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(704) of the compiled code of Iowa, relating to the administration of oaths, with report of committee recommending passage, was taken up, considered, and the report of the committee adopted.

Senator Brookhart offered the following amendments and moved their adoption:

Amend section one (1) by inserting after the word "superior" in line 7 thereof, the word "police”.

Amend section two (2) by inserting after the word “clerks" in line 10 thereof, the words "assessors".

The amendments were adopted.

Senator Price offered the following amendment and moved its adoption:

Amend by striking out the colon at the end of line 2 of section 1 and adding the following: "within their respective territorial jurisdiction:"

The amendment was lost.

Senator Thurston offered the following amendment and moved its adoption:

Amend subsection 2 of section 1 by substituting a comma (,) for the period (.) after the word "courts" in line 6 and by adding thereto the following: "or any commissioner or referee duly appointed by an officer named in subsection 1 hereof".

Senator Thurston withdrew his amendment.

Senator Bowman moved that Senate File No. 39 be rereferred to the judiciary committee No. 2.

Senator Bowman withdrew his motion.

Senator Brookhart offered the following amendment and moved its adoption:

Amend by transposing subsection 2 of section 1, making it subsection 6 of section 2.

Senator Wichman offered the following substitute amendment and moved its adoption:

Amend section one (1) by striking out subdivision two (2) thereof and renumbering the remaining subdivisions.

The substitute amendment was lost.

Senator Brookhart withdrew' his amendment.

Senator Bowman moved that Senate File No. 39 be rereferred to the committee on judiciary No. 2.

The motion was lost.

Senator Smith moved the previous question, which motion prevailed.

By unanimous consent on request of Senator Price, Senator Brookhart was permitted to offer an amendment.

Senator Brookhart offered the following amendment and moved its adoption:

Amend by changing the period (.) at the end of line 6 of section 1 to a comma (,) and adding the following: "to witnesses in any court where they are acting in their official capacity, or in taking depositions."

The amendment was adopted.

The bill was read for information.

Senator Brookhart moved that the reading just had be considered the third reading, which motion prevailed.

On the question “Shall the bill pass ?”' the vote was:

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The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to.

On motion of Senator Scott, Senate File No. 221 was rereferred to the committee on judiciary No. 2.

On motion of Senator Brookhart, Senate File No. 239, a bill for an act to amend, revise, and codify section seven thousand nine hundred ten (7910) of the compiled code of Iowa, relating to distribution of intestate property, with report of committee recommending passage, was taken up, considered, and the report of the committee adopted.

The bill was read for information.

Senator Brookhart moved that the reading just had be considered the third reading, which motion prevailed.

On the question “Shall the bill pass ?” the vote was:
Ayes, 47.
Abben
Dutcher
Mantz

Shaff
Baird
Fulton
Mead

Shane
Banta
Gilchrist
Nelson

Shinn
Bergman
Goodwin
Newberry

Slosson
Bowman
Hale
Olson

Snook
Brookhart
Hartman
Perkins

Stoddard
Brookins
Haskell
Price

Thurston
Browne
Holdoegel
Reed

Tuck
Buser
Horchem
Rees

White
Caldwell
Johnston
Romkey

Wichman
Cessna
Kimberly

Schmedika
Darting
McIntosh

Scott
Nays, none.
Absent or not voting, 3.

Adams
Ethell

Smith The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to.

On motion of Senator Brookhart, Senate File No. 271, a bill for an act to amend, revise, and codify section eighty-one hundred twenty-three (8123) of the compiled code of Iowa, relating to abstracts of title in partition proceedings, with report of committee recommending passage, was taken up, considered, and the report of the committee adopted.

The bill was read for information.

Senator Brookhart moved that the reading just had be considered the third reading, which motion prevailed.

On the question “Shall the bill pass ?” the vote was:

Ayes, 48. Abben Baird Banta Bergman Bowman Brookhart Brookins Browne

Buser
Caldwell
Campbell
Cessna
Darting
Dutcher
Ethell
Fulton

Gilchrist
Goodwin
Hale
Hartman
Haskell
Holdoegel
Horchem
Johnston

Kimberly
McIntosh
Mantz
Mead
Nelson
Newberry
Olson
Perkins

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The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to.

By unanimous consent, Senator Brookhart withdrew Senate File No. 61 from further consideration.

RULING OF ATTORNEY GENERAL ON MILEAGE

STATE OF IOWA

DEPARTMENT OF JUSTICE

DES MOINES, December 12, 1923. HONORABLE JOHN HAMMILL, Senate Chamber, Building. Dear Governor Hammill:

You have submitted to this department the question as to whether or not members of the General Assembly may draw mileage for the special session.

The facts giving rise to the question are in substance these: The Governor issued his call for a special session, advising the members of the General Assembly of his desire that they meet on the day following the adjourning of the Fortieth General Assembly. The members did not return to their homes prior to the convening of the special session.

Section 25 of Article III of the Constitution provides in words as follows;

"Each member of the first general assembly under this constitution shall receive three dollars per diem while in session; and the further sum of three dollars for every twenty miles traveled in going to and returning from the place where such session is held, by the nearest traveled route; after which they shall receive such compensation as shall be fixed by law; but no general assembly shall have the power to increase the compensation of its members. And when convened in extra session they shall receive the same mileage and per diem compensation as fixed by law for the regular session, and none other."

Section 12 of the supplement to the code, 1913, provides as follows:

"The compensation of the members of the general assembly shall be: To every member, for each full regular session one thousand dollars, and for each extra session the same compensation per day while in session, to be ascertained by the rate per day of the compensation of the members of

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the general assembly at the preceding regular session; and in going to and returning from the place where the general assembly is held, five cents per mile, by the nearest traveled route; but in no case shall the compensation for any extra session exceed ten dollars per day, exclusive of mileage. When a vacancy occurs during the session of the general assembly, and by reason thereof the term of office of any member does not cover the entire session such members shall be paid as follows: To members whose term of office covers fifteen session days, or less, three hundred dollars; to members whose term of office covers more than fifteen session days, and less than thirty-one such days, five hundred dollars; to members whose term of office covers more than thirty session days, and less than fifty-one such days, seven hundred dollars; and to members whose term of office covers more than fifty session days, one thousand dollars."

The history of the convening of the extra session of the Fortieth General Assembly is of importance in determining the question submitted by you. This department is informed that the true purpose and intent of the Governor in calling the session was to have the session meet formally after the adjournment of the regular session for the purpose of determining the date when they should reconvene for the purpose of revising the code. It was the clear purpose that this should be the procedure. It was fully understood that the members would be required to return to their homes and return to the State Capitol for the purposes of the special session. It cannot be said, then, that the legislature did not, as a matter of fact, travel the same number of miles for the extra session as for the general session immediately preceding. It would seem therefore, without a construction of the statute or of the constitutional provision, that the members would be entitled to mileage. The expense has been actually incurred in good faith.

However, from a reading of the debates of the constitutional convention, found on pages 30, 84, 528, and 551, it will be observed that the true intent of this constitutional provision was to have the members receive the same per diem as for the preceding regular session, and the same mileage. The mileage being for the distance by the nearest traveled route from the home of the legislator to the State Capitol Building.

Respectfully submitted,

BEN J. GIBSON, Attorney General.

MESSAGES FROM THE HOUSE

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

House Joint Resolution No. 1, fixing the compensation of officers and employees of the special sess on of the Fortieth General Assembly.

Also: That the House has adopted the joint rules of the Fortieth General Assembly as the rules for the special session.

Also: That the House has passed the following bill in which the concurrence of the Senate is asked:

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