committee, so far as they have now considered the question, would cheerfully vote for the passage of such a bill. But at the present time they feel in duty bound to report the same back to the House, and recommend that it do not now pass.

Mr. De Puy moved to refer the bill, together with the reports thereon, to a committee of the whole House, on Wednesday next, at ten o'clock A. M.

Lost.

Mr. Clayes moved that the House do now go into Committee of the Whole on the bill, together with the reports thereon.

Carried.

The House then went into Committee of the Whole,
Mr. Clayes in the Chair.

The House having resumed business,

Mr. Clayes, from the Committee of the Whole, reported, that the committee had risen, having come to no conclusion on the matter before them.

The House adjourned at one and a half o'clock P. M.

House met at the usual hour.

Prayer by the Chaplain.

Journal read and approved.

TUESDAY, September 28th, 1858.

Mr. Daily offered the following resolution, which was adopted:

Resolved, That the Secretary of the Territory be respectfully re quested to furnish this House, as soon as practicable, with an estimate of the probable expenses attending a legislative session of forty days, specifying the items.

Mr. Stewart, on leave, introduced

H. B. No. 9, "A bill to establish the common school system in the Territory of Nebraska;" which,

On motion,

Was referred to Committee on Common Schools.

Mr. Rankin moved to refer that part of the Governor's Message which relates to the death of the late Secretary, T. B. Cuming, to a select committee of three.

Carried.

Committee-Messrs. Rankin, Collier, Marquette.

The following notices of bills were given:

By Mr. Marquette,

Of a bill to change and redefine the boundaries of Calhoun county. By Mr. Seymour,

Of an act entitled an act for a homestead exemption.

By Mr. Briggs,

Of a joint resolution and memorial praying Congress to so amend the Organic Law as to enable the people of this Terrritory to elect their own Governor, Secretary, and Judges of the Supreme Court. By Mr. Davis of Cass,

Of a bill to change the time of holding elections.

By Mr. Taffe,

Of a bill regulating the filing of informations.

By Mr. Roeder,

Of a bill entitled an act to organize Cuming county.

Mr. Briggs, on leave, introduced

H. B. No. 10, "An act to create a lien in favor of mechanics and others in certain cases."

On motion,

Referred to Committee on Judiciary.

Mr. Bramble, on leave, introduced

H. B. No. 11, "An act in relation to new counties."

On motion,

Referred to Committee on County Seats and County Boundaries.

On motion of Mr. Marquette,

The House proceeded to dispose of business on the Speaker's table, and the general orders of the day.

Mr. Rankin moved, that the House now resolve itself into a Committee of the Whole, on

C. B. No. 4, "A bill for an act changing the time fixed by law for the regular session of the Legislative Assembly.

Carried, and

The House went into Committee of the Whole,

Mr. Clayes in the Chair.

The House having resumed business,

Mr. Clayes from Committee of the Whole, reported the bill back without recommendation.

On motion,

The report was received.

Mr. Davis of Cass, offered as an amendment to Council Bill No. 4, A bill entitled as follows: An act to change the time of convening the Legislative Assembly.

On the motion to adopt, the ayes and nays were called-result as follows:

Ayes-Messrs. Bramble, Cassell, Clark, Clayes, Davis of Cass, Dean,

De Puy, Gwyer, Hall, Lee, Mason, Noel, Rankin, Roeder, Shield, Steele, Steinberger, Young.-18.

Nays-Messrs. Briggs, Cooper, Davis of Washington, Daily, Doom, Fleming, Kline, Marquette, Norwood, Seymour, Stewart, Taffe, Wattles.-13.

Carried.

Mr. Davis of Washington, now moved to indefinitely postpone the bill.

Ayes and nays called:

Ayes-Messrs. Briggs, Davis of Washington, Daily, Doom, De Puy, Kline, Marquette, Seymour, Stewart, Taffe, Wattles.-11.

Nays-Messrs. Bramble, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Dean, Fleming, Gwyer, Hall, Lee, Mason, Noel, Norwood, Rankin, Roeder, Shields, Steele, Steinberger, Young.-21.

Lost.

Mr. Clayes moved that the bill as amended be now read a third time and put on its passage.

Carried.

The bill was read third time, and the ayes and nays called on its passage:

Ayes-Messrs. Bramble, Cassell, Clark, Clayes, Cooper, Davis of Cass, Dean, Fleming, Gwyer, Hall, Lee, Mason, Noel, Rankin, Roeder, Shields, Steele, Steinberger, Young.-19.

