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geant-at-Arms, and Doorkeeper, may be chosen for each House; and the Chief Clerk shall receive four dollars per day, and the said other officers three dollars per day during the session of the Legislative Assembly; but no other officer shall be paid by the United States: Provided, that there shall be but one session of the Legislature annually, unless, on an extraordinary occasion, the Governor shall think proper to call the Legislature together. There shall be appropriated, annually, the usual sum, to be expended by the Governor, to defray the contingent expenses of the Territory, including the salary of a Clerk of the Executive Department; and there shall also be appropriated, annually, a sufficient sum, to be expended by the Secretary of the Territory, and upon an estimate to be made by the Secretary of the Treasury of the United States, to defray the expenses of Legislative Assembly, the printing of the laws, and other incidental expenses, and the Governor and Secretary shall, in the disbursement of all moneys intrusted to them, be governed solely by the instructions of the Secretary of the Treasury of the United States, and shall, semi-annually, account to the said Secretary for the manner in which the aforesaid money shall have been expended; and no expenditure shall be made by said Legislative Assembly for objects not specially authorized by the acts of Congress, making the appropriations; nor beyond the sums thus appropriated for such objects."

Passing from the Organic Act to the last provision of the 117th paragraph of the Act of May 18, 1842, the following language may be found:

STATUTES AT LARGE, VOL. V., P. 480.

"And provided, further: That the Legislative Assembly of no Territory shall hereafter, in any instance or under any pretext whatever, exceed the amount appropriated by Congress for its annual expenses."

The next reference to the Statutes at Large, i. e., the second section, Act, August 27, 1842, volume 5, Statutes, page 542, informs me of my duties in this wise:

STATUTES AT LARGE, VOL. V., P. 541. " And be it further enacted, That all accounts for disbursements in the Territories of the United States, of money appropriated by Congress for the support of government therein, shall be settled and adjusted at the Treasury Department; and no act, resolution, or order of the Legislature of any Territory, directing the expenditure of the sum, shall be deemed sufficient for such disbursement, but sufficient vouchers and proof for the same shall be required by said accounting officers. And no payment shall be made or allowed unless the Secretary of the Treasury shall have estimated therefor, and the object been approved by Congress. No session of the Legislature of a Territory shall be held until the appropriation for its expenses shall have been made."

In relation to the subscribing for newspapers by members of the Legislative Assembly, I have the honor to transmit the following letter. The sum named as the maximum expenditure for newspapers, one hundred and fifty dollars, will, when divided among the forty-eight members and two Chief Clerks of the Legislative Assembly, give three dollars to each person, and for that amount only shall I be responsible to publishers:

TREASURY Deseptember 2018, 179835. Er's OFFICE, }

J. Sterling Morton, Esq., Secretary of the Territory,

Omaha City, Nebraska. Sir-In your letter of the 24th ultimo, you inquire as to the propriety of furnishing newspapers, at the expense of the government, to the members of the Legislative Assembly. There appears to be but one reason why such an expense should be borne by the United States, in common with the other expenses attending the Legislative Assembly, and it is this: The representatives of the people should be kept advised of public opinion in the Territory as to their acts, and this is effected through the medium of the newspapers. An economical expenditure on this account has always been recognized by the accounting officers, and will be in the case of your Legislature. An expenditure to the extent of from $125 to $150, has in general covered this item; at any rate, you are instructed not to go beyond that limit.

I am, respectfully, your ob't serv't,

W. MEDILL, Comptroller. Relative to the present session, I submit the following letter:

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September 6, 1858. J. Sterling Morton:

Sir-You inquire in substance, in your letter of the 24th ult., whether, in the event the Legislative Assembly is convened on the day fixed by law, namely, the first Monday in January, notwithstanding the session called to begin on the 24th inst., the expenses attending it can be paid by the United States.

The twelfth section of the Organic Act of Nebraska, provides among other things: "That there shall be but one session of the Legislature annually, unless on an extraordinary occasion, the Governor shall think proper to call the Legislature together.” There can, therefore, be no question as to the liability of the United States to pay the expenses attending an extra session of the Legislative Assembly, when made necessary by some extraordinary occasion."

In the present case, the local laws of the Territory enacted heretofore, having been found insufficient to effect the purposes intended in their enactment, the Governor finds it necessary to call into requisition that power whose function it is to supply the deficiency. This he has done in his proclamation convening the Legislative Assembly on the 21st inst. But while the “occasion” prompting such action on his

part, is apparently of a character sufficiently important to bring the session within the meaning of the term "extraordinary," as expressed in the law, he does not so regard it. On the contrary, he makes it the

regular' session, convened in advance of the time fixed by law." Should the Assembly so esteem it, and find time within the limits prescribed by law, namely, forty days, to transact also the business that would occupy them during the “regular" session, it is in their power to legalize it. It is plain the mere proclamation can not. The law, however, makes this restriction: The expenses must not exceed the amount appropriated.

That amount for the fiscal year ending 30th June, 1859, is $20,000, of which a portion has been already advanced you.

