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Also, House file No. 155, a bill for an act to provide for the erection of monuments and tablets on the Vicksburg National Military park and to mark the positions occupied by Iowa brigades, regiments and batteries, to commemorate the valor and services of Iowa soldiers in the campaign and siege of Vicksburg; and to make an appropriation therefor.

Also, House file No. 437, a bill for an act to amend section one hundred sixty-five (165) of the code, providing for the sale of furniture and stores that are of no further use to the state.

Also, House file No. 170, a bill for an act for compulsory education.

E. K. WINNE,

Chairman Senate Committee.
J. P. LYMAN,

Chairman House Committee.

Ordered passed on file.

REPORT OF COMMITTEE ON ENROLLED BILLS.

MR. PRESIDENT:-Your committee on Enrolled Bills respectfully report that they have this day sent to the governor, for his approval, Senate file No. 268, a bill for an act to amend section five hundred eighty-six (586) of the code, relating to the care and maintenance of cemeteries by boards of township trustees.

Also, Senate file No. 267, a bill for an act to amend section twenty-six hundred four (2604) of the code, relating to the appointment of officers for the Soldiers' Home.

Also. Senate file No. 195, a bill for an act to amend section three thou. sand two hundred twenty-five (3225) of the code, relating to the support of families of persons adjudged to be insane.

Also, Senate file No. 141, a bill for an act authorizing the district court to appoint trustees to manage, control and invest funds donated for and on account of cemetery purposes.

Also, Senate file No. 337, a bill for an act defining the crime of sodomy. Also, Senate file No. 157, a bill for an act to validate certain conveyances of real estate in which the husband or wife conveyed the inchoate right of dower of the other spouse.

E. K. WINNE,

Chairman.

March 29, 1902.

The President resumed the chair at 4:10 P. M.

The President announced that he had signed, in the presence of the Senate, House files Nos. 437, 272, 170 and 155.

President pro tem Harriman was called to the chair at 4:15

P. M.

On motion of Senator Porter, House file No. 230, a bill for an act to require the county auditor to compile and prepare a financial report, and providing for the printing and distribution thereof, with report of committee recommending amendments, was taken up, considered and the report of the committee adopted.

Senator Porter moved the adoption of the following committee amendment:

Strike out all after the word "country," in the fourth line of section 2 of said bill.

Carried.

On motion of Senator Porter, further consideration of House file No. 230 was postponed, same to be taken up as unfinished business.

On motion of Senator Dowell, the Senate took up House messages.

HOUSE MESSAGES CONSIDERED.

Senate file No. 188, a bill for an act to legalize certain instruments in writing, which were defectively acknowledged.

Passed on file.

Senate file No. 290, a bill for an act amending section thirteen hundred thirty-four (1334) of the code, and repealing sections thirteen hundred thirty-five (1335), thirteen hundred thirty-six of the code, and enacting a substitute therefor in relation to railway taxation and providing for the publication of proceedings of said council and directing the payment of expenses provided for by

this act.

Passed on file.

House file No. 416, a bill for an act to amend sections seven hundred seventy-one (771), seven hundred seventy-three (773). seven hundred seventy-four (774) of the code, relating to the construction of viaducts over or under railroads on public streets and highways and to the compensation of owners of property abutting on such streets and highways.

Read first and second time and upon motion of Senator Dowell, by unanimous consent, was taken up for consideration at this time.

The bill was read for information.

Senator Dowell moved that the rule be suspended, and that the reading just had be considered its third reading, which motion prevailed.

On the question, Shall the bill pass?

The yeas were:

Senators Arthaud, Bachman, Classen, Courtright, Craig, Crossley, Dowell, Fitchpatrick, Garst, Harper, Harriman, Hayward, Hopkins, Hubbard, Junkin, Lambert, Lewis, Lister, Lyons, Porter, Smith of Des Moines, Smith of Mitchell, Spaulding, Tallman, Townsend, Winne, Young of Lee-27.

The nays were:

None.

Absent or not voting:

Senators Alexander, Allyn, Ball, Bishop, Blanchard, Brighton, Brooks, Bruce, Crawford, Griswold, Hartshorn, Hazelton, Healy, Hobart, Hogue, Mardis, Maytag, Moffit, Molsberry, Trewin, Whipple, Wilson, Young of Washington-23.

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

On motion of Senator Dowell, 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 6 of the code, relating to the construction of viaducts over or under railroads on public streets and highways and to the compensation of owners of property abutting on such streets and highways, and to enact a sustitute for said section seven hundred seventyfour (774), with report of committee recommending its passage, was taken up, considered, and indefinitely postponed for the reason that a bill of similar character had already passed the Senate.

So the bill was indefinitely postponed.

On motion of Senator Arthaud, the Senate took up Senate file No. 188, with House amendments.

The bill, as amended, was read for information.

Senator Arthaud moved that the Senate concur in the House amendments to Senate file No. 188.

On the question, Shall the Senate concur in the House amendments to Senate file No. 188?

The yeas were:

Senators Arthaud, Bachman, Ball, Blanchard, Classen, Courtright, Dowell, Fitchpatrick, Harper, Harriman, Hayward, Hopkins, Hubbard, Lewis, Lister, Lyons, Smith of Mitchell, Townsend, Young of Lee-19.

The nays were:

Senators Craig, Garst, Porter-3.

Absent or not voting:

Senators Alexander, Allyn, Brighton, Bishop, Brooks, Bruce, Crawford, Crossley, Griswold, Hartshorn, Hazelton, Healy, Hobart, Hogue, Junkin, Lambert, Mardis, Maytag, Moffit, Molsberry, Smith of Des Moines, Spaulding, Tallman, Trewin, Whipple, Wilson, Winne, Young of Washington--28.

So the bill, having failed to receive a constitutional majority, was declared lost.

Senator Porter moved to reconsider the vote whereby the Senate refused to concur in the House amendments to Senate file No. 188.

The Journal of Saturday, March 29th, was taken up, corrected and approved.

On motion of Senator Arthaud, the Senate adjourned.

SENATE CHAMBER,

DES MOINES, Tuesday, April 1, 1902.

Senate met in regular session at 9:30 o'clock A. M., President Herriott presiding.

Prayer was offered by Rev. A. E. Kepford of Ida Grove, Iowa.

PETITIONS AND MEMORIALS.

Senator Hartshorn presented petition of citizens of Kawau, in favor of limiting the duration of saloon consent petitions. Referred to committee on Suppression of Intemperance.

MESSAGES FROM THE HOUSE.

The following messages were 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. 425, a bill for an act authorizing the executive council to sell and convey two islands newly formed by accretion in the Mississippi river and located in sections 3 and 4 in township 77, north of range 3 east of the 5th P. M. in Scott county, the same being west of the main channel of said Mississippi river and adjacent to the Iowa shore.

Also:

C. R. BENEDICT.
Chief Clerk.

MR. PRESIDENT-I am directed to inform your honorable body that the House has concurred in Senate amendments to House file No. 273, a bill for an act to amend section six hundred sixty-one (661) and section six hundred seventy-four (674), relating to assessors in cities and towns,

Also:

C. R. BENEDICT,
Chief Clerk.

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:

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