2 O'CLOCK, P. M.

Mr. Hammer offered the following resolution:

Resolved, That the Judiciary Committee be requested to report, immediately, on the report of the Code Commissioners, and said committee be discharged from further consideration of said report. Mr. Rankin moved to make the resolution the special order tomorrow morning at 9 o'clock.

Mr. Drummond moved to lay the resolution on the table, which motion prevailed.

Mr. Drummond moved to re-consider the vote, by which the resolution to hold but one session per day, was passed.

Mr. Rankin moved a call of the Senate, which was sustained. The following Senators were found to be absent, but not excused: Angle, Brown, Davis of Clinton, Duncombe, Hastings and Neal.

Mr. McPherson moved that the Sergeant-at-Arms be dispatched for the absentees, which motion was adopted.

On motion of Mr. Drummond, further proceedings under the call were dispensed with.

The question being upon the motion to re-consider, it was concurred in.

On motion of Mr. Drummond, the resolution was laid on the table.

Senate adjourned.

SENATE CHAMBER,

Wednesday, February 8, 1860, 9 o'clock, A. M.

Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Summerbell.

Journal of yesterday read and approved.

Mr. Bowen, from the special committee, appointed under a resolution to purchase knives and pens for the members and officers of the Senate, reported that they had found knives and pens of good quality, and at reasonable prices, and recommended their

purchase for the members and officers of the Senate. The report was concurred in.

Mr. McPherson moved that the Secretary be instructed to take substitute for Senate Files Nos. 44 and 67, bills for an act to fix the times of holding Courts in the 3d Judicial District, to the House without delay. The motion prevailed.

Mr. Bowen, from the Committee on Schools and University, made the following report, accompanied by Senate File No. 78, a bill for an act to amend an act entitled "an act for the government and regulation of the State University of Iowa," passed by the Board of Education, and approved December 24th, 1858. The bill was read the 1st and 2nd time.

Mr. Udell moved to lay on the table and print. Lost.

On motion of Mr. Mann, it was tabled.

The Committee report-That they have examined the laws in relation to the University, and find that certain amendments are necessary, in order to complete the law passed by the Board of Education, in December, 1858.

The Board of Education had, by the Constitution, no power to create corporate bodies, or make enactments for the donation of property to the University, or for the disposal and regulation of the same. The Committee, therefore, deemed it important to incorporate with the University law of the Board of Education, that portion of the law passed by the Legislature, in 1858, which creates the University a corporate body, and donates to it the public buildings in Iowa City and the lands given by Congress, and prescribes the manner in which the same shall be he'd and disposed of.

The Committee have retained all the main features of the law of the Board, amending it only in such particulars as were necessary for the successful management of the University.

The 3d section is proposed to be amended, by making the Governor of the State and the President of the University ex-officio members of the Board of Trustees, and by fixing, definitely, the term of service for the other members of the Board.

Since the University is the property of the State, it was thought best that the Government of the State should be represented in the Board of Trustees, and as the President is supposed to have a better knowledge of the wants and interests of the University than any one else, and also the greatest responsibility for its proper

management, it is proper that he should be allowed to participate in the direction of its affairs.

In the 9th section is incorporated a provision requiring the Trustees always to have a normal department, for the education of teachers, in the University.

The 11th section is proposed to be amended by fixing the meetings of the Board in the University buildings, at Iowa City, and also to allow them to fix the time of their annual meeting, after the meeting in June next. The reason for this amendment is, that the meeting of the Board should always be held at the term of the annual commencement of the University, and it may be necessary to change that time; but this section of the law fixes the annual meeting of the Board on the last Tuesday in June. This section is also amended by making it the duty of the Presi dent to call special meetings of the Board, at the written request or consent of three members, on the principle that the President and the members of the Board are better judges when such meetings shall be necessary, than the President of the Board of Education, who may reside at a distance from the University, and have no further knowledge of its affairs than what may be communicated to him by members of the Board. Meetings of the Board should not be frequent, for they are expensive, and no officer has so deep an interest in the economical administration of its affairs, as the President of the University.

The amendments proposed will, together with the provisions of the Board of Education, make a complete code for the University, and it is here proposed to incorporate the whole in a single law, repealing all laws inconsistent with the same.

Respectfully submitted,

JESSE BOWEN, Chairman. Mr. Pusey, from the minority of the Committee on Township and County Organization, reported Senate File No. 79, a bill for an act establishing a County Court, and defining the duties of the County Judge, and his associates. Read first and second time, and tabled and ordered printed.

