Mr. Daily moved the previous question, which was seconded by a majority and the main question ordered.

On which the ayes and nays were called:

Ayes-Messrs. Briggs, Cassell, Davis of Cass, Davis of Washington, Daily, Doom, De Puy, Kline, Lee, Marquette, Noel, Norwood, Roeder, Seymour, Stewart, Taffe, Wattles, Young.-18.

Nays-Messrs. Bramble, Clark, Clayes, Collier, Cooper, Dean, Fleming, Gwyer, Hall, Mason, Rankin, Shields, Steele, Steinberger.-14.

Carried.

Mr. Lee moved that the Clerk be instructed to be governed by the instructions of the Secretary of the Territory in regard to the place of procuring the printing.

On which the ayes and nays were called:

Ayes-Messrs. Bramble, Clark, Clayes, Collier, Dean, Doom, Fleming, Gwyer, Hall, Lee, Mason, Noel, Rankin, Roeder, Shields, Steele, Steinberger.-17.

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

I am instructed to inform your honorable body that the Council has passed

C. B. No. 2, "A bill for an act to license the sale of malt, spiritous and vinous liquors in the Territory of Nebraska."

Also,

C. B. No. 29, "A bill for an act to incorporate the Otoe County Horticultural Society."

Also,

C. B. No., 14, "A bill for an act to legalize the acts of William Pilgrim, late Register of Deeds in and for the county of Dakota."

And the concurrence of the House is respectfully requested.

I have also to inform you that the Council has appointed Messrs. Crawford and Furnas a committee of two on the part of the Council to confer with a committee of three on the part of the House in relation to the disagreement on C. B. No. 4.

S. M. CURRAN, Chief Clerk.

Mr. Clayes now moved to reconsider the last vote and to lay that motion on the table.

Carried.

The resolution introduced on yesterday in relation to the eligibility of a member of this House,

Was now taken up.

Mr. Gwyer moved to reject the resolution.

Mr. Kline moved to refer the subject matter to the Committee on Privileges and Elections.

Mr. Clayes moved to postpone further consideration of the matter until the fourth day of July next,

On which the ayes and nays were called :

Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Dean, Doom, Fleming, Gwyer, Hall, Lee, Mason, Noel, Norwood, Seymour, Roeder, Shields, Steele, Steinberger, Taffe, Young.-25.

Nays-Messrs. Daily, De Puy, Kline, Marquette, Rankin, Stewart, Wattles.-7.

Carried.

The following communication from Honorable Secretary Morton was received:

Gentlemen of the House of Representatives:

SECRETARY'S OFFICE,

Oct. 1, 1858.

I have most respectfully to inform your honorable body, that all correspondence between myself and the Treasury Department, in which you can have any direct interest, has already been placed before you.

In reply to your request for an estimate of the expenditures of a Legislative session of forty days, I have to state, that I am unable to make one with any certainty before the presentation of the bills. I respectfully suggest, however, that the estimate made by the honorable Secretary of the Treasury of the United States, which is twenty thousand dollars, is probably very nearly correct. The fact that every session of the Legislature preceding the present one, has cost the general government either twenty thousand dollars or more, leads me to put great confidence in the estimate of the honorable Secretary of the Treasury.

Very respectfully Yours,

J. STERLING MORTON,

Secretary of Nebraska.

Mr. Clays moved to refer the communication to Judiciary Committee.
On which the ayes and nays were called.

Ayes-Messrs. Bramble, Clark, Clayes, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Doom, Fleming, Gwyer, Hall, Marquette, Mason, Noel, Norwood, Rankin, Roeder, Seymour, Shields, Steinberger.-21.

Nays-Messrs. Briggs, Cassell, Collier, De Puy, Kline, Lee, Steele, Stewart, Taffe, Wattles, Young.-11.

Carried.

Mr. Cooper moved to reconsider.

Mr. Steinberger moved to lay the motion to reconsider on the table. Carried.

C. B. No. 2, "A bill for an act to license and regulate the sale of malt, spiritous and vinous liquors in the Territory of Nebraska,"

Was read first and second time, and ordered to be printed.

Mr. Clayes moved that a committee of three be appointed to confer with a similar committee from the council in reference to the disagreement concerning

C. B. No. 4, "A bill for an act changing the time fixed by law for convening the legislative assembly."

Carried.

Committee-Messrs. Briggs, Gwyer and Young.

C. B. No. 29, "A bill for an act to incorporate the Otoe county Horticultural Society."

Was read first and second time, and referred to Committee on Agriculture.

