vide against tresspassing animals," Reported the same back without recommendation. Mr. Cooper moved to take up business on the Speaker's table. On motion, The House went into Committee of the Whole for the consideration of H. B. No. 9, and C. B. No. 23, School Bills, Mr. Daily in the Chair. During the sitting of the committee the Speaker took the Chair, in order to receive the following message from the Council: COUNCIL CHAMBER, Oct. 27, 1858. } Mr. Speaker: I am instructed to inform your honorable body that the Council has passed C. B. No. 26, "A bill for an act entitled an act making certain instruments of writing negotiable," And the concurrence of the House is requested. The House having resumed business, S. M. CURRAN, Chief Clerk. Mr. Daily, from Committee of the Whole, reported progress, and asked leave to sit again. Mr. Mason moved that a select committee of five be appointed to investigate and inquire into the charge, that corrupt means have been used and bribes offered to members of this House, to induce them to support a certain bank bill, by persons outside of this House. Mr. Rankin moved to postpone until Saturday next. Lost. The ayes and nays were now called on the motion for a committee. Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Doom, Fleming, Gwyer, Hall, Kline, Lee, Marquette, Mason, Noel, Ramsey, Rankin, Roeder, Seymour, Shields, Steele, Stewart, Taffe, Wattles, Young.-29. Nays.-0. Carried. The following message from the Council was received: COUNCIL CHAMBER, Oct. 27, 1858. Mr. Speaker: I am instructed to inform your honorable body that the Council has passed C. B. No. 132, "An act to establish a Code of Civil Procedure," S. M. CURRAN, Chief Clerk. Mr. Mason moved that C. B. No. 132, "An act to establish a Code of Civil Procedure," Be read a first and second time by title, and referred to Committee on Judiciary. Carried. Bill so read and referred. Mr. Collier, on leave, introduced H. B. No. 106, "A bill for an act to locate a territorial road from Decatur to Columbus and Cleveland," Read first and second time, and referred to Committee on Roads. H. B. No. 107, "A bill for an act to establish the county of Butler and locate the county seat thereof," Read first and second time, and referred to Committee on County Seats and County Boundaries. Mr. Shields, on leave, introduced H. B. No. 108, "Memorial and joint resolution relative to a mail route," Read first and second time, and referred to Committee on Federal Relations. Mr. Hall, on leave, introduced H. B. No. 109, "Memorial and joint resolution praying Congress to pass a special act for the relief of John B. and William Bennet," Read first and second time, and referred to Committee on Federal Relations. The Chair announced the following named gentlemen, as composing the Committee of Investigation-Messrs. Mason, Marquette, Stewart, Briggs and Clayes. Mr. Collier moved that the Special Committee of Investigation shall have power to examine witnesses under oath, and full power to send for persons and papers. Carried. Mr. Clayes moved that the Sergeant-at-arms be instructed to attend upon the sittings of the Special Committee of Investigation, and obey their orders. Carried. On motion of Mr. Davis of Washington, The House adjourned at 11⁄2 o'clock P. M. House met at the usual hour. THURSDAY, October 28, 1858, Mr. Davis of Cass moved to dispense with the usual call of the counties. Carried. Also, To dispense with reports from committees. Lost. Mr. Kline, from special committee, to which was referred H. B. No. 81, "An act to dissolve the bonds of matrimony between John N. Burton and Mary Burton," the Reported the same back with substitute therefor, and recommended passage of the substitute. On motion, The substitute was adopted, Read first, second and third time, passed and title agreed to. Mr. Taffe, from select committee, to which was referred H. B. No. 22, "An act entitled an apportionment law," Reported the same back, with a substitute therefor, entitled "A bill for an act to apportion the members of the House of Representatives of the Territory of Nebraska," And recommended the passage of the substitute. Mr. Gwyer moved that the bill be made the special order of the day for Monday next. Lost. Call of the House ordered. Absent-Messrs. Briggs, Clayes, Collier, Daily, Marquette, Mason, Rankin, Steinberger and Stewart. Mr. Doom moved that all further proceedings under call be dispensed with. Carried. Mr. Seymour moved that the report of committee and the bill be laid on the table. Ayes and nays called, Result as follows: Ayes-Messrs. Bramble, Gwyer, Kline, Roeder, Seymour, Shields, Steele, Wattles.