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Ericson, Funk, Garst, Gilbertson, Harper, Henderson, Hobart, Hospers, Hotchkiss, Hurst, Kilburn, Lothrop, Mitchell, Palmer, Penrose, Perrin, Phelps, Pusey, Ranck, Riggen, Rowen, Sargent, Upton, Waterman-37.

The nays were:

None.

Absent or not voting:

Senators Allyn, Blanchard, Bonson, Ellis, Everall, Gorrell, Harriman, Healy, Hipwell, Junkin, Lehfeldt, Trewin, Young -13.

So the bill passed and the title was agreed to.

By Senator Penrose, Senate file No. 447, a bill for an act to extend the time of the incorporation of Oak Hill Cemetery Association of Benton county, Iowa, and to legalize all the acts of its officers in selling and conveying lots.

Read first and second time.

On motion of Senator Penrose the bill was taken up.

The bill was read for information.

Senator Penrose moved that the rule be suspended, the bill considered engrossed, and that the reading just had be the third reading.

Carried.

On the question, "Shall the bill pass?" the yeas were:

Senators Alexander, Bell, Berry, Byers, Carney, Carpenter, Carroll, Cheshire, Craig, Downey, Druet, Eaton, Ellison, Ericson, Garst, Gilbertson, Harper, Henderson, Hobart, Hotchkiss, Hurst, Junkin, Kilburn, Lothrop, Mitchell, Palmer, Penrose, Perrin, Phelps, Pusey, Ranck, Riggen, Rowen, Sargent, Waterman, Young-36.

The nays were:

None.

Absent or not voting:

Senators Allyn, Blanchard, Bonson, Ellis, Everall, Funk, Gorrell, Harriman, Healy, Hipwell, Hospers, Lehfeldt, Trewin, Upton-14.

So the bill passed and the title was agreed to.

HOUSE MESSAGES.

Senate file No. 341, a bill for an act to declare Spirit and the Okoboji lakes in Dickinson county to be public navigable waters, and to provide for their preservation and improvement for navigation, for the benefit of the public health, and for the culture of fish therein.

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Senator Funk moved that the Senate concur in the House amendments to the bill.

On the question, "Shall the House amendment be concurred in?" the yeas were:

Senators Alexander, Allyn, Bell, Berry, Byers, Carney, Carpenter, Corroll, Cheshire, Craig, Downey, Druet, Eaton, Ellison, Ericson, Funk, Garst, Gilbertson, Harper, Henderson, Hospers, Hotchkiss, Junkin, Kilburn, Mitchell, Palmer, Penrose, Perrin, Phelps, Pusey, Ranck, Riggen, Rowen, Sargent Trewin, Young-36.

The nays were:

None.

Absent or not voting:

Senators Blanchard, Bonson, Ellis. Everall, Gorrell, Harriman, Healy, Hipwell, Hobart, Hurst, Lehfeldt, Lothrop, Upton, Waterman-14.

So the House amendments were concurred in.

House file No. 165, a bill for an act for the relief of Hiram Ridden, was read first and second time and referred to Committee on Claims.

Senate file No. 140, a bill for an act to prevent the spread of disease among swine, was read.

Senator Ericson moved that the Senate concur in the House amendment to the bill.

On the question, "Shall the amendment be concurred in?" the yeas were:

Senators Alexander, Allyn, Bell, Berry, Bonson, Byers, Carney, Carpenter, Carroll, Cheshire, Craig, Downey, Eaton, Ellison, Ericson, Garst, Gilbertson, Harper, Henderson, Hotchkiss, Junkin, Kilburn, Mitchell, Palmer, Penrose, Perrin, Phelps, Pusey, Riggen, Rowen, Sargent, Waterman, Young-33.

The nays were:

None.

Absent or not voting:

Senators Blanchard, Druet, Ellis, Everall, Funk, Gorrell, Harriman, Healy, Hipwell, Hobart, Hospers, Hurst, Lehfeldt, Lothrop, Ranck, Trewin, Upton-17.

So the amendment was concurred in.

HOUSE MESSAGES.

House file No. 372, a bill for an act to repeal section 1, chapter 7, of the acts of the Twenty-fourth General Assembly,

relating to compensation of mayors when acting as justices of the peace in cities of the second class and incorporated towns, was read first and second time and referred to Committee on Cities and Towns.