Nays-Messrs. Briggs, Collier, Davis of Washington, Daily, Doom, De Puy, Kline, Marquette, Norwood, Seymour, Stewart, Taffe, Wattles.-13.

Carried.

Bill passed and title agreed to.

Mr. Clayes moved to reconsider, and to lay that motion on the table. Lost.

H. B. No. 1,

"A bill for an act to exempt the homestead of families

from execution,"

Was now taken up, read second time, and referred to Committee on Judiciary.

H. B. No. 2, "A bill for a homestead exemption act,"

Was now taken up, read second time, and referred to Committee on Judiciary.

Mr. Mason asked leave of absence for two days, which was granted. On motion of Mr. Cooper,

The House took a recess until two and a half o'clock P. M.

2 o'clock P. M.

The House having resumed business, the following message from the Council was received:

Mr. Speaker:

COUNCIL CHAMBER,

Sept. 28, 1858. S

}

I am directed by the Council to return the message from the House, and the accompanying bill relative to changing the time of convening the Legislative Assembly, on account of informality.

I have also to inform your honorable body that the Council has passed

C. B. No. 7, "A bill for an act to incorporate the Grand Lodge of the Independent Order of Odd Fellows of Nebraska;" and

C. B. No. 12, "A bill for an act for the relief of Margaretta Cuming."

And the concurrence of the House is requested.

On motion of Mr. Rankin,

S. M. CURRAN, Chief Clerk.

The business on the Speaker's table was now taken up.

C. B. No. 7, "A bill for an act to incorporate the Grand Lodge of the Independent Order of Odd Fellows of Nebraska."

Read first time.

C. B. No. 12, "A bill for an act for the relief of Margaretta Cuming."

Read first time.

Mr. Clayes moved to reconsider the vote by which the House passed C. B. No. 4, "A bill for an act changing the time fixed by law for the convening of the Legislative Assembly."

Ayes and nays called:

Ayes.-Messrs. Bramble, Cassell, Clark, Clayes, Collier, Cooper, Dean, Fleming, Gwyer, Hall, Lee, Mason, Rankin, Shields, Steele, Steinberger.-16.

Nays.-Messrs. Briggs, Davis of Cass, Davis of Washington, Daily, De Puy, Kline, Marquette, Noel, Norwood, Roeder, Seymour, Stewart, Taffe, Wattles, Young.-15.

The Chair decided the motion

Carried.

When Mr. Steinberger took an appeal from the decision, claiming that under Rule 67-a two third vote was required.

Question had on sustaining the Chair, and

Lost.

Mr. Clark moved to adjourn.

Lost.

Mr. Clayes moved that the Clerk be instructed to make the necessary corrections to C. B. No. 4, "A bill for an act to change the time of

convening the Legislative Assembly," in order that the bill might go to the Council with the amendment as intended by the mover of the

same.

The Chair deciding that it was the duty of the clerk to make such correction, without special instruction from the House.

The motion to instruct was withdrawn.

Mr. Collier on leave introduced,

H. B. No. 12, "A bill to authorize certain officers to administer oaths and affirmations."

Which was read for the first time.

On motion of Mr. Rankin,

The rules were suspended and the bill read second and third time by title and put on its passage, on which

The ayes and nays were called:

Ayes.-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Doom, De Puy, Fleming, Gwyer, Hall, Kline, Lee, Marquette, Noel, Rankin, Roeder, Seymour, Shields, Steele, Steinberger, Stewart, Taffe, Wattles, Young.-30.

Nays.-00

Carried.

Bill passed and title agreed to

Mr. Fleming moved to adjourn.

Carried.

And the House adjourned at four o'clock P. M.

WEDNESDAY, September 29, 1858.

The House met at the usual hour.

Prayer by the Chaplain.

Journal read and approved.

Mr. Daily offered the following resolution:

Resolved, That the Secretary of the Territory be respectfully requested to furnish this House with a full copy of the correspondence between the Secretary and the Department, concerning the printing of the Legislative Assembly, and the payment of the expenses of this Legislature, as well as the regular session, to be held by law, on the first Monday in January, 1859.

Laid over under rule.

Mr. Gwyer, on leave, introduced

H. B. No. 13, "An act to authorize citizens to view the public records." Which was read first and second time, and referred to Committee on Judiciary.