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"A bill for the repeal of certain bank charters,"
Mr. Noel, from Committee on Engrossing and Enrolling Bills, reported
House Bills Nos. 105, 71, 84 and 78,
H. B. No. 74, “A bill for an act to relocate the seat of justice of Washington county,"
Submitted the following majority report:
H. B. No. 74, "An act to relocate the seat of justice of Washington county,"
Together with the petitions and affidavits concerning the same, have had the same under consideration, and a majority of your committee 'report back the bill and recommend its passage, with a provision incorporated in the bill, giving to the people of Washington county the privilege of holding a special election, on a petition of the majority of the legal voters of said county, at any time within fifteen days after such petition.
It is with much reluctance that your committee recommend legislative interference in local affairs, but in this case the present county seat has been fixed by the Legislature, where your committee think, from the petitions, affidavits, &c., a majority of the people do not wish it, and by the change which the bill proposes, we think from the evidence before us, is in accordance with the popular will, still your committee confess that it is not without doubt that they arrive at this conclusion.
WM, C. FLEMING,
Committee. Mr. Rankin, from minority of same committee, reported verbally, recommending that the whole subject matter be postponed until Wednesday next.
Mr. Young moved to adopt the majority report.
Mr. Wattles gave notice of a bill to establish a ferry across the Platte river, at or near the mouth of Salt creek.
Mr. Clayes moved to adjourn.
Mr. Noel, from Committee on Engrossing and Enrolling Bills, reported
H. B. No. 6, “A bill to provide for the valuation and assessment of the real and personal property, and for the levying of taxes in the Territory of Nebraska,"
As correctly engrossed.
C. B. No. 105, "A bill for an act to restrain cattle, sheep, horses and swine from running at large in the counties of Platte and Monroe,”
Reported the same back with sundry amendments, and recommended its passage.
H. B. No. 6, "A bill for an act to provide for the valuation and assessment of the real and personal property, and for the levying and collection of taxes in the Territory of Nebraska,"
Was now read third time by title.
Mr. Gwyer asked that this protest against a portion of section thirty one of the bill might be entered at large upon the journals, which being denied, he asked to be excused from voting on its passage.
Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Collier, Davis of Cass, Davis of Washington, Daily, Dean, Doom, De Puy, Fleming, Lee, Marquette, Mason, Noel, Ramsey, Rankin, Seymour, Shields, Steele, Steinberger, Stewart, Wattles, Young:
.-25. Nays-Messrs. Cooper, Kline, Taffe.-3.
Your Committee on Judiciary, having had under consideration that portion of the Governor's message relating to a Criminal and Civil Code for the Territory of Nebraska, and for the purpose of providing for juries to carry into effect the Civil and Criminal Law, beg leave to submit the accompanying bill: "A bill for an act respecting juries,”
And recommend its passage.
Your committee would suggest, that there is a necessity for the immediate action of the House upon this bill, as the necessities of the country and people imperatively demand that some action be taken to provide a jury law.
MASON, STEELE, COLLIER, STEWART,
MARQUETTE. Accompanying the above report came H. B. No. 113, “A bill for an act respecting juries,”
Which was read first, second and third time, passed and title agreed to.
H. B. No. 74, “A bill for an act to re-locate the seat of justice of Washington county,"
Was now resumed on the motion to adopt the majority report on the same,
SATURDAY, October 30, 1858. House met at the usual hour. Journal read and approved.
The following communication from Hon. J. Sterling Morton, Secretary of the Territory, was received:
SECRETARY'S OFFICE, Omaha City,
October 28, 1858. Gentlemen of the House of Representatives:
At the instance of several of the members of your honorable body, I have the honor to transmit here with, for your consideration, the letter of Hon. Wm. Medill, in relation to your per diem, fc.:
Oct. 18, 1858. * * If the convened session, which met on the 4th instant, shall adjourn at the end of forty days from the commencement of the called or extraordinary session, thus constituting the two one continued session of that number of days, the entire per diem and mileage may be paid to the members and per diem to the officers; but if the session which convened on the 4th instant shall, of itself, tinue forty days in addition to the thirteen occupied by that which was called by the Governor, then you will pay the per diem and mileage of the regular or convened session only, and take no notice of the extraordinary session, leaving their compensation for the determination of Congress.
