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Iowa, relative to testimony in prosecutions for gambling, 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 substitute bill be adopted, and when adopted, that the bill do pass. L. A. ELLIS, Chairman.

Ordered passed on file.
Also:

MR. PRESIDENT-Your Committee on Judiciary, to whom was referred Senate file No. 26, a bill for an act to amend section 5476, chapter 15 of McClain's Code, 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 bill be indefinitely postponed. L. A. ELLIS, Chairman.

Ordered passed on file.
Also:

MR. PRESIDENT-Your Committee on Judiciary, to whom was referred Senate file No. 33, a bill for an act to repeal section 3 of chapter 160 of the laws of the Twelfth General Assembly (filing deeds of unconditional conveyance of real estate), 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 bill be indefinitely postponed. L. A. ELLIS, Chairman.

Ordered passed on file.
Also:

MR. PRESIDENT-Your Committee on Judiciary, to whom was referred Senate file No. 121, a bill for an act to amend section 428, chapter 2 of McClain's Code, relating and relative to county printing, 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 it be referred to the Committee on Printing.

L. A. ELLIS,
Chairman.

Ordered passed on file.
Also:

MR. PRESIDENT-Your Committee on Judiciary, to whom was referred Senate file No. 70, a bill for an act for the punishment of crimes for second and subsequent offences, and what shall be deemed prima facie evidence of a former conviction, 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 it be indefinitely postponed. L. A. ELLIS,

Ordered passed on file.

Chairman.

Senator Trewin asked leave to present the following memorial and asked that it be referred to Committee on Military:

WHEREAS, The Legislature of the state has appropriated $150,000 for the erection of a soldiers' monument to perpetuate the valor and achievement of Iowa soldiers; and

WHEREAS, The Soldiers' Monument Commission has persistently disregarded the protests of soldiers by not giving the soldiers concerned the right to name their candidates at their reunions or otherwise, and by using the rankest discrimination in the selection of candidates, have brought it about so that while thirty-three regiments or organizations are recognized, one of them with as many as ten places, some twenty-seven organizations are totally unrepresented; and

WHEREAS, An attempt is being made to distribute the honors among a few localities, as well as regiments, so that ten counties have some fifty places, or two-thirds of the whole, while other counties which stood high up in percentage and number of soldiers furnished, are shamefully passed over; therefore, be it

Resolved, by John J. Stillman Post No. 194, G. A. R. of Waukon, That in view of the seeming inability to recognize each regiment worthily and at the same time to give a much larger number of counties a representation, that we call upon the Legislature to crush this infamy and to substitute ideal figures, where figures are necessary, to the end that no regiment or community be recognized.

Resolved, That we heartily second the request of Brownell Post No. 222, Cedar Falls, Iowa, that the panel on the east face shall be filled with a bronze base relief representing "Rebels Firing on Fort Sumpter," that on the west face, "Rebels Surrender at Appomattox,"-the "Alpha and Omega of the Rebellion." And we further recommend that the spaces reserved for medallions be filled with tablets giving the names of battles in which Iowa soldiers took part, and that the equestrian and other statutes give places to such emblematic figures as will best comport with the idea of a soldiers' monument, while at the same time recognizing no individual. Resolved, That our Senator and Representative in the Legislature be requested to further the object of these resolutions, and that a copy of the same be sent to them and also to the department commander of the G. A. R. by the adjutant.

So referred.

Senator Waterman moved that the Senate take up bills recommended for indefinite postponement.

Carried.

Senate file No. 110, a bill for an act to legalize the proceedings of the board of supervisors of Wright county, in locating and constructing a drain through the incorporated town of Clarion, in said county, and in making apportionment of the cost, expenses, costs of construction, fees and compensation for property appropriated and damages sustained by the construction of the drain, and in assessing the same among the owners

of the land benefited thereby, or in levying the same as a tax against the lands of the owners so benefited, with report of committee recommending it be indefinitely postponed, was taken up, considered, and the report of the committee was adopted Senate file No. 42, a bill for an act to prevent garnishment proceedings against persons for wages where same are exempt by the laws of the state, with report of committee recommending it be indefinitely postponed was taken up, considered and the report of the committee was adopted.

