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part, is apparently of a character sufficiently important to bring the session within the meaning of the term “extraordinary,” as expressed in the law, he does not so regard it. On the contrary, he makes it the

regular session, convened in advance of the time fixed by law." Should the Assembly so esteem it, and find time within the limits prescribed by law, namely, forty days, to transact also the business that would occupy them during the "regular" session, it is in their power to legalize it. It is plain the mero proclamation can not. The law, however, makes this restriction: The expenses must not exceed the amount appropriated.

That amount for the fiscal year ending 30th June, 1859, is $20,000, of which a portion has been already advanced you.

If, therefore, the Assembly refuses to legalize the coming session, the restriction indicated is an obstacle that can not be overcome; and the average annual expense of that body makes it plain that, without a more economical management than has characterized former

years, the expenses of an extra session may be incurred without the means to

pay them.

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Relative to postage, the usual arrangements have been made, and this office will be responsible for postage of members during the session, provided it be legalized or regularized as specified in the letter above.

Respectfully, &c.,
J. STERLING MORTON,

Secretary of Nebraska.

Mr. Rankin moved that the communication be referred to a Select Committee of Five.

Carried.

Committee-Messrs. Rankin, Taffe, Stewart, Briggs, Hall.
The following notices of bills were given:

By Mr. Gwyer,
Of a bill to provide for the collection of a revenue.

By Mr. Noel,
Of a bill to restrain and prohibit gaming,

By Mr. Davis of Washington,
Of a bill to revive the Criminal Code of 1856.

By Mr. Gwyer,
Of a bill entitled a Homestead Act.

On motion of Mr. Young, The resolution relative to printing the Governor's Message was taken up.

On motion of Mr. Fleming, The resolution was referred to the Select Committee to which was referred the communication from Hon. Secretary Morton.

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The following notices of bills were given:

By Mr. Doom,
Of a bill for a valuation and appraisement law.

By Mr. Clark,
Of a bill for the regulation of dram shops and dram shop keepers.
The Governor's Message was now taken up, and

On motion of Mr. Clayes,
Was postponed until to-morrow.
The following notices of bills were given:

By Mr. Mason,
Of a bill to repeal an act entitled, an act to repeal certain acts of
the Legislative Assembly, passed the first session of the Legislative
Assembly, passed at the third session, A. D. 1857.

By Mr. Kline,
Of a bill to repeal the Attachment Law.

By Mr. Rankin, Of a Memorial praying Congress for an additional appropriation of moneys for the completion of the wagon road leading from the Platte river to the L'eau qui Court.

Also, Of a memorial for the appropriation of a sum of money to build a Territorial Penitentiary.

By Mr. Davis of Cass, Of à bill by which a majority of legal voters of any county, can remove the seat of justice.

By Mr. Marquette,
Of a bill entitled, an act to prevent the burning of prairies.

By Mr. Doom,
Of a bill regulating and establishing a legal rate of interest on money.

By Mr. Kline,
Of á bill to define the boundaries of Washington county.

By Mr. Steele,
Of a bill regulating the foreclosure of mortgages.

By Mr. Gwyer, Of a bill authorizing all persons interested to view and examine the public records.

By Mr. Noel, Of a bill for the stay of execution on judgments obtained in the several courts in the Territory.

By Mr. Clark, Of a bill for the establishment of the county line between Nemaha and Otoe counties.

Mr. Steele moved that four hundred copies of the list of Standing Committees be printed.

Mr. Young moved to amend, by instructing the Clerk to procure the printing of the same.

Mr. Rankin' moved to amend, by instructing the Secretary of the Territory to procure the printing.

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Mr. Steele now moved to refer the whole subject matter to the Select Committee on the “ Secretary's communication."

Lost.

Mr. Rankin moved to postpone until tomorrow morning at nine o'clock.

Lost.
Question had on Mr. Rankin's motion to amend.
Lost.
Mr. Clark now moved to lay on the table.
Ayes and nays called:

Ayes—Messrs. Bramble, Clark, Clayes, Fleming, Gwyer, Hall, Rankin, Steele.--8.

Nays-Messrs. Briggs, Cassell, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Doom, De Puy, Kline, Lee, Marquette, Mason, Noel, Roeder, Seymour, Shields, Stewart, Taffe, Wattles, Young.–22.

Lost.
Mr. Rankin moved to refer to Committee on Judiciary.
Overruled.