C. B. No. 14, "An act to legalize the acts of William Pilgrim, late register of deeds in and for Dakota county."

Was read first and second time and referred to a select committee of three, consisting of Messrs. Taffe, Bramble and Kline.

Mr. Gwyer moved that the Judiciary Committee be instructed to report on the various "Homestead bills," committed to them.

Lost.

Mr. De Puy asked leave of absence for one day, which was granted. Mr. Shields, obtained leave of absence for one day.

Mr. Davis of Washington moved to adjourn.

Carried.

And the House adjourned at 12 o'clock, P. M.

SATURDAY, October 2, 1858.

House met at the usual hour.

Prayer by the Chaplain.

Journal read and approved.

Mr. Norwood obtained leave of absence.

Mr. Gwyer offered the following resolution:

Resolved, That it shall be the rule of the House during the session, that the ayes and nays shall be called on the final passage of all bills, acts, memorials and joint resolutions.

Laid over under rule.

Mr. Steinberger gave notice of a bill for the restriction of banks in the territory.

Mr. Taffe offered the following resolution:

Resolved, That a committee of three be appointed to wait upon the

Secretary and enquire whether or not it is his intention to pay the members of the Legislature their per diem and mileage for the special session, provided the regular session should commence upon the fifth instant, and further, whether if the regular session should not commence until the time now fixed by law, he will pay for said special session.

On motion,

The resolution was adopted.

The Chair appointed on said committee, Messrs. Taffe, Rankin and Davis of Washington.

Mr. De Puy presented a petition in reference to the bridge across the Elkhorn river,

Which was referred to Committee on Roads.

Mr. Daily presented a petition in reference to a road in Nemaha county,

Which was referred to Committee on Roads, with instructions to report a bill in accordance therewith.

Mr. Mason, from Committee on Judiciary, reported

C. B. No. 8, "A bill for an act to establish a Criminal Code for the Territory of Nebraska," with sundry amendments thereto.

Which, on motion, were adopted.

The following message from the Council was received:

I am instructed to inform your honorable body that the Council has passed

C. B. No. 38, “A bill for an act changing the time for convening the Legislative Assembly of the Territory of Nebraska, and other purposes."

And the concurrence of the House is requested.

Also, the following:

Mr. Speaker:

S. M. CURRAN, Chief Clerk.

COUNCIL CHAMBER,
Oct. 2, 1858.

}

I am instructed to inform your honorable body that the Council has passed

C. B. No. 34, "Joint memorial and resolution relative to a homestead."

Also,

C. B. No. 15, "An act providing for the appointment of deputies." Also,

C. B. No. 18, "An act authorizing private persons to sue out writs of quo warranto and mandamus."

Also,

C. B. No. 39, "An act to authorize Richard Kimball and Richard

Hogaboom to establish and keep a ferry across the Platte river at Larimer city."

Also,

C. B. No. 10, "A bill for an act concerning county prisons in Nebraska."

And the concurrence of the House is requested.

S. M. CURRAN, Chief Clerk.

C. B. No. 10, "A bill for an act concerning prisons in Nebraska," Was read first and second time, and referred to Committee on Public Buildings and Grounds.

C. B. No. 15, A bill providing for the appoinment of deputies,"

Was read first and second time, and referred to Committee on Militia.

C. B. No. 18, "An act authorizing private persons to sue out writs of quo warranto and mandamus,"

Was read first and second time and referred to Committee on Judiciary.

C. B. No. 39, "An act authorizing Richard Kimball and Richard Hogaboom to establish and keep a ferry across the Platte river at Larimer city,"

Read first and second time and referred to Committee on Incorporations.

C. B. No. 34, "Joint memorial and resolution relative to a homestead,"

Read first and second time and referred to Commmittee on Judiciary.

Mr. Noel, from Committee on Engrossed and Enrolled Bills, reported H. B. No. 10, "An act to create a lien in favor of mechanics and others in certain cases," as correctly engrossed.

Mr. Briggs, from Joint Committee of Conference, submitted the following report:

Your Committee of Conference, appointed on the part of the Council and House of Representatives, having had under consideration C. B. No. 4, "A bill for an act changing the time fixed by law for convening the Legislative Assembly," beg leave to submit as a substitute for the the same, C. B. No. 38, "A bill for an act changing the time for convening the Legislative Assembly of the Territory of Nebraska, and other puposes," and unanimously recommend its passage.

R. W. FURNAS,

W. G. CRAWFORD,
CLINTON BRIGGS,
WM. J. YOUNG,

WM. A. GWYER.

On motion of Mr. Rankin,

The report of the committee was accepted.

Mr. Rankin moved that the subject matter of the report be indefinitely postponed.