-8. Nays-Messrs. Cassell, Clark, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Doom, De Puy, Fleming, Hall, Lee, Noel, Ramsey, Taffe, Wasson, Young.-17. Lost. Question had on adopting substitute. Carried. Mr. Clark moved that the rules be suspended, and the bill read a first and second time. Carried. Mr. Gwyer moved that the bill be made a special order of the day for Saturday next. Carried. Mr. Davis of Cass moved to take up the Council bill in relation to the removal of county seats. Lost. Mr. De Puy, on leave, introduced H. B. No. 110, "A bill for an act to authorize O. A. Hinebaugh and others to build a dam across Maple creek," Read first and second time, and referred to Committee on Corporations. Mr. Fleming moved to take up the business on Speaker's table. H. B. No. 28, "A bill for an act to organize and define the boundaries and locate the county seat of Dixon county," on Was read third time, passed and title agreed to. Mr. Seymour moved that the House go into Committee of the Whole, H. B. No. 9, "A bill to establish the Common School System in the Territory of Nebraska." Lost. C. B. No. 128, "Joint resolution to compensate S. M. Curran for services rendered," Read first and second time, and referred to Committee on Accounts and expenditures. The following message from the Executive was received: To the House of Representatives: Mr. Speaker: EXECUTIVE OFFICE, Omaha,} Oct. 28, 1858. I am instructed by the Governor to announce to your honorable body the following message, and return to you a bill for "An act to authorize M. Mahan, D. R. Robb and John G. Treadway, to keep and run a ferry across the Missouri river at Wyoming, in Otoe county, Nebraska Territory." To the House of Representatives: J. MCCONIHE, EXECUTIVE OFFICE, Omaha, N. T., October 28, 1858. } I return a bill for "An act to authorize M. Mahan, D. R. Robb and J. G. Treadway, to keep and run a ferry across the Missouri river, at Wyoming, Otoe county, Nebraska Territory," with my objections to the same. The bill now before me authorizes M. Mahan, D. R. Robb and John G. Treadway, their associates, heirs and assigns, for the period of twenty years, to have the exclusive privilege of keeping a ferry on the Missouri river, at Wyoming. Their right under this bill extends two miles up and down said river, from the mouth of the Weeping Water. The Legislative Assembly, by an act approved Feb. 28, 1855, granted the right to Josiah Burget, his associates, heirs or assigns, to establish and keep a ferry across the Missouri river, at Wyoming, N. T., or any other practicable point on said river, within three miles either way from the centre of said town, for the period of ten years. I do not question the power of the Legislative Assembly to confer the privilege of ferrying and crossing for toll at this point, but when they confer, as they do in this bill, the exclusive right, they restrict rights already accrued, and interfere with privileges that were granted to Josiah Burget, his associates and assigns. I can not therefore approve the bill. W. A. RICHARDSON, Governor, N. T. C. B. No. 98, "A bill for an act to incorporate the Merchants' and Mechanics' Fire and Marine Insurance Company," Was read first and second time, and referred to Committee on Judiciary. C. B. No. 107, "A bill for an act to require justices of the peace to give bond before entering upon the discharge of their official duties," Was read first and second time, and referred to same committee. C. B. No. 42, "A bill for an act to amend an act entitled an act establishing the mode of locating and changing county seats," Was read first and second time. Mr. Collier moved to refer the bill to a select committee of five. Mr. Gwyer moved to refer the bill to Committee on County Seats and County Boundaries. Lost. Question on motion for a select committee. Carried. Committee-Messrs. Kline, Davis of Cass, Davis of Washington, Daily and Fleming. H. B. No. 70, "A bill for an act to incorporate the Nebraska City Hydraulic and Gas Company," Was read third time, passed and title agreed to. H. B. No. 68, "Joint resolution relative to adjournment," Read a first and second time, and referred to Committee on Judiciary. H. B. No. 89, "An act to locate a territorial road from Brownville, in Nemaha county, to Kingston, in Johnson county," Read third time, passed and title agreed to. C. B. No. 122, "A bill for an act to amend an act to incorporate the Platte Valley and Pacific Rail Road Company," Read first time. C. B. No. 88, "A bill for an act to amend an act to incorporate Nebraska city," Read third time, passed and title agreed to. C. B. No. 121, "An act to authorize Gardner Powers, his associates and assigns, to establish and keep a bridge or ferry across the Platte river at Louisville, in Cass county," |