Mr. Rankin, from the Judiciary Committee, reported Senate File No. 80, a bill for an act to release to Martin McHugo, the right of the State by escheat, to a parcel of land in Henry county, Iowa. Read a first and second time, and on motion of Mr. Bussey,

the 11th Rule was suspended, the bill read a third time, and put upon its final passage.

The yeas and nays were as follows:

The yeas were-Senators Angle, Ainsworth, Bowen, Brown, Bussey, Buechel, Davis of Clinton, Davis of Polk, Drummond, Duncombe, English, Green, Hagans, Hammer, Hastings, Henderson, Kent, Lewis, Mann, McPherson, Neal, Pusey, Patterson of Muscatine, Pattison of Marshall, Powers, Rankin, Reiner, Saunders, Sherradden, Scott, Thompson, Trumbull, Udell, Watson, Williams, Wilson of Dubuque, Wilson of Jefferson-37. The nays were-Mr. Bailey-1.

Not voting Mr. Coolbaugh. Excused-Messrs. Anderson, Gray, Johnson and Taylor. So the bill was passed. The title was agreed to.

Mr. Angle, from the Committee on Claims, reported back the petition of N. L. Witcher, with a bill for his relief-Senate File No. 81, a bill for an act authorizing the County Judge of Keokuk county to pay the claim of N. L. Witcher, with the recommendation that the same be passed. The bill was read a first and second time.

On motion of Mr. Mann, the 11th Rule was suspended, the bill read a third time, and put upon its final passage.

The yeas and nays were as follows:

The yeas were-Senators Angle, Coolbaugh, Davis of Clinton, Davis of Polk, Drummond, Duncombe, Henderson, Kent, Mann, Patterson of Muscatine, Pattison of Marshall, Reiner, Saunders, Sherradden, Williams, Wilson of Dubuque-16.

The nays were-Senators Ainsworth, Bailey, Bowen, Bussey, Buechel, English, Green, Hagans, Hammer, Hastings, Lewis, McPherson, Pusey, Powers, Rankin, Scott, Thompson, Trumbull, Udell, Watson, Wilson of Jefferson-21.

Not voting-Messrs. Brown and Neal. Excused-Messrs. Anderson, Gray, Johnson and Taylor. The bill, not receiving a constitutional majority, was lost.

Message from the House.

MR. PRESIDENT:-I am directed to return Substitute for Senate File No. 32, a bill for an act to amend chapter 156 of the acts of the 7th General Assembly, entitled pre-emptions of School Lands, approved March 23d, 1858, the same having passed the House without amendment.

I also present herewith, House File No. 30, an act to legalize

the election of the President and Town Council, and other officers, of Chariton, Lucas county, and the official acts of the same, the same having passed the House.

CHARLES ALDRICH, Chief Clerk. Mr. Rankin, from the Judiciary Committee, reported back House File No. 98, a Joint Resolution, No. 1, instructing the Governor to withhold all further certificates for land from the Railroad Companies in this State, in certain contingencies, with the recommendation of the majority of the committee, that the same be indefinitely postponed.

Mr. Wilson, of Dubuque, moved to lay the resolution and report on the table. Which motion prevailed.

Mr. Rankin, from the same committee, reported back certain petitions of William L. Toole, asking for the passage of an act repealing the act incorporating the town of Burris, and for other purposes, with the recommendation that the prayer be not granted. Report concurred in.

Mr. Rankin, from same committee, reported back Senate File No. 48, a bill for an act to amend chapter 112 of the 4th General Assembly, entitled an act allowing and regulating the stay of execution on judgment of the District and Justices Court, with the recommendation that the same be indefinitely postponed.

Mr. Mann moved to lay the bill and report on the table. Which motion prevailed.

Mr. Powers moved to reconsider the vote by which Senate File No. 57, a bill for an act for the improvement of the State Library, was lost. Upon which motion Mr. Duncombe demanded the yeas and nays, which were ordered, and were as follows:

The yeas were-Senators Ainsworth, Bowen, Davis of Clinton, Davis of Polk, Drummond, Mann, McPherson, Neal, Pattison of Marshall, Powers, Rankin, Sherradden, Scott, Thompson, Udell, Watson, Wilson of Dubuque, Wilson of Jefferson-18.

The nays were-Senators Angle, Bailey, Brown, Bussey, Buechel, Coolbaugh, Duncombe, English, Green, Hammer, Hastings, Henderson, Kent, Lewis, Pusey, Patterson of Muscatine, Reiner, Saunders, Trumbull-19.

Not voting-Messrs. Hagans and Williams. Excused-Messrs. Anderson, Gray, Johnson and Taylor. So the motion to reconsider was lost.

Message from the House.