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only unwarranted by any of the provisions of the above entitled acts of Congress, but also not deducible from the instructions of the secretary of the treasury accompanying the report of the Secretary of the Territory.
Your committee have been unable to discover in any of the communications of the secretary of the treasury, any decision in regard to the right claimed, but simply a reference by said Secretary to the said Acts of Congress, upon which your committee have also based their conclusions. It will be seen by reference to the Act of Congress of May 18, 1842, that said act has reference solely to the amount of the appropriations, and not to the object or manner of disposing of the same. The act reads thus: “That the Legislative Assembly of no Territory shall hereafter in any. instance or under any pretext whatever exceed the amount appropriated by Congress for its annual expenses."
It will thus be seen that by no forced constructions, is the Secretary authorized to assume the control of the public printing, or to dictate to the legislative department of the Territory, any appropriations for the Territory, but plainly recognises the right of the Territorial Legislature to make appropriations not exceeding the amount limited by Congress.
Again, it will be seen by reference to the Act of Congress of August 29, 1842 that said act refers merely to the place where the accounts of the Territory shall be audited; secondly, to the manner in which the vouchers and proofs shall be presented; and thirdly, requires that “no payment shall be allowed unless the Secretary of the Treasury shall have estimated therefor, and the object been approved by Congress." The following is the language of the act:
“That all accounts for disbursements in the territories of the United States of all money appropriated by Congress for the support of Government therein shall be settled and adjusted at the Treasury Department; and no act, resolution, or order of the Legislature of any Territory, directing the expenditure of the sum shall be deemed a sufficient authority for such disbursements, but sufficient vouchers and proof for the same shall be required by said accounting officers."
Again, it will be seen by this act as in the act above referred to, that there is an entire absence of any power given the Secretary of the Territory to dictate in the matter of the appropriations, or the objects to which the same is to be applied, but that it is evident from the language of the act, the power over the whole subject of appropriations for the purpose of carrying on the Territorial Government, is given to the legislative department, keeping within the amount limited by Congress. It will also be seen by a reference to the 12th section of the Organic Act, that the provisions therein contained refer merely to the manner of disbursing the appropriations, regarding the Secretary of the Territory as a mere conduit pipe through whose hands the appropriations are to pass, and nowhere recognizing said disbursing officer as possessed of legislative or judicial power. And it will be further seen that said act plainly recognizes the power of the Legislature to state the person who is to perform the work of public printing.
Your committee are further of the opinion that the subject of printing is plainly under the control of the Territorial Legislature, not only by express words of the several acts but by necessary implication, as being one of the incidental powers belonging to the law-making powers, and without which should the Secretary of the Territory at any time refuse to provide for such printing, legislation would be retarded.
In regard to the other subjects included in the Secretary's report, the minority of the committee having reported thereon and the whole committee concurring therein, the majority of your committee make no mention in their majority report.
Your committee recommend the adoption of the following resolution, viz:
Resolved, That the Chief Clerk be instructed to procure two thousand printed copies of the Governor's Message for the use of the House.
Mr. Kline moved to refer the communication of Secretary Morton together with the reports thereon to a committee of the whole House.
The Chair here announced Mr. Roeder as committee of one on translating and printing in the German language, the Governor's Message.
Mr. Seymour moved to instruct the Clerk to procure two hundred printed copies of the Secretary's communication to the House, together with the reports on the same.
On motion of which the ayes and nays were called. Ayes-Messrs. Briggs, Cassell, Davis of Cass, Davis of Washington, Daily, Dean, De Puy, Fleming, Kline, Lee, Marquette, Norwood, Roeder, Seymour, Shields, Stewart, Wattles, Young.--18.
Nays—Messrs. Bramble, Clark, Clayes, Cooper, Doom, Gwyer, Hall, Mason, Noel, Rankin, Steele, Steinberger, Taffe.-13.
Mr. Steele moved, that the House do now go into Committee of the Whole on the Secretary's communication and the reports thereon.
Mr. Stewart moved that the communication and reports be considered in Committee of the Whole on Wednesday next.
Mr. Mason moved that the Secretary of the Territory be requested to furnish this House with two thousand copies of the Governor's Message.
Mr. Steele moved to defer consideration of that question until Wednesday next.
Mr. Collier moved to refer that portion of the Governor's Message relating to the Military Roads to the Committee on Roads, with instructions to report on the work done on the Military Roads within this Territory, including surveys, grading, and bridges, and the manner in which the work has been executed, and what action,
is demanded of this House, respecting the same.
Mr. Bramble moved to amend, by referring to a select committee of three.
Sept. 24, 1858. Mr. Speaker:
I am instructed to inform your honorable body that the Council has passed C. B. No. 4, "A bill for an act changing the time fixed by law for the regular session of the Legislative Assembly," and solicit your early concurrence therein.
S. M. CURREN, Chief Clerk. Mr. Daily moved to adjourn. Lost.
C. B. No. 4, "A bill for an act changing the time fixed by law for the regular session of the Legislative Assembly.
Read for the first time.
Mr. Rankin moved that the rules be suspended, and the bill read second time by title.
Ayes and nays called:
Ayes.-Messrs. Bramble Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Dean, Doom, Fleming, Gwyer, Hall, Lee, Mason, Norwood, Rankin, Roeder, Shields, Steele, Young.–21.
Nayes.-Messrs. Briggs, Daily, Kline, Marquette, Seymour, Steinberger, Stewart, Taffe, Wattles.-9.
On motion of Mr. Steele,
H. B. No. 3, “A bill entitled an act regulating the interest on money". Read first time,
On motion of Mr. Clayes,
H. B. No. 4, “An act to appraise the property of an 'execution defendant.""
Read first time and referred to Committee on Judiciary.
Which was referred to Committee on County Seats and County Boundaries.
On motion of Mr. Rankin,
MONDAY, Sept. 27, 1858.
Mr. Marquette presented a petition in reference to the assessment of taxes in Cass county.
By Mr. Dean, Of a bill for the survey and location of a territorial road from Rulo in Richardson county by way of Falls city and Salem in said county, Pawnee city in Pawnee county, and Blue Springs in Gage county, thence to intersect at the nearest point, the military road running from Fort Leavenworth to Fort Kearny.
By Mr. Stewart, Of a bill to establish the common school system in the Territory of Nebraska.
By Mr. Marquette, Of a bill to provide for the appointment of a clerk for the district court in each county respectively.
By Mr. Bramble,
By Mr. Briggs,
Of a' bill entitled an act to create a lien in favor of mechanics and others in certain cases.
By Mr. Shields,
By Mr. Kline, Of a bill for the purpose of providing for a prosecuting attorney in each county.
Mr. Gwyer offered the following resolution:
Resolved, That each member of the House be privileged to select eight territorial newspapers at his option for his own use during the session to be paid for by the secretary of the treasury, and if the Secretary declines to pay for them, that the bills be paid by the Auditor of the Territory.
Resolved, That the Committee on Roads be instructed to report, at as early a day as practicable, upon the state of completion; the character of the work done; the manner of the expenditure of moneys, and any other information in their possession, relative to the wagon road from the Platte river to the L'eau qui Court.
Resolved, That no member of this House be allowed to speak more than ten minutes at any one time; and when by the rules he has the floor the second time on the same question, he be allowed to speak but five minutes. Lost.
On motion of Mr. Clark, The House proceeded to business on the Speaker's table and regular orders of the day.
Mr. Gwyer, on leave, introduced
Question recurring on motion to refer to Committee on Ways and
On motion of Mr. Clayes,