Gwyer, Kline, Lee, Noel, Rankin, Seymour, Shields, Steele, Steinberger, Wattles, Young.—16. Lost. The ayes and nays were now called on the motion to suspend the rules-result as follows: Aycs-Messrs. Cooper, Davis of Washington, Daily, Dean, De Puy, Gwyer, Kline, Lee, Noel, Rankin, Shields, Steele, Steinberger, Wattles, Young.-15. Nays-Messrs. Cassell, Clark, Clayes, Collier, Hall, Marquette, Mason, Roeder, Seymour, Stewart, Taffe.-11. A two-third vote being required, the motion was lost. Ayes and nays called: Ayes-Messrs. Bramble, Cassell, Clark, Clayes, Collier, Davis of Washington, Hall, Marquette, Mason, Roeder, Stewart, Taffe.-12. Nays-Messrs. Cooper, Daily, Dean, De Puy, Gwyer, Kline, Lee, Noel, Rankin, Seymour, Shields, Steele, Steinberger, Wattles, Young.-15. Lost. Mr. Mason moved to amend the bill by striking out all of section four. Lost. Mr. Stewart moved to adjourn. Lost. Mr. Rankin moved to refer the bill to a special committee of five. Mr. Mason moved its reference to the Committee on Incorporations. Mr. Gwyer moved to lay the last motion on the table. Carried. Question had on referring to a special committee. Carried. The Chair appointed as such Committee-Messrs. Rankin, Collier, Daily, Mason and Kline. On motion of Mr. Dean, The House now adjourned at 3 o'clock P. M. TUESDAY, October 12, 1858. House met at the usual hour. Prayer by the Chaplain. Journal read and approved. Mr. Dean gave notice of a bill for a territorial road from Nebraska city to Pawnee city. Mr. Davis of Washington introduced H. B. No. 34, "A bill for an act to annul the marriage contract between Louisa C. Tapping and Alfred B. Tapping," Which was referred to a select committee of three, consisting of Messrs. Davis of Washington, Taffe, and Rankin. Mr. Bramble gave notice of the following named bills: A bill to incorporate the Nashville coal mining company. A bill to incorporate the Ionia town and ferry company. A bill to authorize S. B. Stough and H. A. Fuller, or their assigns, to build a dam on Ayowa creek, Dakota county. A bill to incorporate the Nebraska lead mining company. A bill to locate a territorial road from Ponca in Dakota county, via Crawford to Pacific city on the Running Water river, and A bill to locate a territorial road from Ionia in Dixon county, to Fontenelle, in Dodge county. Mr. Rankin, from select committee to which was referred C. B. No. 32, "A bill to amend chapter two, of the laws of 1857, relative to district courts, Submitted the following majority report: Your committee would most earnestly and respectfully urge the passage of this bill. In the opinion of your committee, the necessities of the people, during these gloomy days of financial embarrassment, demand some relief measures at the hands of the Legislature, Your committee are fully aware of the deep feeling which exists in the minds of some with regard to this bill, and of the strong opposition which will be urged against its passage. But we report that the crisis calls for it, and that the Legislature in passing it, will act in accordance with the doctrine of the "greatest good to the greatest number." All of which is respectfully submitted. B. P. RANKIN. Mr. Kline moved that the report be adopted by the House. The following message from the Executive was received: Mr. Speaker: EXECUTIVE OFFICE, Oct. 11, 1858.} I am instructed by the Governor to inform the House, that he has this day signed and approved H. B. No. 24, "An act to abolish the office of attorney general." J. MCCONIHE, Private Secretary.. Mr. Collier, from special committee, to which was referred C. B. No. 32, "A bill to amend chapter two of the Laws of 1857, relative to district courts," Submitted the following minority report thoreon: The minority of your special committee, to whom was referred C. B. No. 32, "A bill to amend chapter two of the Laws of 1857, relative to district courts," respectfully reports: We have considered this bill and can not recommend its passage by this House. The bill, if it becomes a law, will operate unfairly, and discriminate in favor of the debtor to the great injury of the creditor, and open a wide avenue to fraud. We are anxious to shield debtors, at this unfortunate period, from unreasonable sacrifice of property for the satisfaction of their debts. It is undoubtedly true that there is almost a destitution of floating capital in the territory, and if property is sold without some restriction under proceedings at law, it must be sold at a rate far below its real value, and the sacrifice enforced upon a debtor will be immeasurable and unjust. And here we believe the Legislature ought to exercise its power for the protection of debtors, by the enactment of a just law of appraisement, and such other constitutional laws as may be needful, to restrain the sale of property at ruinous rates. But the legislative power ought never to be exercised in such a manner as to prevent or delay creditors in the assertion of their rights; or by taking away remedies, to indirectly impair the legal obligation of contracts. The bill before your committee delays and injures the remedy of creditors, and, in effect, postpones the assertion