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The House went into Committee of the Whole, Mr. Davis in the chair.

While in Committee of the Whole, the Speaker took the chair in order to receive the following message from the Council:

COUNCIL CHAMBER,

A. 5, 1858.}

Mr. Speaker:

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

C. B. No. 58, " An act to remunerate Wm. S. Walker for copying the Criminal Code,'"

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And the concurrence of the House is requested.

The House having resumed business,

S. M. CURRAN, Chief Clerk.

Mr. Davis of Washington, from the Committee of the Whole, reported back to the House H. B. No. 20, "A bill for an act regulating ferries," and recommended that it be referred to a select committee of five, and that Mr. Fleming be chairman of said committee.

On motion,

The report was adopted, and

The Chair appointed as such committee, Messrs. Fleming, Mason, Rankin, Taffe and Daily.

Mr. Collier moved that Mr. Fleming be declared elected Speaker pro tem., during the absence of the Speaker.

Carried.

C. B. No. 58, "An act to remunerate Wm. S. Walker for copying the 'Criminal Code,'

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Was read a first and second time, and referred to Committee on Ways and Means.

On motion of Mr. Mason,

The House now adjourned at 12 o'clock M.

SATURDAY, October 9, 1858.

House met at the usual hour.

Prayer by the Chaplain.

Journal read and approved.
Mr. Hall, on leave, introduced,

H. B. No. 29, "An act to provide for the erection of a court house and jail in the county of Otoe,"

Which was read a first and second time, and referred to a select Committee of Three,

Consisting of Messrs. Hall, Lee, and Wasson.

Mr. Shields gave notice of a bill to locate and establish a territorial road from Bellevue to Forrest city.

Also,

Of a bill to locate and establish a road from Bellevue to Elkhorn city. Mr. Steinberger, on leave, introduced,

H. B. No. 30, "An act to repeal certain acts of the Legislative Assembly."

Which was read a first and second time and referred to Committee on Banks and Currency.

Mr. Steinberger presented a memorial from the citizens of Platte and Monroe counties, asking for an appropriation for repairing the embankment at the end of the bridge known as the Elkhorn bridge, across the Elkhorn river.

Which was referred to Committee on Roads.

Mr. Stewart, on leave, introduced

H. B. No. 31, "An act concerning limited partnerships,"

Which was read first and second time, and referred to Committee on Judiciary.

Mr. Steele gave notice of a bill for a territorial road, beginning at Florence, and intersecting the military road at or near the bridge on the Little Pappillion.

Mr. Briggs gave notice of a bill entitled "An act to change the time of holding general elections."

Mr. Dean presented a petition relative to a road from Rulo to Blue Springs,

Which was referred to Committee on Roads.

Mr. Rankin gave notice of a bill to amend the city charter of the city of Bellevue, in Sarpy county.

Mr. Marquette moved that the rule of this House prohibiting bills of a local nature from being introduced except for the purpose of reference to committees, be indefinitely suspended: Provided, that all bills or business of a general nature before the House, be disposed of on each day, before proceeding to act upon special legislation.

On which the ayes and nays were called:

Ayes.-Messrs. Bramble, Cassell, Collier, Davis of Washington, Daily, Hall, Lee, Marquette, Noel, Norwood, Shields, Steele, Stewart, Taffe, Wasson, Young.-16.

Nays.-Messrs. Briggs, Clark, Clayes, Dean, Gwyer, Rankin, Roeder, Seymour, Steinberger.-9.

A two-third vote being required to suspend the rule, the motion was lost.

Mr. Rankin moved to reconsider the last vote.

Carried.

Mr. Mason here gave notice of a bill entitled "An act to define the duties of officers."

The question recurring on the motion to suspend the rule,

Mr. Briggs moved to amend by suspending for this day only.
Carried.

Question on the motion as amended.

Carried.

Mr. Steinberger moved that the special order for this day be deferred until Wednesday next.

Carried.

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

Resolved, That the Engrossing and Enrolling Clerk of this House be authorized to employ an assistant, whenever the accumulation of business may require it.

Mr. Mason, from special committee, to which were referred

C. B. No. 49, "A bill to incorporate a seminary in Cass county," C. B. No. 50, "A bill to incorporate a university in Cass county," and

C. B. No. 51, “A bill to incorporate the Dempster Biblical Institute,” Reported the same back to the House, with sundry amendments to each bill, and recommended their passage as amended.

On motion of Mr. Clayes,

The amendments proposed by the committee, to the three bills, were adopted by the House.

The following message from the Council was now received:

Mr. Speaker:

COUNCIL CHAMBER,

Fot. 9, 1858. }

I am instructed to inform your honorable body that the Council have concurred in the amendments of the House to

C. B. No. 13, "A bill for an act to amend an act, entitled 'An act for locating, opening, repairing and changing county roads, approved January 26, 1856," in sections two, three, five, six, seven, eleven, twelve and sixteen, but the Council do not concur in the addition of sections thirteen, fourteen and fifteen.

