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Sec. 5a-2. If a majority of those voting at such election shall favor such proposition, then the council of such city or town shall present to the district court of the county in which the city or town is situated, or if in more than one county, the county in which the major part of such city or town is situated, a petition describing the territory to be annexed, and stating that the same was proposed to be annexed to said city or town, giving the name of each owner of real estate in such territory to be annexed, and the description of territory owned by each and attaching thereto a plat of such territory.

Sec. 5a-3. Notice of the filing of such petition shall be given by publication in a newspaper published in said city or town if one so published, or if none so published, then in one published in Iowa of general circulation therein, once each week for two consecutive weeks, and by posting in five public places in the territory desired to be annexed for the same period.

Sec. 5a-4. The corporation in such action shall be plaintiff, the owners defendants, and issue joined and the case tried as an action in equity, so far as applicable, (but no costs shall be taxed against any defendant). If the court finds the allegations of the petition true, and that justice requires the annexation of said territory or any part thereof, a decree shall be entered accordingly and from that time the territory described in such decree shall be included in said corporation and the same record and certified copies thereof shall be made and filed as provided in case of incorporation,

3rd. Amend Sec. 6 by striking from lines 10 and 11 the words "shall be published once in two newspapers of general circulation in both cities or towns” and by inserting in lieu thereof, "shall be published once in a newspaper, if any published in each of said cities or towns, when none so published in one or both of said cities or towns, then in a newspaper published in Iowa of general circulation in both cities or towns.”

4th. Amend Sec. 9 by inserting after the word "newspaper" in line 9 thereof the words, "published in said city or town, if none so published then in one published in Iowa.” Strike from lines 10 and 11 of said section all after the word "town” in line 10 and inserting after the word "town” a period.

5th. Amend the title by inserting after the last comma in line 4 thereof the words and figures “Thirty-four hundred eighty-four (3484).

6th. By placing the sub-title found on page four of the bill to precede Sec. 5a-1 and amending the same by striking out the comma after the word "conclusive" in line 2 and inserting in lieu thereof the following words and figures, “Sec. Thirty-four hundred eighty-four (3484).".

W. G. HASKELL, Chairman. Ordered passed on file.

Also:

Me. PRESIDENT: Your committee on cities and towns to which was relerred House File No. 258, a bill for an act relating to municipal corpo

rations-commission form of government, begs leave to report it has had the same under consideration and recommends the same be amended as follows; and when so amended the bill do pass:

Amend by adding the following sections:

Section 30. The population in this act referred to shall be the popula. tion 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.

Section 31. Publication Clause: This act being deemed of immediate importance shall take effect and be in full force and effect from and after its publication in the Des Moines Capital and in the Des Moines Register, newspapers printed in Des Moines, Iowa.

W. G. HASKELL, Chairman. Ordered passed on file.

Senator Reed submitted the following report :

MR. PRESIDENT: Your committee on judiciary No. 1 to which was referred Senate File No. 229, a bill for an act to amend, revise, and codify sections seven thousand two hundred three (7203), seven thousand two hundred eight (7208), seven thousand two hundred nine (7209), seven thousand two hundred twelve (7212), seven thousand two hundred eighteen (7218), and seven thousand two hundred twenty-two (7222) of the compiled code of Iowa, relating to pleadings, begs leave to report it has had the same under consideration and recommends the same be amended as follows; and when so amended the bill do pass:

1st. Amend by striking out the word "request" in line 4 of Sec. 2 and inserting in lieu thereof the words “on motion".

2nd. Amend by striking out the word "application” in line 3 of Sec. 3 and inserting in lieu thereof the word "motion"; also by striking out the word “may” in line 3 of Sec. 3.

3rd. Amend Sec. 5 by striking out lines 2 and 3 and inserting in lieu thereof the following: "five (5) days thereafter unless the parties agree to a longer time or the court, before or after the expiration of said time, shail extend the same."

4th. Renumber Sec. 8 as section 9 and insert the following as section 8:

“When any ground of demurrer or of motion to dismiss, as the case may be, does not appear on the face of the petition, cross petition, or counterclaim the issue may be raised by answer or reply."

CARL W. REED, Chairman. Ordered passed on file.

Also:

MR. PRESIDENT: Your committee on judiciary No. 1 to which was referred House File No. 278, a bill for an act to amend, revise, and codify section nine thousand and one (9001) of the compiled code of Iowa, re

lating to escapes, begs leave to report it has had the same under consideration and recommends the same do pass.

CARL W. REED, Chairman. Ordered passed on file.

