Was now resumed on the motion to adopt the majority report on the same, Pending which The House adjourned at 4 o'clock P. M. SATURDAY, October 30, 1858. House met at the usual hour. Journal read and approved. The following communication from Hon. J. Sterling Morton, Secretary of the Territory, was received: SECRETARY'S OFFICE, Omaha City,} Gentlemen of the House of Representatives: At the instance of several of the members of your honorable body, I have the honor to transmit here with, for your consideration, the letter of Hon. Wm. Medill, in relation to your per diem, &c.: * If the convened session, which met on the 4th instant, shall adjourn at the end of forty days from the commencement of the called or extraordinary session, thus constituting the two one continued session of that number of days, the entire per diem and mileage may be paid to the members and per diem to the officers; but if the session which convened on the 4th instant shall, of itself, continue forty days in addition to the thirteen occupied by that which was called by the Governor, then you will pay the per diem and mileage of the regular or convened session only, and take no notice of the extraordinary session, leaving their compensation for the determination of Congress. It is stated in the dispatch to you, that "no constructive mileage can be recognized," and this is considered but just as the Assembly at the extra session stood adjourned on the 3d, to meet on the 4th of October, instant, with the same officers of the Council and House, and, indeed, had any election been held on the 4th for a new set of officers, I apprehend the department could not have allowed "constructive mileage" without an act of Congress authorizing it to be paid. Very respectfully, yours, (Signed), WILLIAM MEDILL, Comptroller. The above is the latest instruction that I have from the department upon this subject, and it will therefore control me. H. B. No. 114, "An act to amend an act to incorporate the city of Wyoming." On motion of Mr. Wasson, The rules were suspended, and the bill read first, second and third time, passed and title agreed to. Mr. Briggs, on leave, introduced H. B. No. 115, "A bill for an act relative to the privilege of the members of the Legislative Assembly," Read first and second time, and referred to Committee on Judiciary. Mr. Rankin presented the affidavit of A. S. Paddock, relative to the removal of the county seat of Washington county. Mr. Mason, from Committee on Judicary, reported C. B. No. 107, "A bill for an act to require justices of the peace to give bonds before entering upon the discharge of their official duties." With amendments, and recommended its passage, as amended. Also, C. B. No. 90, “A bill for an act to confirm the title of Francis Barker to certain real estate in the city af Omaha," Without amendment, and recommended its passage. Also, C. B. No. 104, "A bill for an act to fix the times of holding the district courts in the second judicial district," Also, H. B. No. 79, "An act regulating the disposal of unclaimed property in certain cases," Also, H. B. No. 95, "An act to prevent trespassing on timber lands," H. B. No. 100, "A bill for an act to establish and keep a ferry on the Platte river, at Fort Kearney," Reported the same back with an amendment, and recommended its passage. Mr. Gwyer, from Committee on Library, to which was referred H. B. No. 99, "A bill for an act to prevent the taking away of books, laws, records and other documents from the Territorial Library," Reported the same beck to the House, with amendments, and recommended its passage. Mr. Kline, from special committee, to which was referred H. B. No. 112, "An act to locate a territorial road from Florence, via Rockport, to Fort Calhoun," Reported the same back without amendment, and recommended its passage. The following message from the Council was received: COUNCIL CHAMBER, Oct. 30, 1858. Mr. Speaker: I am instructed to inform your honorable body that the Council has passed the following named bills, to wit: C. B. No. 92, "A bill for an act to legalize the assessment of taxes in the Territory of Nebraska, and to amend the revenue law," C. B. No. 134, "A bill for an act to authorize the appointment of county commissioners in Platte county," C. B. No. 129, "A bill for an act to amend an act entitled an act to locate a territorial road from Plattsmouth to New Fort Kearney, via the cities of Parallel and Salina," C. B. No. 126, "A bill for an act to authorize Charles Martin and others to establish and keep a ferry at Rulo, Richardson county," and C. B. No. 25, "A bill for an act to authorize justices of the peace to administer oaths, and to regulate their fees," And the concurrence of the House is respectfully requested. I have also to inform you, that the Council has concurred in the amendments of the House to the following bills: C. B. No. 67, "A bill for an act to incorporate the Nemaha Valley Insurance