of their rights until debtors who may be dishonestly inclined may transfer or dispose of their property, and render the prosecution of their claims to judgment useless. We are of the opinion that the bill, in all its general features, is of doubtful constitutionality, believing that it does impair the obligation of contracts; and we especially point out the fourth section of the bill, and hold that section to be unconstitutional. Believing that debtors may be protected by other and constitutional laws, and considering the true interests of the territory, and the welfare and prosperity of the people, we recommend that this bill be rejected. DAVID S. COLLIER, O. P. MASON. Question now had on the motion to adopt the majority report, and Carried. C. B. No. 32, "A bill to amend chapter two of the Laws of 1857, relative to district courts," Being now before the House, Mr. Marquette moved the following amendment to the bill: "The provisions of this act shall not extend to, or in any manner affect, the rules or proceedings in any cases now pending in adjourned terms of courts whose regular terms were appointed by law, at a period prior to the time of the taking effect of this act; nor to appealed cases which do not amount to over fifty dollars in value." Lost. Mr. Rankin moved that the bill be read a third time and put on its passage. On which the ayes and nays were had: Ayes-Messrs. Cassell, Cooper, Daily, Dean, De Puy, Fleming, Gwyer, Kline, Lee, Marquette, Noel, Rankin, Seymour, Shields, Steele, Steinberger, Wasson, Wattles, Young.-19. Nays-Messrs. Bramble, Briggs, Clark, Clayes, Collier, Davis of Washington, Hall, Mason, Roeder, Stewart, Taffe.-11. Carried. The bill was now read a third time and put on its passage. Ayes-Messrs. Cassell, Cooper, Daily, Dean, De Puy, Fleming, Gwyer, Kline, Lee, Marquette, Noel, Rankin, Seymour, Shields, Steele, Steinberger, Wasson, Wattles, Young.-19. Nays-Messrs. Bramble, Briggs, Clark, Clayes, Collier, Davis of Washington, Hall, Mason, Roeder, Stewart, Taffe.-11. Carried. Bill passed and title agreed to. Mr. Steinberger moved to reconsider, and to lay that motion on the table. Ayes and nays called: Ayes-Messrs. Cassell, Cooper, Davis of Washington, Daily, Dean, De Puy, Fleming, Gwyer, Kline, Lee, Marquette, Noel, Rankin, Seymour, Shields, Steele, Steinberger, Wasson, Wattles, Young.-20. Nays-Messrs. Bramble, Briggs, Clark, Clayes, Collier, Hall, Mason, Roeder, Stewart, Taffe.-10. Carried. Mr. Steele, from special committee, submitted the following minority report: The undersigned respectfully submits the following minority report of the special committee, to whom was referred C. B. Nos. 49, 50 and 51, bills for the incorporation of educational and biblical associations. Feeling a deep interest in the incorporation and protection of all charitable institutions, and that the same privileges may be extended to all denominations and associations equally, would submit this report with the accompanying bill, and earnestly recommend its passage. Accompanying the above report, came R. W. STEELE. H. B. No. 35, "An act to enable the trustees of colleges, academies, universities and other institutions, for the purpose of promoting education, to become bodies corporate." On motion, The report was accepted. Mr. Rankin moved that the House go into Committee of the Whole on the majority and minority reports on Council Bills Nos. 49, 50 and 51, bills for the incorporation of a seminary, a university and a biblical institute in Cass county, together with those bills. Carried; and The House went into Committee of the Whole, Mr. Rankin in the Chair. The Committee having risen, Mr. Rankin reported back 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," And recommended their passage. Also, C. B. No. 51, "A bill to incorporate the Dempster Biblical Institute," and the General Bill accompanying the minority report on the same, without recommendation. Report accepted. Mr. Mason moved that the rules be suspended, and C. B. No. 49, "A bill to incorporate a seminary in Cass county," The bill was read a first, second and third time, and put on its passage. On which the ayes and nays were called: Ayes-Messrs. Bramble, Briggs, Davis of Washington, Daily, De Puy, Kline, Lee, Marquette, Noel, Rankin, Roeder, Seymour, Shields, Steinberger, Stewart, Taffe, Wasson, Wattles, Young.-19. Nays-Messrs. Cassell, Clark, Clayes, Collier, Dean, Fleming, Gwyer, Hall, Steele.-9. Carried. Bill passed and title agreed to. C. B. No. 50, "A bill to incorporate a university in Cass county," Was now taken up, and under a suspension of rules read a first and second time. Mr. Clayes moved to amend the bill by adding the following, viz: Nothing in this act shall be construed to be a barrier to the resumption of all power by the constitutional convention (whenever such convention may assemble), which may be necessary to determine the principles upon which the taxes shall be apportioned, or necessary to the universal application of such principles." Mr. Daily moved to lay the amendment on the table. On which the ayes and nays were called: Ayes-Messrs. Briggs, Davis of Washington, Dailey, De Puy, Lee, |