On motion of Senator Crossley, Senate file No. 133, a bill for an act relating to the granting of state certificates and life diplomas to teachers upon the diplomas issued by certain institutions when pedagogical preparation shall have been included in the course of study leading thereto, with report of committee recommending its passage, was taken up, considered and the report of the committee adopted, and laid over. The Journal of yesterday was taken up, corrected and approved. Senator Dowell moved that the Senate do now adjourn. Carried. Senate adjourned. Senate met in regular session at 9:30 o'clock A. M., President Herriott presiding. Prayer was offered by Rev. T. A. Trimble of Riceville, Iowa. HOUSE MESSAGE CONSIDERED. House refuses to adopt the conference committee report on Senate concurrent resolution, relative to the bill now pending in congress, defining conspiracy, introduced into senate by Senator Hoar of Massachusetts, and known as Senate file No. 1118. Passed on file. REPORT OF COMMITTEE. Senator Trewin, from the committee on Cities and Towns, submitted the following report: MR. PRESIDENT-Your committee on Cities and Towns, to whom was referred Senate file No. 340, a bill for an act to amend section two (2) of chapter twenty-five (25), of the acts of the Twenty-eighth General Assembly relating to disbursement of tax money levied and collected for and on account of waterworks, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the Senate with the recommendation that the same do pass. J. H. TREWIN, By unanimous consent, on motion of Senator Crawford, the Senate took up and considered Senate file No. 340 at this time. On motion of Senator Crawford the report of the committee recommending passage was adopted. The bill was read for information. Senator Crawford moved that the rule be suspended, and that the bill be considered engrossed and the reading just had be con. sidered the third reading, which motion prevailed. On the question, Shall the bill pass? The yeas were: Senators Alexander, Allyn, Arthaud, Ball, Bishop, Blanchard, Brooks, Bruce, Classen, Courtright, Craig, Crawford, Crossley, Garst, Griswold, Harper, Harriman, Hartshorn, Hogue, Hopkins, Lambert, Lewis, Lister, Lyons, Mardis, Moffit, Porter, Smith of Des Moines, Smith of Mitchell, Spaulding, Trewin, Whipple, Wilson, Winne, Young of Lee, Young of Washington-36. The nays were: None. Absent or not voting: Senators Bachman, Brighton, Dowell, Fitchpatrick, Hayward, Hazelton, Healy, Hobart, Hubbard, Junkin, Maytag, Molsberry, Tallman, Townsend-14. So the bill, having received a constitutional majority, was declared to have passed the Senate and its title agreed to. REPORTS OF COMMITTEES. Senator Alexander, from the committee on Cities and Towns, submitted the following report: MR. PRESIDENT-Your committee on Cities and Towns, to whom was referred Senate file No. 214, a bill for an act to amend sections seven hundred seventy (770), seven hundred seventy-one (771), seven hundred seventy-three (773), and to repeal section seven hundred seventy-four (774) of chapter six (6) of the code, relating to the construction of viaducts over or under railroads on public streets or highways, and to the compensation of owners of property abutting on such streets and highways, and to enact a substitute for said section seven hundred seventy four (774), beg leave to report that they have had the same under consideration and have instructed me to report the same back to the Senate with the recommendation that the accompanying bill be substituted and that the same do pass. SUBSTITUTE FOR SENATE FILE NO. 214. A bill for an act to amend sections seven hundred and seventy-one (771), seven hundred and seventy-three (773), and seven hundred and seventy four (774) of chapter six (6), title five (5) of the code, relating to the construction of viaducts over and under railroads on public streets and to the compensation of owners of property abutting on such streets and highways. Be it Enacted by the General Assembly of the State of Iowa: Section 1. That section seven hundred and seventy-one (771) of the code be and the same is hereby amended by adding after the word "fund" in the last line of said section, the following towit: "or in cities having a population of fifty thousand (50,000) or over, from other available fund or funds." Sec. 2. That section seven hundred and seventy-three (773) of the code be and the same is hereby amended by inserting after the word "council” and before the word "after", in the fifth line of said section, the following, towit: "The council shall fix a time and place where it shall consider such matters and any objections that may be made to the construction of such viaduct and the approaches thereto. Not less than twenty days' written notice of such hearing shall be given to the company or companies owning or operating the track or tracks over or under which it is proposed to construct such viaduct. Said notice may be served in the same manner and upon the same persons or officers as in the case of an original notice. Such cities shall have power to regulate the use of such viaducts, and to authorize or forbid the use thereof by street railway companies and to require the payment of compensation for such use." Sec. 3. That section seven hundred seventy-four (774) of the code be and the same is hereby amended by inserting after the word "may" and before the word "construct," in the fourth line thereof, the following, towit: "enforce the construction, maintenance or repair of such viaduct and approaches by proceedings in mandamus and the court shall require the issues to be made up at the first term to which such action is brought and shall give the same precedence over other civil business. Refusals to comply with, or violations of, the orders of the court in such proceedings may be punished as contempts, by fine and imprisonment as provided in section 2119 of the code; or the city may." Sec. 4. This act, being deemed of immediate importance, shall take effect and be in force from and after its publication in the Iowa State Register and the Des Moines Leader, newspapers published at Des Moines, Iowa. J S. ALEXANDER, Read first and second time and passed on file. Senator Fitchpatrick, from the committee on Charitable Institutions, submitted the following report: MR. PRESIDENT-Your committee on Charitable Institutions, to whom was referred House file No. 228, a bill for an act to provide for the admis sion and maintenance of feeble-minded children at Glenwood, and the maintenance thereof, beg leave to report that they have had the same under consideration and have instructed me to report the same back to the Senate with the recommendation that the same do pass. J. A. FITCHPATRICK, Chairman. Ordered passed on file. THIRD READING OF BILLS. On motion of Senator Young of Lee, Senate file No. 229, a bill for an act amendatory of chapter four (4), title ten (10) of the code, to enable the United States of America to take private property for public improvements, with report of committee recommending amendments, was taken up, considered and the report of the committee adopted. Senator Young of Lee moved the adoption of the following committee amendments: Amend as follows: By striking from the last line of the first paragraph the word "this" and inserting in place thereof the words "chapter four (4), title ten (10) of the" Carrried. Senator Young of Lee moved that the rule be suspended, and that the bill be considered engrossed and read a third time now, which motion prevailed, and the bill was read a third time. On the question, Shall the bill pass? The yeas were: Senators Alexander, Allyn, Arthaud, Bachman, Ball, Bishop, Blanchard, Brooks, Bruce, Classen, Courtright, Craig, Crawford, Crossley, Dowell, Garst, Griswold, Harper, Harriman, Hartshorn, Hazelton, Healy, Hogue, Hopkins, Junkin, Lambert, Lewis, Lister, Lyons, Mardis, Maytag, Moffit, Porter, Smith of Des Moines, Spaulding, Tallman, Townsend, Trewin, Whipple, Wilson, Young of Lee, Young of Washington-42. The nays were: None. Absent or not voting: Senators Brighton, Fitchpatrick, Hayward, Hobart, Hubbard, Molsberry, Smith of Mitchell, Winne-8. |