Company," and C. B. No. 75, "An act to authorize H. C. Crawford, A. A. Patridge and others to keep a ferry across the Missouri river." Mr. Gwyer, on leave, introduced S. M. CURRAN, Chief Clerk. H. B. No. 116, "An act to authorize the Treasurer of the Territory to purchase a safe for territorial purposes," Read first and second time, and referred to Committee on Accounts and Expenditures, with instructions to report on Monday morning. Mr. Davis of Washington, from Committee on County Seats and County Boundaries, to which was referred H. B. No. 107, "A bill for an act to establish the county of Butler, and locate the county seat thereof," Reported the same back with a substitute therefor, and recommended the passage of the substitute. Mr. Hall, from special committee, to which were referred C. B. No. 36, "A bill for an act to remunerate code commissioners for services rendered," and H. B. No. 98, "A bill for an act to compensate B. B. Thompson, L. Richardson, Wm. Dendy and S. F. Burtch, for services as clerks of code commissioners," Reported the same back without amendment. On motion of Mr. Mason, The same bills were then referred to Committee on Judiciary. Mr. Doom moved to take up business on the Speaker's table and orders of the day. Carried. H. B. No. 74, "A bill for an act to relocate the seat of justice of Washington county," Was now taken up, on the motion to adopt the majority report on the same, that being the unfinished business of yesterday. Mr. Mason moved the previous question. Mr. Cooper moved a call of the House: Absent-Messrs. Fleming, Roeder, Seymour and Steinberger. On motion of Mr. Clark, All further proceedings under call were dispensed with. On which the ayes and nays were called: Ayes-Messrs. Bramble, Cassell, Clark, Davis of Cass, Davis of Washington, Daily, Dean, De Puy, Gwyer, Hall, Lee, Mason, Noel, Ramsey, Shields, Steele, Wasson, Wattles, Young.-19. Nays-Messrs. Briggs, Clayes, Collier, Cooper, Doom, Kline, Rankin, Stewart, Taffe.-9. Carried. Mr. Davis of Washington moved that the bill be now read a third time and put on its passage and on this moved the previous question, Which was sustained and the main question ordered, On which the ayes and nays were had: Ayes-Messrs. Bramble, Cassell, Clark, Davis of Cass, Davis of Washington, Daily, Dean, De Puy, Hall, Lee, Mason, Noel, Shields, Wasson, Wattles, Young.-16. Nays-Messrs. Briggs, Clayes, Cooper, Doom, Gwyer, Kline, Rankin, Seymour, Steele, Stewart, Taffe.-11. Carried. The bill was now read a third time and put on its passage. Ayes-Messrs. Bramble, Cassell, Clark, Davis of Cass, Davis of Washington, Daily, Dean, De Puy, Gwyer, Hall, Lee, Mason, Noel, Shields, Steele, Wasson, Wattles, Young.-18. Nays-Messrs. Briggs, Clays, Cooper, Doom, Kline, Rankin, Seymour, Stewart, Taffe-9. Carried. Bill passed and title agreed to. Mr. Stewart, from Committee on Corporations, submitted the following report: Your committee, to whom were referred House Bills Nos. 111, 110 and 86, also Council Bills Nos. 64, 76, 95, 123, 121, 89, 99 and 117, having had the same under consideration, beg leave to report the same back and recommend their passage without amendment. STEWART, KLINE, BRAMBLE. Mr. Steele, on leave, introduced H. B. No. 117, "Joint resolution and memorial, asking for an appropriation to construct a bridge over the Loup Fork river," Also, H. B. No. 118, "Joint resolution and memorial, asking for an appropriation to construct a bridge over the Platte river." Mr. Mason, on leave, introduced H. B. No. 119, "Joint resolution for the payment of the code commissioners of 1855, and their clerks," Read a first and second time, and ordered engrossed for a third reading. Mr. Cooper, on leave, introduced H. B. No. 120, “Memorial and joint resolution, asking for a grant of land to build the Lewis and Clark College," Read first and second time, and referred to a select committee of three, consisting of Messrs. Cooper, De Puy and Wattles. Mr. De Puy, on leave, introduced H. B. No. 121, "A bill for an act to define the boundaries between Washington and Dodge counties," Read first and second time, and referred to a special committee, consisting of Mrs. De Puy, Davis of Washington, Kline and Cooper. Mr. De Puy, on leave, also introduced H. B. No. 122, "A bill for an act to incorporate the Columbus Ferry Company," Read first and second time, and referred to Committee on Corporations. H. B. No. 22, "A bill for an act to apportion the members of the House of Representatives of the Territory of Nebraska," Being the special order of the day, Was now taken up. Mr. Marquette moved that the bill be read third time, and put on its passage. Mr. Rankin moved that the House now go into Committee of the Whole for the consideration of the bill. Mr. Gwyer moved to adjourn, On which the ayes and nays were called: Ayes-Messrs. Briggs, Clayes, Cooper, Gwyer, Kline, Ramsey, Rankin, Roeder, Shields, Steele, Steinberger, Wattles.-12. |