Also:

MR. PRESIDENT: Your committee on judiciary No. 1 to which was referred Senate File No. 215, a bill for an act to amend, revise, and codify section sixty-six hundred thirty (6630) of the compiled code of Iowa, and section sixty-six hundred twenty-nine (6629) of the supplement to said code, relating to divorce and the remarriage of divorced persons, begs leave to report it has had the same under consideration and recommends the same be indefinitely postponed.

CARL W. REED, Chairman. Ordered passed on file.

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Senator Cessna submitted the following report: MR. PRESIDENT: Your committee on departmental affairs to whom was referred Senate File No. 15, a bill for an act to amend, revise, and codify chapter thirteen (13), title two (2), of the compiled code of Iowa and of the supplement to said code; also sections seven hundred fourteen (714) and seven hundred fifteen (715) of said code, and section one hundred eighteen-a one (118-al) the supplement to said code, relating to the fi ing and auditing of claims against the state, begs leave to report it has had the same under consideration and recommends the same be amended as follows; and when so amended the bill do pass:

1. Amend by substituting a semi-colon (;) for the period (.) following the word “drawn" in line five of section three, and by adding “provided, however, that no claim shall be allowed when the same will exceed the amount appropriated for any department, office, bureau, commission or institution, under the state government."

2. Amend section four (4) by striking the period (.) at the end thereof and by substituting a comma (,) therefor, and by adding “and no part of Said claim has been paid."

3. Amend secticn seven-a one (7-al) by substituting a period .(.) for the comma (,) following the word “counsel” in line six (6) and by striking lines seven (7) and eight (8).

T. C. CESSNA, Chairman. Ordered passed on file.

Senator Wichman submitted the following report:

MR. PRESIDENT: Your committee on elections to which was referred Senate File No. 23, a bill for an act relating to nomination and election of supreme, district, and superior judges, begs leave to report it has had the same under consideration and recommends the same be amended as follows; and when so amended the bill do pass:

1. Amend Sec. 4, line 2, by striking out the word “as” and substituting therefor the word "that".

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2. Amend Sec. 6, line 2, by striking out the word “judges" and substituting therefor the word “judge” and by inserting between the words "and" and “transact” the word “may”.

3. Amend Sec. 7, line 3, by striking the word “provided” and inserting therefor the word "except”.

4. Amend Sec. 8, line 4, by striking the word "not" after “shall" and inserting the word "not" after the word "held”.

5. Amend Sec. 11, line 2, by inserting after the word “specified” the words "for that county".

6. Amend Sec. 12, line 2, by striking the word "said" and inserting the word “such” and by striking from line 4 after the word "court” the words “in said district”.

7. Amend Sec. 14, line 4, by striking the words “by law" and substituting the words "under existing law".

8. Amend Sec. 16 by striking from line 2 the words "same” and “as”.

9. Amend Sec. 18 by striking lines 1, 2 and 3 and substituting therefor the following: “Judges of Superior Courts shall be nominated and elected in the manner provided by law for the nomination and election of other elective officers in the cities where such courts are located".

J. E. WICHMAN, Chairman.

Ordered passed on file.

REPORT OF JOINT COMMITTEE ON ENROLLED BILLS

Senator Gilchrist from the joint committee on enrolled bills, submitted the following report, and moved its adoption:

MR. PRESIDENT: Your joint committee on enrolled bills respectfully reports that it has examined and finds correctly enrolled Senate File No. 139 and House File No. 282.

F. C. GILCHRIST, Chairman Senate Committee.

C. F. LETTS, Chairman House Committee. Report adopted.

SENATE INSISTS ON AMENDMENTS TO HOUSE FILE NO. 276

Senator Ethell called up for consideration House File No. 276, the House having refused to concur in the Senate amendments thereto.

Senator Gilchrist moved that the Senate insist on its amendments, which motion prevailed.

President pro tem. Price appointed as conference committee on the part of the Senate on House File No. 276 Senators Gilchrist, Buser, Caldwell and Haskell.

SENATE FILE NO. 263 RECONSIDERED

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Senator Gilchrist called up for consideration his motion to reconsider the vote by which Senate File No. 263 failed to pass the Senate.

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The motion to reconsider prevailed.

Senator Gilchrist moved that the vote by which Senate File No. 263 passed to its third reading be reconsidered which motion prevailed.

On motion of Senator Banta, the vote was reconsidered by
which the following amendments were adopted :

Amend section 4 of Senate File No. 263 by inserting immediately fol-
lowing line 4 the following paragraph:
"2. State fair board."
Renumber the following paragraphs as 3, 4, 5, 6, 7, and 8.

The motion prevailed.

The amendment was then considered and lost.

The bill was read for information.

Senator Gilchrist 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.

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