JOURNAL OF THE SENATE

SENATE CHAMBER,

DES MOINES, IOWA, DECEMBER 31, 1923.

The Senate met in regular session, President John Hammill presiding.

Prayer was offered by Col. L. W. Ainsworth, secretary of the Senate.

On motion of Senator Price rule 33 was suspended for the day.

LEAVE OF ABSENCE

Leave of absence was granted as follows: Senator Baird for the day, on request of Senator Buser; Senator Browne for the day, on request of Senator Buser; Senator Newberry for the day, on request of Senator Buser; Senator Hartman for the day, on request of Senator Buser.

Senator Mead moved that the roll be called and all Senators absent be excused for the day.

The motion prevailed and the following Senators were excused:

PETITIONS AND MEMORIALS

The following petitions of the Modern Woodmen of America were presented, and referred to the committee on insurance:

By Senator Banta, from Camp No. 1801, Brandon; by Senator Banta, from Camp No. 2605; by Senator Brookins, from Camp No. 242, New Hampton; by Senator Schmedika, from Camp No. 3554, Rudd; and by Senator Ethell, from Camp No. 3553, Centerville.

SENATE CONCURRENT RESOLUTION NO. 7

Senator Buser offered the following Senate concurrent resolution : Whereas, the fundamental principle underlying a budget system is directly antagonistic to that of standing appropriations, and

Whereas, there are numerous sections of the law of Iowa providing standing appropriations for various purposes, and

Whereas, the code commissioners' bills treat only a few of said sections,

and

Whereas, according to the provisions of the resolution regulating the introduction of bills during the extraordinary session of the Fortieth General Assembly, a bill amending the sections of law above alluded to, introduced by an individual member, would be a violation of said resolution, therefore

Be It Resolved by the Senate, the House concurring: That the code commissioners, Mr. Mabry, Mr. Trewin, and Mr. Whitney, are hereby in structed to prepare and submit, as code commissioners' bill No. 284, a bili amending all the sections of the law authorizing standing or annual appropriations, not treated by other code commissioners' bills, in such manner that the authorization therein contained providing for such stand ing or annual appropriations shall terminate July 1, 1925.

The resolution was laid over under the rules.

THIRD READING OF BILLS

On motion of Senator Caldwell Senate File No. 263, a bill for an act to amend, revise, and codify sections two hundred fortyone-a four (241-a4), two hundred forty-one-a sixty-four-b (241-a64b), two hundred forty-one-a sixty-four-c (241-a64c), two hundred forty-one-a sixty-five (241-a65), and two hundred fortyone-a seventy-four (241-a74) of the supplement to the compiled code of Iowa, relating to the state printing board and to the public reports of various public offices, was taken up and considered, the report of the committee having been previously adopted.

Senator Banta offered the following amendments and moved their adoption:

Amend by adding the following: "That section one hundred one-a one (101-a1) of the supplement to the compiled code of Iowa is amended, revised, and codified to read as follows:

Sec. 7. Iowa Official Register. The superintendent of printing shall, in odd-numbered years, compile for publication the Iowa official registe. which shall contain historical, political and other statistics of general value, but nothing of a partisan character."

Also amend by inserting after the word "sections" in the first line of the title the following: "one hundred one-a one (101-a1),”.

The amendments were adopted.

Senator Price offered the following amendment and moved its adoption:

Amend by striking out subsection 5 of section 6, being line 11, and renumbering the following subsections.

Senator Bowman moved that further action be deferred until a larger percentage of Senators is present.

Senator Price moved to amend the motion by making the time Thursday of this week.

The amendment was adopted.

The motion prevailed and further action on Senate File No. 263 was deferred until Thursday.

MESSAGE FROM THE HOUSE

The following message was received from the House:

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

Senate File No. 227, a bill for an act to amend, revise, and codify section seven thousand one hundred forty-eight (7148) of the compiled code of Iowa, relating to the place of bringing actions."

A. C. GUSTAFSON, Chief Clerk.

HOUSE AMENDMENTS CONSIDERED

Senator Reed called up for consideration Senate File No. 227, amended by the House, and moved that the Senate concur in the following amendments:

Amend by striking out of line 3, the following: "improvement," after the word "highway" as inserted by the Senate amendment.

Amend by striking out of line 3, the words inserted by the Senate amendment "or for any breach of”.

Amend line 5 by striking out the words "work thereof" and inserting in lieu thereof the following: "contract or work thereunder”.

Senator Price invoked rule 8.

On the question "Shall the Senate concur?" the vote was:

The House amendments having received a constitutional majority were declared to have been adopted and concurred in by the Senate.

THIRD READING OF BILLS

On motion of Senator Goodwin House File No. 258, a bill for an act to amend, revise, and codify sections forty-two hundred nineteen (4219), forty-two hundred nineteen-a one (4219-al), and forty-two hundred twenty-four (4224) of the supplement to the compiled code of Iowa, relating to the nomination and election of officers, employees, and assistants in cities acting under the commission form of government, with report of committee recommending amendment and passage, was taken up, considered, and the report of the committee adopted.

The following committee amendment was adopted:

Amend section 25, line 15 thereof, by striking out the word "or" and inserting the words "and are" in lieu thereof.

Senator Horchem offered the following amendment and moved its adoption:

Amend by adding after section 1, the following:

"Sec. 1-al. Population defined.

The population in the sections of this chapter referred to shall be the population as shown by the last preceding state or national census excepting where such census of any such city shows a less population than at the time the voters of such city adopted the plan of government in this chapter provided for, in which case the population shown by the census immediately preceding such adoption shall govern."

The amendment was adopted.

Senator Goodwin moved that the bill be read a third time now, which motion prevailed, and the bill was read a third time.

On the question "Shall the bill pass?" the vote was:

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

By unanimous consent Senator Goodwin withdrew Senate File No. 258 from further consideration.

Senator Price moved that the rules committee be instructed to prepare a rule by which one or more Senators may make a motion that a bill be referred out of the committee under rule 31 and authorizing some one to withdraw bills from further consideration, which motion prevailed.

Senator Buser moved that the vote by which House File No. 258 passed the Senate be reconsidered which motion prevailed.

Senator Buser moved that the vote by which House File No. 258 went to its third reading be reconsidered, which motion prevailed.

Senator Buser moved that the vote by which Senator Horchem's amendment was adopted be reconsidered, which motion prevailed. Senator Horchem withdrew his amendment.

On the question "Shall the bill pass?" the vote was: