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JOURNAL OF THE SENATE

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SENATE CHAMBER,
DES MOINES, IOWA, DECEMBER 6, 1923.

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

Prayer was offered by the Rev. John A. Kettle, pastor of the Methodist Episcopal church, of Odebolt, Iowa.

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

PETITIONS AND MEMORIALS

The following petitions were presented :

By Senator Schmedika, from Antioch Lodge, No. 617, A. F. and A. M., Radcliffe, Iowa, urging revision of the law respecting the reading of the Bible in public schools. Referred to committee on public schools.

By Senator Schmedika, from the trustees of Lincoln Township, Hamilton County, asking the amendment of the law relating to proportionment of automobile tax. Referred to committee on judiciary No. 2.

By Senator Schmedika, from the town council of Webster City, urging the amendment of the law regulating expenditure of the primary road fund. Referred to committee on highways.

Petitions from the Modern Woodmen of America protesting legislation requiring or permitting fraternal beneficiary societies to segregate their funds were presented by Senator Schmedika from Jewell Camp No. 2316, Jewell, Iowa; from Eldora Camp No. 394, Eldora, Iowa; from Maple Camp No. 100, Iowa Falls, Iowa, and from Boone Valley Camp No. 3651, Eagle Grove, Iowa. Referred to committee on insurance.

MESSAGES FROM THE HOUSE

The following messages was 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. 61, a bill for an act to amend, revise, and codify chapter twenty-three (23) of title five (5) of the compiled code of Iowa, relating to gold and silver alloy.

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

House File No. 210, a bill for an act to amend, revise, and codify sections sixty-two hundred five (6205) and sixty-two hundred six (6206) of the compiled code of Iowa, relating to unfair discrimination.

A. C. GUSTAFSON, Chief Clerk.

HOUSE MESSAGES CONSIDERED

House File No. 61, a bill for an act to amend, revise, and codify chapter twenty-three (23) of title five (5) of the compiled code of Iowa, relating to gold and silver alloy.

Read first and second times and referred to committee on code revision.

House File No. 210, a bill fór an act to amend, revise, and codify sections sixty-two hundred five (6205) and sixty-two hundred six (6206) of the compiled code of Iowa, relating to unfair discrimination.

Read first and second times and referred to committee on judiciary No. 1.

On motion of Senator Ethell the senators who were absent were excused from the call of the Senate on the question of the election of a president pro tem.

Senator Abben moved that the Senate go into executive session for the purpose of electing a president pro tem.

Senator Campbell raised the point of order that under rule 3 of the Senate rules, the president pro tem. was elected for the same period of time as the Lieutenant Governor.

Senator Brookhart raised the further point of order that this is not a subject for an executive session. Also that under sections 18 and 19 of the constitution of the state of Iowa the term of office of president pro tem of the Senate is to be construed as co-extensive with that of president of the Senate, and there is no vacancy until the next regular legislative session,

The President remarked as follows:

“The question presented by the point of order raised by the Senator from Ida on the fourth day of December, and again today, raises the question as to whether or not there is now a vacancy in the office of the Senate filled by the election of a president pro tem. of the Senate at the regular session which terminated April 17, 1923,

The inquiry is, by what authority and for what term was the office filled? The matter appears to be governed by Rule 3, which is as follows:

“The Senate shall, at its pleasure, elect a president pro tem, who shall hold his office during the remaining portion of the time for which the president was elected; and when the president shall, from any cause, be absent, the president pro tem shall preside, except when the chair is filled by appointment by the president."

Under this rule the term of the president pro tem. expires with the term of the president of the Senate. The term of the president expires January, 1925. I do not deem it within my province to determine the validity of the rule. You are a legislative body. You have adopted your own rules for your government. It is my duty as the presiding officer to determine this question under the rule as a parliamentarian and not as a judicial oficer. Viewing the matter from a parliamentary standpoint, the point of order must be sustained.

This ruling also applies to the point of order raised by the Senator from Washington."

PROOF OF PUBLICATION

I hereby certify that there has been filed with the Secretary of the Senate, the proof of publication of a proposed bill for the legalization of certain warrants and bonds of the city of Council Bluffs, Iowa.

L. W. AINSWORTH, Secretary of the Senate.

AMENDMENT TO RESOLUTION By unanimous consent on request of Senator Dutcher, the words "former members of the’’ were inserted after the first word “The's in paragraph 2 of section 5 of the resolution found on page 25 of the Senate Journal.

Senator Dutcher moved that it be the sense of this Senate that from next Tuesday until the adjournment of the Senate for the holiday recess, that the former members of the code commission be present at the state house ready to respond to the requests of the chairmen of the respective committees to which the bills have been referred, or other members of the Senate, to answer such inquiries as may be put to them, and that the retrenchment and reform committee be authorized to make arrangements for their compensation.

Senator Buser raised the point of order that Senator Dutcher's motion was out of order, inasmuch as this authority had already been conferred by action of the Fortieth General Assembly, chapter 330, section 7.

The President held the point well taken.

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Senator Dutcher withdrew the latter part of his motion, referring to compensation.

Senator Buser raised the point of order that the whole general authority conveyed in this motion had already been vested in the retrenchment and reform committee and the motion was out of order.

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Senator Dutcher withdrew his motion.

The Journal of December 5th was corrected and approved.

On motion of Senator Shane, the Senate adjourned until 10:00 a. m. Friday.

JOURNAL OF THE SENATE

SENATE CHAMBER,
DES MOINES, IOWA, DECEMBER 7, 1923.

The Senate met in regular session, Col. L. W. Ainsworth, secretary of the Senate, presiding on account of the absence of both the President and president pro tem.

Prayer was offered by Col. Ainsworth.

Senator Stoddard placed in nomination Senator Ethell for temporary president.

Senator Ethell refused the nomination.

Senator Abben then placed in nomination for temporary president Senator Scott.

Senator Scott was elected and a committee of two, composed of Senators Stoddard and Kimberly, was appointed to escort him to the President's chair.

Senator Scott addressed the Senate briefly.

LEAVE OF ABSENCE

Leave of absence was granted as follows:

Senator Haskell for the day on request of Senator Hale; Senator Shaft for the day on request of Senator Newberry; Senator Cessna until Monday on request of Senator Shinn; Senator Darting for the day on request of Senator Stoddard; Senator McIntosh for remainder of week on request of Senator Price; Senator Bowman for the day on request of Senator Price.

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PETITIONS AND MEMORIALS

The following petitions were presented, and referred to the designated committees :

By Senator Wichman, from city council of Hampton, urging amendment of law relating to primary road funds. Judiciary No. 1.

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