Mr. Clayes moved to amend the amendment by instructing the Clerk to consult with the Secretary.

Lost.
Mr. Bramble moved to adjourn.
Lost.
Question now had on the motion to amend made by Mr. Young.
Ayes and nays called:

Ayes-Messrs. Briggs, Cassell, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Doom, De Puy, Kline, Lee, Marquette, Mason, Noel, Rankin, Roeder, Seymour, Shields, Steele, Stewart, Taffe, Wattles, Young.-24.

Nays—Messrs. Bramble, Clark, Clayes, Fleming, Gwyer, Hall.—6.
Carried.
Mr. Rankin moved to reconsider the last vote.
Lost.
Mr. Davis of Washington moved to adjourn.
Lost.
Question now had on original motion as amended.
Carried.
Mr. Clark moved to adjourn.
Lost.
Mr. Doom gave notice of a bill for an Apportionment Law.

Also,
A bill to license venders of spirituous liquors.

Mr. Fleming gave notice of a bill for the relocation of the county seat of Richardson county, by a direct vote of the people.

On motion of Mr. Stewart, The House adjourned.

FRIDAY, September 24th, 1858.
House met at the usual hour.
Journal read and approved.
The Speaker, on leave, presented a petition, which,

On motion,
Was referred to Committee on Incorporations.
Mr. Roeder offered the following resolution:

Resolved, That five hundred copies of the Governor's Message be printed in the German language, and that the translating and printing be done under the direction of a member of this House, to be appointed by the Chair.

On motion, The resolution was adopted. Mr. Fleming offered the following resolution: Resolved, That when this House adjourns, it adjourn to meet on Monday next, at nine o'clock A, M.

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Lost.
Mr. Fleming moved to reconsider.
Call of the House ordered.

Absent-Messrs. Rankin and Mason.

On motion, Further proceedings under call dispensed with. Question had on motion to reconsider. Carried. Question again had on resolution relative to adjournment. Carried. Mr. Young moved, that all editors of territorial newspapers be admitted to seats within the bar of the House, as reporters for their respective papers.

Mr. Steele moved to amend, by including all ex-members of the Council and House of Representatives of this Territory.

On motion of Mr. Cooper,
The motion to amend was laid on the table.
Question recurring on the original motion.
Carried.

The following notices of bills were given:

By Mr. Steinberger, Of a bill asking for a territorial appropriation for repairing the military road, at the crossing of the Elkhorn river.

By Mr. Noel,

Of a bill authorizing the formation of companies for the detection of horse thieves and other felons, and defining their powers.

By Mr. Marquette,
Of a bill regulating the vending of spirituous liquors.

Also,
A bill to regulate the fees of county and other officers.

By Mr. Doom,
Of à bill entitled an Apportionment Law.

Also, A bill to exempt the homestead of families from forced sale on execution to pay debts.

Mr. Steele, on leave, introduced

H. B. No. 1, “A bill for an act to exempt the homestead of families from execution."

Read first time.
Mr. Gwyer, on leave, introduced
H. B. No. 2, “A homestead exemption act.”
Read first time.

On motion of Mr. Steinberger,
Fifty copies each of the above bills were ordered printed.

Mr. Rankin, chairman of select comunittee, to which was referred Secretary Morton's communication, in reference to public printing and other matters, submitted the following

MINORITY REPORT. The committee to which was referred "information relative to disbursements of moneys for public printing, newspapers for members and postage,” submitted to the House by the Honorable Secretary of the Territory, beg leave respectfully to present the following report:

The questions raised by the information are of the most important character. They concern the relations of the co-ordinate branches of government, and the extent and limit of the powers, rights and duties of each. They belong to the class of important questions, which the working of our government, modeled as it is after the federal constitution—that wise and delicate adjustment of checks and balances of power must constantly evolve. Your committee are called upon to say, in their opinion, where the power of the Secretary ends and that of the House begins; and the determination of that question may likely become a precedent, by which our successors in these seats and these duties will govern themselves. Your committee have looked upon the question thus raised as of very grave character.

They have, therefore, approached the consideration of the matter with calmness and a desire to discover the law. The case is too important to be affected by any temporary feeling or party passion. Questions of this nature always appeal more or less to such feelings and passions. The Legislature on the one hand is jealous of its power and rights, and resents the slightest approaches of executive interference. The executive, on the other hand, is jealous of its power and

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