Mr. Mason now moved to take up

S. M. CURRAN, Chief Clerk.

C. B. No. 51, "A bill to incorporate the Dempster Biblical Institute." Carried.

The bill was then, a first time, and under a suspension of rules read a second time, by title.

Mr. Clayes moved to amend the bill, by striking out all that portion which provided for the exemption from taxation of any of the property owned by said institute.

The following message from the Council was received:

COUNCIL CHAMBER,

Oct. 9, 1858.

}

Mr. Speaker:

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

C. B. No. 28, "A bill for an act authorizing certain parties to erect a mill dam across the Great Nemaha river."

Also,

C. B. No. 44, "A bill for an act to authorize Luther Hoadley and others to erect a mill dam."

Also,

C. B. No. 53, "A bill for an act to authorize Heath Nuckols and N. J. Sharp to keep a ferry at Yancton, N. T."

Also,

C. B. No. 55, "A bill for an act to authorize C. M. Greever and others to keep a ferry across the Missouri river at St. Deroin, in Nemaha county."

Also,

C. B. No. 56, "A bill for an act to authorize J. T. Whyte and others to establish a ferry at Aspinwall, Nemaha county."

Also,

C. B. No. 60, "A bill for an act to fix the time of holding the general election."

Also,

C. B. No. 32, "A bill for an act to amend chapter two of the laws of 1857, relative to district courts."

And the concurrence of the House is requested.

I also return you

H. F. No. 24, "An act to abolish the office of Attorney General," The same having passed the Council without amendment.

S. M. CURRAN, Chief Clerk.

Mr. Clayes now asked to withdraw his motion to amend,
Which the Chair permitted him to do.

Mr. Rankin rose to the following point of order, viz:

"When a motion is made and seconded, it is in possession of the House, and can not be withdrawn without the consent of the House."

The Chair overruled the point of order raised,
Whereupon, Mr. Rankin appealed from the decision.
The question being upon the decision of the Chair,
The ayes and nays were called-result as follows:

Ayes--Messrs. Bramble, Cassell, Clark, Clayes, Collier, Daily, Dean, Gwyer, Lee, Noel, Roeder, Steele, Young.-13.

Nays-Messrs. Marquette, Briggs, Mason, Norwood, Rankin, Seymour, Shields, Steinberger, Stewart, Taffe, Wasson.-11.

Chair sustained.

Mr. Clayes, having withdrawn his previous motion, now moved to amend as follows:

Strike out all that portion of the bill and report of committee which provides that all property held for the endowment of professorships shall be exempt from taxation, and provide that such exemption shall

be confined to the grounds, buildings and library, which shall not exceed in amount one hundred thousand dollars.

Mr. Steele moved to refer the bill, together with the amendments thereto, to the Committee on Judiciary, with instructions to report a general law for all denominations.

On which the ayes and nays were had:

Ayes-Messrs. Bramble, Cassell, Clark, Clayes, Dean, Fleming, Gwyer, Hall, Mason, Roeder, Steele.-11.

Nays-Messrs. Briggs, Collier, Daily, Lee, Marquette, Noel, Norwood, Rankin, Seymour, Shields, Stewart, Taffe, Wasson, Young.-14.

Lost.

Question recurring on the motion to amend,

Mr. Rankin moved its indefinite postponement.

Mr. Clayes moved to lay the motion to postpone on the table.
Lost.

Mr. Steele moved for a recess until 3 o'clock P. M.

Lost.

Question recurring upon the motion to indefinitely postpone.
The ayes and nays were had:

Ayes-Messrs. Briggs, Collier, Daily, Lee, Marquette, Noel, Norwood, Rankin, Shields, Stewart, Taffe, Wasson, Young.—13.

Nays.-Messrs. Bramble, Cassell, Clark, Clayes, Dean, Fleming, Gwyer, Hall, Mason, Roeder, Seymour, Steele.-12.

Carried.

Mr. Clayes moved to adjourn.

Lost.

Mr. Rankin moved to refer the bill before the House, together with C. B. No. 49, "A bill to incorporate a seminary in Cass county," and C. B. No. 50, "A bill to incorporate a university in Cass county," to a special committee of three, with instructions to report on Monday next. Mr. Clayes moved to amend by referring to Committee on Judiciary. On which the ayes and nays were had:

Ayes.-Messrs. Bramble, Cassell, Clark, Clayes, Dean, Fleming, Gwyer, Hall, Noel, Roeder, Steele.-11.

Nays.-Messrs. Briggs, Collier, Daily, Lee, Marquette, Norwood, Rankin, Seymour, Shields, Stewart, Taffe, Wasson, Young.-13.

Lost.

The ayes and nays were now called on the motion for a special committee.

Result as follows:

Ayes.-Messrs. Briggs, Cassell, Collier, Daily, Gwyer, Lee, Marquette, Noel, Norwood, Rankin, Shields, Stewart, Taffe, Wasson, Young.-15.

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