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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 acť 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.
S. M. CURRAN, Chief Clerk.
“When a motion is made and seconded, it is in possession of the House, and can not be withdrawn without the consent of the House."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,
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.
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 Clayes, having withdrawn his previous motion, now moved to amend as follows: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.
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.
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.
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.
Nays.—Messrs. Bramble, Clark, Clays, Dean, Fleming, Hall, Mason, Roeder, Seymour, Steele.-10.
Messrs. Rankin, Marquette and Steele were appointed to act as such committee. Mr. Wattles obtained leave of absence.
MONDAY, October 11, 1858. House met at the usual hour. Prayer by the Chaplain. Journal read and approved. Call of the House ordered.
Absent, Messrs. Dean, Bramble, Briggs, Gwyer, Hall, Clayes, Mason, Steele.
Resolved, That the Honorable J. B. Wasson be and is hereby excused for non-attendance during the extra session commencing September 21, and that the Secretary is hereby requested to pay him the same per diem as other members of this House.
"An act to regulate enclosures and to provide against trespassing animals.”
A bill for an act to prevent frauds and perjuries.
A bill for an act to provide for the preservation and safe keeping of the journals of the council and house of representatives of the Territory of Nebraska.
Å bill for an act to enable the trustees of colleges, academies, seminaries, universities and other institutions for the purpose of promoting education, to become bodies corporate.
Mr. Mason, on leave, introduced,
H. B. No. 32, “A bill for an act entitled, an act for the discharge of insolvent debtors."
Mr. Rankin moved that the bill be printed. Lost. Mr. Gwyer moved to refer the bill to the Committee on Judiciary. Carried. Mr. Marquette, on leave, introduced, H. B. No. 33, "A bill for an act to change and redefine the boundaries of Calhoun county.”
Read first and second time, and referred to Committee on County Seats and County Boundaries.
Mr. Taffe offered the following resolution:
Resolved, That No. 30 of the rules of this House, relative to motions, shall be so construed as to permit the withdrawal of the same according to established parliamentary usage.
Laid over under rule.
C. B. No. 9, “ A bill for an act to establish a territorial board of agriculture,
Reported the same back to the House, with sundry amendments thereto, and recommended its passage as amended.
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," Submitted the following report, which was accepted:
Your committee, to whom were referred
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,"
With the amendments thereto, have had the same under consideration, and the majority of the committee, believing them to be right and proper, would report them back to the House without further arendment, and respectfully recommend their passage.
It has been objected to these corporations that they were unrestricted in the amount of property they may acquire and hold in the territory, and that they are liable to become great monopolies in our midst.
The idea of such unlimited power may, at first, strike those who lose sight of the exclusive objects of the institutions, as dangerous to the welfare of the territory.
But as we find the powers conferred by the several bills strictly guarded and exclusively confined to the oue object of education (for there are no other powers conferred by them), the sole question which remains is, can they have too much power to educate ?
Is there any danger of the facilities of education becoming too great? Is there any danger of the people of the Territory ever becoming too well educated ? too literary? too scientific ? too much enlightened ? The proposition that they may, bears absurdity on its face. So thoroughly have all our enlightened states been convinced that the real danger in the case lies in the contrary direction, that we have sought in vain for an example of an institution of the kind, where all of its means are to be devoted to education, being restricted in the amount of its capital. If the persons to whom you are about to intrust the educational interests contemplated, are proper persons to educate at all, they certainly should not be restricted in the means of accomplishing their work. If not, they should not, by authority, be allowed to educate at all.
Again, the proposition that they should be restricted in the mode of the investment of their funds, seems to be equally absurd. There is no more inconvenience or danger to the public in their holding their endowment in lands, than in bank stocks, bonds and mortgages, or cash. Hence we claim that restriction to a limited amount of lands or any other particular kind of property, can work no good, whilst it might embarrass or even defeat the enterprise.
As to the propriety of the exemption of the property from taxation, it is a broad and plain question, upon which there can be only two opinions. As their entire property must be used for only one object, it is either right to exempt it all from taxation, or it is not proper to exempt any portion of it. The almost universal custom amongst enlightened states of all countries, of exempting the property of educational and other purely benevolent institutions, from taxation, commends itself as a custom founded in sound and enlightened policy; and we should be exceedingly sorry to see Nebraska in her infancy start off in the opposite direction.
As the sole object of government is the public good, can it be proper that it should impose any burden or barrier in the way of a purely beneficent enterprise ? Certainly not. As it will be at once readily admitted that proper education is a pure beneficence, we are brought to the only question of importance that is at issue-the basis of all the objections that can be raised. That is, is education as contemplated in these bills, a proper education ? Shall education under the direction of the Methodist Episcopal church be deemed proper, or shall it be restricted and taxed ?
Your committee, in recommending the passage of these bills, are influenced solely by what they deem the best interests of the Territory, and would take this occasion to state that whilst they gladly extend encouragement and protection to Methodism, they would with equal willingness do as much for any other denomination which would show its appreciation of the boon by asking for it.
Your committee would further express the hope that it will be the policy of this and future legislatures, to give to all churches such immunities and protection as contemplated in these bills, that our virgin