Senate file No. 108, a bill for an act to amend section 3327 of the Code of 1873, in relation to the cancellation of real estate mortgages, with report of committee recommending it be indefinitely postponed, was taken up, considered and the report of the committee was adopted.

Senate file No. 117, a bill for an act relating to the assignment of judgments, mortgages and deeds of trust by administrators, etc., with report of committee recommending it be indefinitely postponed, was taken up, considered and the report of the committee was adopted.

Senate file No. 37, a bill for an act to amend section 2178 of the Code, in relation to the sale of property by carriers and other charges, with report of committee recommending it do pass, with amendment, was taken up and considered.

Senator Harper moved that report of committee include following amendments:

In line eleven of the bill, after the word "and" insert the word "that." In the same line after the word "whereabouts," strike out the words "of that." In line fourteen change the word "entry" to "estray." In line twenty change word "entry" to "estray."

Carried.

So report of committee with amendments was adopted. Senator Harper moved that the rules be suspended, and that the bill be considered engrossed and read a third time now. Lost.

Senator Harper moved that Senate file No. 37, a bill for an act to amend section 2178 of the Code, in relation to the sale of property by carriers for charge be engrossed.

On this motion the yeas and nays were called for.

On the question, "Shall the motion prevail?" the yeas were: Senators Allyn, Berry, Blanchard, Bonson, Byers, Carney, Carpenter, Cheshire, Craig, Downey, Druet, Ellis, Ellison, Harper, Harriman, Hipwell, Hobart, Hospers, Hotchkiss, Hurst,

Mitchell, Palmer, Penrose, Perrin, Ranck, Riggen, Sargent, Upton, Waterman-29.

The nays were:

Senators Bell, Carroll, Ericson, Garst, Gilbertson, Healy, Henderson, Junkin, Kilburn, Lothrop, Pusey, Trewin and Young-13.

Absent or not voting:

Senators Alexander, Eaton, Everall, Funk, Gorrell, Lehfeldt, Phelps-7.

So the bill was ordered engrossed.

On motion of Senator Trewin, Senate file No. 77, a bill for an act to make February 22d a legal holiday in the State of Iowa, and closing all schools on that day, with report of committee recommending it be indifinitely postponed, was taken up, considered, and the report of the committee was adopted.

Senate file No. 127, a bill for an act to require the United States flag to be placed upon all public school buildings, with report of committee recommending it be indefinitely postponed, was taken up, considered, and the report of the committee was adopted.

The Journal of yesterday was taken up, read, corrected and approved.

Senator Funk asked permission to offer the following resolution:

Resolved, That unless otherwise ordered by the Senate, sessions shall be held daily, opening at 10 A. M. and closing at noon.

Adopted.

Senator Waterman moved that the Senate do now adjourn. Carried.

SENATE CHAMBER,

DES MOINES, Iowa, Friday, February 7, 1896.

Senate met in regular session at 10 A. M., President Parrott presiding.

Prayer was offered by Rev C. Peterson, missionary of Iowa Conference of the A. M. E. church.

PETITIONS AND MEMORIALS.

Senator Pusey presented petition of W. S. Packard and others in reference to beneficiary societies.

Referred to Committee on Judiciary.

Senator Harper presented petition of N. S. Young and others in reference to removing dam at Bonaparte.

Referred to Committee on Fish and Game.

Senator Harper presented remonstrance of Sheppard Post No. 157, G. A. R., against placing the face of any man, living or dead, on the monument.

Referred to Committee on Military.

Senator Blanchard presented petition of Phil Kearney Post No. 40, asking removal of medallions from the monument. Referred to Committee on Military.

Senator Blanchard presented petition of Col. C. A. Clark and attorneys of Cedar Rapids, asking that the Blanchard resolution, relative to the Code, be adopted and asked the petition be read.

Referred to Committee on Code Revision.

Senator Henderson presented petition of M. P. Higby and others, relative to fraternal beneficiary societies.

Referred to Committee on Judiciary.

Senator Bell presented petition of George A. Smith and thirty seven others, relative to removing the dam at Bonaparte. Referred to Committee on Fish and Game.

Senator Gorrell presented petition of E. McQuiston and others in regard to age of consent.

Read and referred to Committee on Judiciary.

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