If, therefore, the Assembly refuses to legalize the coming session, the restriction indicated is an obstacle that can not be overcome; and the average annual expense of that body makes it plain that, without a more economical management than has characterized former years, the expenses of an extra session may be incurred without the means to

pay them.

I am, respectfully, your ob't serv't,

W. MEDILL, Comptroller.

Relative to postage, the usual arrangements have been made, and this office will be responsible for postage of members during the session, provided it be legalized or regularized as specified in the letter above.

Respectfully, &c.,
J. STERLING MORTON,

Secretary of Nebraska.

Mr. Rankin moved that the communication be referred to a Select Committee of Five.

Carried.

Committee-Messrs. Rankin, Taffe, Stewart, Briggs, Hall.

The following notices of bills were given:

By Mr. Gwyer,
Of a bill to provide for the collection of a revenue.

By Mr. Noel,
of a bill to restrain and prohibit gaming,

By Mr. Davis of Washington,
Of a bill to revive the Criminal Code of 1856.

By Mr. Gwyer,
Of a bill entitled a Homestead Act.

On motion of Mr. Young, The resolution relative to printing the Governor's Message was taken up.

On motion of Mr. Fleming, The resolution was referred to the Select Committee to which was referred the communication from Hon. Secretary Morton.

The following notices of bills were given:

By Mr. Doom,
Of a bill for a valuation and appraisement law.

By Mr. Clark,
Of a bill for the regulation of dram shops and dram shop keepers.
The Governor's Message was now taken up, and

On motion of Mr. Clayes,
Was postponed until to-morrow.
The following notices of bills were given:

By Mr. Mason,
Of a bill to repeal an act entitled, an act to repeal certain acts of
the Legislative Assembly, passed the first session of the Legislative
Assembly, passed at the third session, A. D. 1857.

By Mr. Kline,
Of a bill to repeal the Attachment Law.

By Mr. Rankin, Of a Memorial praying Congress for an additional appropriation of moneys for the completion of the wagon road leading from the Platte river to the L'eau qui Court.

Also, Of a memorial for the appropriation of a sum of money to build a Territorial Penitentiary.

By Mr. Davis of Cass, Of à bill by which a majority of legal voters of any county, can remove the seat of justice.

By Mr. Marquette,
Of a bill entitled, an act to prevent the burning of prairies.

By Mr. Doom,
Of a bill regulating and establishing a legal rate of interest on money.

By Mr. Kline,
Of a bill to define the boundaries of Washington county.

By Mr. Steele,
Of a bill regulating the foreclosure of mortgages.

By Mr. Gwyer, Of a bill authorizing all persons interested to view and examine the public records.

By Mr. Noel, Of a bill for the stay of execution on judgments obtained in the several courts in the Territory.

By Mr. Clark, Of a bill for the establishment of the county line between Nemaha and Otoe counties.

Mr. Steele moved that four hundred copies of the list of Standing Committees be printed.

Mr. Young moved to amend, by instructing the Clerk to procure the printing of the same.

Mr. Rankin' moved to amend, by instructing the Secretary of the Territory to procure the printing.

Mr. Steele now moved to refer the whole subject matter to the Select Committee on the “ Secretary's communication.”

Lost.

Mr. Rankin moved to postpone until tomorrow morning at nine o'clock.

Lost.
Question had on Mr. Rankin's motion to amend.
Lost.
Mr. Clark now moved to lay on the table.
Ayes and nays called:

Ayes-Messrs. Bramble, Clark, Clayes, Fleming, Gwyer, Hall, Rankin, Steele.--8.

Nays-Messrs. Briggs, Cassell, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Doom, De Puy, Kline, Lee, Marquette, Mason, Noel, Roeder, Seymour, Shields, Stewart, Taffe, Wattles, Young.–22.

Lost.
Mr. Rankin moved to refer to Committee on Judiciary.
Overruled.

Mr. Clayes moved to amend the amendment by instructing the Clerk to consult with the Secretary.

Lost.
Mr. Bramble moved to adjourn.
Lost.
Question now had on the motion to amend made by Mr. Young.
Ayes and nays called:

Ayes-Messrs. Briggs, Cassell, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Doom, De Puy, Kline, Lee, Marquette, Mason, Noel, Rankin, Roeder, Seymour, Shields, Steele, Stewart, Taffe, Wattles, Young.-24.

Nays-Messrs. Bramble, Clark, Clayes, Fleming, Gwyer, Hall.-6.
Carried.
Mr. Rankin moved to reconsider the last vote.
Lost.
Mr. Davis of Washington moved to adjourn.
Lost.
Question now had on original motion as amended.
Carried.
Mr. Clark moved to adjourn.
Lost.
Mr. Doom gave notice of a bill for an Apportionment Law.

Also,
A bill to license venders of spirituous liquors.

Mr. Fleming gave notice of a bill for the relocation of the county seat of Richardson county, by a direct vote of the people.

On motion of Mr. Stewart, The House adjourned.

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