not be included with the unfinished business.
2d. There being a special order (the Revenue Bill), that order can not be suspended, and C. B. No. 3 taken up, unless by vote of two-thirds.
The Speaker decided that both points of order were not well taken.
An appeal was then made to the House, and the decision of the Speaker was sustained.
Mr. Steinberger moved to take up C. B. No. 3, and that it be read the third time, and at the same time offered the following amendment:
By inserting after the words " family homestead," the words, "of every free white householder of this Territory, male or female, being an occupant or owner of the premises,"
And called the previous question.
1st. That no amendment is in order until the question is stated by the Chair to be on reading the bill the third time.
2d. That two distinct and independent motions can not be made at the same time and the previous question called, thus confining the action of the House to the two motions cutting off debate.
The Speaker decided both questions of order were not well taken; and an appeal was made to the House, and ayes and nays demanded, and the decision of the Speaker was sustained.
The question then the previous question having been called) was taken up, on the amendment of Steinberger, and the amendment was adopted, by ayes 17, nays 14.
A motion was then made to read the bill a third time, and the previous question called and seconded.
The bill was then read the third time.
Having thus stated particularly our objections to the journal, and stated the proceedings truly as we believe, we do protest against the action of this House, by which we were refused (on yesterday, the 22d) any correction of the journal.
It is due to every member of this House, and to the House collectively, that the journal should state precisely the action of the House, and be a perfect record of its proceedings. The journal of the 21st is not a true record of the proceedings, and presents the undersigned opponents of the homestead bill (the Council Bill No. 3) as tamely and silently permitting that bill to pass without amendment or opposition, other than the mere record of part of the votes taken immediately before and on its passage.
We are therefore compelled to this statement, and respectfully ask and insist upon our just right, to place our statement and protest on the records of the House.
DAVID L. COLLIER,
Mr. Mason moved to refer the statement of Messrs. Collier, Gwyer, Clayes and Clark to a special committee of five.
Mr. Gwyer moved to lay ihat motion on the table.
Mr. Stewart from Committee on Corporations made the following report:
Your committee to whom was referred
H. B. No. 85, “A bill for an act to incorporate the Salt Creek Bridge and Ferry Company,"
Having had the same under consideration beg leave to report the same back with the following amendments and recommend its passage:
Strike out the words,“ have perpetual succession," in section first, and insert at the close of that section the words, “and said corporation shall expire and cease to be possessed of the powers and privileges contained in this act at the expiration of ten years from and after the passage of this act,"
Your committee also report back
H. B. No. 36, “A bill for an act to incorporate the Ionia Town and Ferry Company,"
And recommend its passage with the following amendment, viz; strike out all after the word "regulate” in the third section, and insert the following: “ As govern and regulate the ferry at Sioux eity.”
The same gentlemen also submitted the following report:
C. B. No. 24, “A bill for an act to authorize James Folden and A. S. Folden to build a mill dam across Weeping Water river,”
Having had the same under consideration beg leave to report the same back with the following amendment and recommend its passage: After the word “erect,” in section two, insert the following, “provided that the back water from said dam does not obstruct the crossing of said stream on any public highway.”
Your committee also report back
DAVIS, BRAMBLE, KLINE, RAMSEY.