It is stated in the dispatch to you, that “no constructive mileage can be recognized,” and this is considered but just as the Assembly at the extra session stood adjourned on the 3d, to meet on the 4th of October, instant, with the same officers of the Council and House, and, indeed, had any election been held on the 4th for a new set of officers, I apprehend the department could not have allowed "constructive mileage without an act of Congress authorizing it to be paid.
Very respectfully, yours,
The above is the latest instruction that I have from the department upon this subject, and it will therefore control me.
I am, gentlemen,
Your obedient servant, (Signed), J. STERLING MORTON,
Secretary of Nebraska.
Mr. Wasson, on leave, introduced
H. B. No. 114, "An act to amend an act to incorporate the city of Wyoming."
On motion of Mr. Wasson, The rules were suspended, and the bill read first, second and third time, passed and title agreed to.
Mr. Briggs, on leave, introduced
H. B. No. 115, “A bill for an act relative to the privilege of the members of the Legislative Assembly,"
Read first and second time, and referred to Committee on Judiciary.
Mr. Rankin presented the affidavit of A. S. Paddock, relative to the removal of the county seat of Washington county.
Mr. Mason, from Committee on Judicary, reported
C. B. No. 107, “A bíll for an act to require justices of the peace to give bonds before entering upon the discharge of their official duties.” With amendments, and recommended its passage, as amended.
Also, C. B. No. 90, "A bill for an act to confirm the title of Francis Barker to certain real estate in the city af Omaha,” Without amendment, and recommended its passage.
Also, C. B. No. 104, "A bill for an act to fix the times of holding the district courts in the second judicial district,"
Also, H. B. No. 79, "An act regulating the disposal of unclaimed property in certain cases,"
H. B. No. 100, "A bill for an act to establish and keep a ferry on the Platte river, at Fort Kearney,"
Reported the same back with an amendment, and recommended its passage.
Mr. Gwyer, from Committee on Library, to which was referred
H. B. No. 99, “A bill for an act to prevent the taking away of books, laws, records and other documents from the Territorial Library,"
Reported the same beck to the House, with amendments, and recommended its passage.
Mr. Kline, from special committee, to which was referred
Rockport, to Fort Calhoun,"
Reported the same back without amendment, and recommended its passage.
The following message from the Council was received:
Oct. 30, 1858. Mr. Speaker:
I am instructed to inform your honorable body that the Council has passed the following named bills, to wit:
C. B. No. 92, “A bill for an act to legalize the assessment of taxes in the Territory of Nebraska, and to amend the revenue law,"
C. B. No. 134, “ A bill for an act to authorize the appointment of county commissioners in Platte county,"
C. B. No. 129, “ A bill for an act to amend an act entitled an act to locate a territorial road from Plattsmouth to New Fort Kearney, via the cities of Parallel and Salina,"
C. B. No. 126, “ A bill for an act to authorize Charles Martin and others to establish and keep a ferry at Rulo, Richardson county," and
C. B. No. 25, "A bill for an act to authorize justices of the peace to administer oaths, and to regulate their fees,"
And the concurrence of the House is respectfully requested.
I have also to inform you, that the Council has concurred in the amendments of the House to the following bills:
C. B. No. 67, "A bill for an act to incorporate the Nemaha Valley Insurance Company,” and
C. B. No. 75, "An act to authorize H. C. Crawford, A. A. Patridge and others to keep a ferry across the Missouri river."
S. M. CURRAN, Chief Clerk. Mr. Gwyer, on leave, introduced
H. B. No. 116, “An act to authorize the Treasurer of the Territory to purchase a safe for territorial purposes,"
Read first and second time, and referred to Committee on Accounts and Expenditures, with instructions to report on Monday morning.
Mr. Davis of Washington, from Committee on County Seats and County Boundaries, to which was referred
H. B. No. 107, "A bill for an act to establish the county of Butler, and locate the county seat thereof,"
Reported the same back with a substitute therefor, and recommended the passage of the substitute.
Mr. Hall, from special committee, to which were referred
C. B. No. 36, “A bill for an act to remunerate code commissioners for services rendered," and
H. B. No. 98, "A bill for an act to compensate B. B. Thompson, L. Richardson, Wm. Dendy and S. F. Burtch, for services as clerks of code commissioners,"
Reported the same back without amendment.