JOURNAL

OF THE SENATE

SENATE CHAMBER,

DES MOINES, IOWA, APRIL 18, 1923.

Pursuant to a call by Governor N. E. Kendall, the Fortieth General Assembly convened in extra session and the Senate was called to order by Lieutenant-governor John Hammill.

Prayer was offered by Senator McIntosh.

Senator Cessna placed in nomination, L. W. Ainsworth for secretary.

The rules were suspended and L. W. Ainsworth was selected by acclamation.

Senator Mantz moved that a committee of three be appointed to notify the House that the Senate is duly organized and ready to receive any communication it may desire to transmit. The motion prevailed and the president appointed as such committee, Senators Mantz, Shinn, Schmedika.

Senator Abben moved that a committee of three be selected to notify the Governor that the Senate is now organized and ready for business. The motion prevailed and the President appointed as such committee, Senators Abben, Thurston, Johns

ton.

ADOPTION OF RULES

Senator Bowman moved that the Senate be governed by the rules of the Fortieth General Assembly until the committee on rules is ready to report. Carried.

Senator Slosson moved that the Secretary proceed to the reading of the Governor's message. Carried.

The following communication was received from the Gover

nor:

To the Senate and House of Representatives of the Fortieth General Assembly:

Gentlemen: In the exercise of the power vested in me by section 11, article IV of the constitution, I have convened the Fortieth General Assembly in extraordinary session to conclude the revision of the code. In taking this action I in no measure renounce the conviction I expressed last January that the work was possible of accomplishment at the session then opening without serious interference with the routine business of the Assembly. But there was submitted to me the written report of your authorized joint committee advising me that at the regular session just adjourned conscientious effort was made in the direction of code revision and that it could not be completed at such session, supplemented by a concurrent resolution adopted with practical unanimity that a special session is necessary therefor. The formal and solemn judgment thus announced by the legislature is entitled to high consideration, and the executive is not at liberty to disregard it. The recommendation of the Senate and House is, therefore, acquiesced in because it is apparent (1) that no revision will be effected otherwise and (2) that unless revision is speedily consummated the vast sum already expended by the state in preliminary preparation may be wholly forfeited.

The immense importance of the work upon which you are now entering cannot be overstated. Your function is nothing less than to revise, reconstruct and recodify the statutes which have been formulated for the government of Iowa throughout the nearly eighty years of her statehood; and it is no exaggeration to prophesy that the result of your faithful and diligent labor when crystallized into a compact code will remain without material alteration as the fundamental law of the commonwealth for the ensuing quarter of a century. No graver duty ever was devolved upon the selected delegates of a free and enlightened electorate than that which you undertake today. While I believe the people expect that duty to be discharged expeditiously, I know they insist that it be discharged thoroughly. I beg to assure you that throughout your deliberations every energy that I possess will be cheerfully exerted in earnest and cordial cooperation with you to produce such restatement of the law as shall command the unqualified indorsement of all who are amenable to its provisions.

I ask your indulgence for one further observation. The appropriations authorized by the regular session are fabulous in their aggregate, and to realize funds for their disbursement a substantial increase in the tax levy may be inevitable. Allow me the suggestion that while in special session these appropriations be carefully and minutely reviewed, and if, without impairment of the public service, any can be reduced or postponed or repealed, that such reduction, postponement or repeal be promptly and fearlessly ordered.

I cannot forego the opportunity to congratulate you sincerely upon the record you established at the regular session. While several measures of great merit failed to command your approval, so much excellent legislation was enacted that in my opinion the achievements of the

Fortieth General Assembly will sustain favorable comparison with those of any of its predecessors.

April 18, 1923.

Respectfully submitted,

N. E. KENDALL, Governor.

INTRODUCTION OF BILLS

Senate Joint Resolution No. 1, by Senator Bowman, proposing an amendment to section one (1) of article VII of the constitution of the state of Iowa, relating to extending the credit of the state.

Be It Resolved by the General Assembly of the State of Iowa:

Section 1. That the following amendment to the constitution of the state of Iowa be and the same is hereby proposed, to-wit:

That section one (1) of article VII of the constitution of the state of Iowa be amended by adding thereto the following:

"Provided, however, the state may become indebted to establish and maintain a system of credits and thereby loan money and extend credit to resident citizens of the state upon rural real estate security, located in the state of Iowa, in such manner and upon such terms and conditions as may be prescribed by general law."

Resolved, Further, That the foregoing proposed amendment be and the same is hereby referred to the legislature to be chosen at the next general election for members of the next General Assembly, and that the secretary of state shall cause the same to be published for three (3) months previous to the day of said election as provided by law.

Read first and second times.

Senator Price moved that the reference of this joint resolution be deferred until the next legislative day after today, which motion prevailed.

SENATE CONCURRENT RESOLUTION

Senator Buser offered the following resolution and moved its adoption :

Resolved by the Senate, the House concurring, That when the extra session of the Fortieth General Assembly adjourns April 18th, it adjourn to reconvene Tuesday, December 4, 1923, at 10 o'clock a. m.

Senator Shaff moved the previous question, which motion prevailed, and the previous question was ordered.

On the question "Shall the resolution be adopted?" the vote was:

The following messages were received from the House:

MR. PRESIDENT: I am directed to inform your honorable body that the House has passed the following bill in which the concurrence of the Senate is asked:

House File No. 1, a bill for an act relating to the township road levy, the county road building levy and the road dragging levy.

Also, that the House has adopted the following concurrent resolution in which the concurrence of the House was asked:

Concurrent resolution providing for a recess of the extra session of the Fortieth General Assembly.

A. C. GUSTAFSON, Chief Clerk.

Senator Holdoegel moved that the rules be suspended and House File No. 1 be taken up and considered.

Senator Price raised the point of order that unanimous consent had not been granted to consider House File No. 1.

The President held the point not well taken as the question was on a motion and not unanimous consent.

Senator Price invoked rule 8.

On the question "Shall the motion prevail and the rules be suspended?" the vote was: