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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.
The following message from the Council was received;
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, Referred to Committee on Banks and Currency. Mr. Doom on leave, also introduced, H. B. No. 4, "An act to appraise the property of an execution
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.
House met at the usual hour.
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.
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,
The hour to which the House took a recess having arrived,
Mr. Clayes moved the following reference of the Governor's Message, which carried:
All that portion which refers to the Criminal Laws, to the Committee on Judiciary.
That portion which refers to the jurisdiction of justices of the peace, constables and other officers, to the same committee.
That portion having reference to the liabilities of the Territory and the condition of the revenue, to the Committee on Ways and Means.
That portion recommending some action to secure a list of the lands pre-empted at the different land offices, that they might be subjected to taxation, to the same committee.
That portion having reference to the salaries of the Auditor and Treasurer, to the Committee on Accounts and Expenditures.
That portion which refers to banks, to the Committee on Banks and Currency.
That portion recommending the passage of a law limiting suits in the Territory; and also, that portion directing attention to the law regulating the appointment of notaries public and commissioners of deeds; to the Committee on Judiciary.
That portion calling attention to a memorial praying for an appropriation to bridge the Platte river; to the Committee on Internal Improvements.
That portion having reference to a geological survey of the Territory, to the Committee on Federal Relations.
Mr. Marquette, on leave, introduced
H. B. No. 7, "An act entitled an'act to exempt the homesteads of families from forced sale on execution to pay debts."
H. B. No. 8, “An act to revive an act entitled an act relative to the Criminal Laws."
Mr. Rankin moved a reconsideration of the vote, by which the House passed to the regular orders of the day.
C. B. No. 4, " A bill for an act changing the time fixed by law for the convening of the Legislative Assembly," Submitted the following
· MINORITY REPORT. In the matter of the consideration of Council Bill No. 4, “A bill for an act changing the time fixed by law for the convening of the Legislative Assembly," having had the same under consideration, your committee are unable to agree, and the chairman would most respectfully report:
That in view of the fact that grave doubts exist, under the Organic Act, and the instructions of the Secretary of the Treasury of the United States to the Secretary of Nebraska, whether the Secretary of this Territory is authorized to pay the expenses of an extra session of the Legislative Assembly, before the expenses thereof have been estimated for and submitted to the proper department of the general government, for rejection or approval; and for the purpose of relieving the Secretary of the Territory and the Executive Department from embarrassment in the premises, the chairman of your committee most respectfully recommends the passage of said act. And for the further reason, that the chairman of your committee is of the opinion that all needful and necessary laws can be passed within the time as limited by law for the regular session of the Legislative Assembly.
If we are animated by the just and honorable purpose of enacting for the people of this Territory and ourselves, such laws as shall protect both person and property, and afford a speedy and ready redress for injuries and wrongs and ample protection for rights.
And as your chairman is of the opinion that there is no doubt, if this session is made the regular session it relieves the Executive Department of this Territory from embarrassments and difficulties, and protects the Territory against the possibility of having to pay, or becoming liable for the expenses of this session of the Legislative Assemblytherefore, your chairman would most respectfully recommend and urge its passage.
0. P. MASON,
Ch'n Com. on Judiciary.
Mr. Marquette, from same committee, submitted the following
MAJORITY REPORT. The undersigned, a majority of your committee, to which was referred
C. B. No. 4, "A bill for an act changing the time fixed by law for the convening of the Legislative Assembly," having had the same under consideration, beg leave to submit the following report:
The effect of the passage of the bill, in the opinion of a majority of your committee, would be to cut off forty days of legislation which now rightfully belong to the people of this Territory. And judging from the slow progress which has hitherto been made by this House, it might deprive the people of this Territory of some of those laws which they now so much need.
Forty days, to say the least, is a short time to get up and mature an entire new system of laws, and if at the end of that time our work should be unfinished, the passage of this act will leave our Territory suffering from the same evils which we have been called here to remedy.
And your committee see no reason why, at this period of the session, we should
If, towards its close, it is ascertained that we will accomplish at this session all legislation needful to our people, the undersigned of your
pass this bill.