Joint Resolution No. 9, for an amendment to the constitution of the State of Iowa, proposing the repeal of sections 34, 35 and 36 of article 3 of the constitution, was read first and second time and referred to Committee on Constitutional Amendments and Suffrage.

REPORTS OF STANDING COMMITTEES.

Senator Funk, from the Committee on Ways and Means, submitted the following report:

MR. PRESIDENT-Your Committee on Ways and Means, to whom was referred Senate file No. 47, a bill for an act to revise, amend and codify laws in relation to revenues, beg leave to report that they have had the same under consideration, and have instructed me to report chapter 1 of the same back to the Senate with the recommendation that the accompanying substitute be adopted in lieu thereof, and when so adopted that the same do pass.

Ordered passed on file.

Five hundred copies ordered printed.

A. B. FUNK,

Chairman.

Senator Penrose, from the Committee on Railroads, submitted the following report:

MR. PRESIDENT-Your Committee on Railroads, to whom was referred Senate file No. 234, a bill for an act to provide for the protection and safety of the public and employes of railways operated by electricity and to require such railways to vestibule and enclose the platforms of their cars, provide extra brakes and be under the control of the Railway Commission, and to provide a penalty for the violation 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 it be indefinitely postponed.

Ordered passed on file.
Also:

E. G. PENROSE,
Chairman.

MR. PRESIDENT-Your Committee on Railroads, to whom was referred House file No. 298, a bill for an act declaring express companies common carriers and providing for their regulation and control by the railroad commissioners, beg leave to report that they have had the same under con sideration, and have instructed me to report the same back to the Senate with the recommendation that the accompanying bill be substituted therefor, and that when so substituted the same do pass.

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JOURNAL OF THE SENATE.

SUBSTITUTE FOR HOUSE FILE NO. 298.

763

A bill for an act declaring express companies common carriers, and pro-
viding for their regulation and control by the railroad commissioners
Be it Enacted by the General Assembly of the State of Iowa:

SECTION 1. That all express companies are hereby declared to be common carriers, and the railroad commissioners shall have general supervision of all express companies, and shall inquire into any unjust discrimination, neglect, or violation of the laws governing common carriers, by any express company, or by the officers, agents, or employes thereof; and said commissioners are empowered and directed, so far as it may be expedient and practicable under existing statutes to make for the express companies, as soon as they may find it practicable, a schedule of reasonable maximum charges or rates for transportation of all property carried by such express companies.

SEC. 2. The board of railway commissioners may require the express companies, subject to the provisions of this act, to file with said board copies of all rates and schedules of charges for the transportation of property.

Ordered passed on file.
Also:

E. G. PENROSE,
Chairman.

MR. PRESIDENT-Your Committee on Railroads, to whom was referred Senate file No. 367, a bill for an act to amend chapter 163 of the acts of the Twentieth General Assembly, relating to the stopping of trains at railway crossings, beg leave to report that they have had the same under consider. ation and have instructed me to report the same back to the Senate with the recommendation that it be indefinitely postponed, for the reason that the matter is under consideration in the proposed Code Revision. E. G. PENROSE, Chairman,

Ordered passed on file.
Also:

MR. PRESIDENT-Your Committee on Railroads, to whom was referred Senate file No. 264, a bill for an act to compel street railway companies to protect certain of their employes from the inclemencies of the weather, 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 do pass.

E. G. PENROSE,
Chairman.

Ordered passed on file.

Senator Rowen, from the Committee on Penitentiaries and Pardons, submitted the following report:

MR. PRESIDENT-Your Committee on Penitentiaries and Pardons, to whom was referred the application of A. F. Hockett, a life prisoner confined in the penitentiary at Fort Madison for murder, 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 pardon asked for be granted.

Ordered passed on file.

J. E. ROWEN,
Chairman.

Senator Gilbertson, from the Committee on Eirolled BIS, submitted the following report:

MR. PRESIDENT-Your Committee on Earolled Bills respectfully report that they have examined, and find correctly enrolled, Senate file No. #1 a bill for an act to amend an act of the Twenty-sixth General Assembly, entitled "An act to prohibit the sale and use of impure oil in coal mines, and providing penalties for violation thereof."

Ordered passed on file.

Also:

G. S. GILBERTSON,

Chairman.

Mr. President-Your Committee on Enrolled Bills respectfully report that they have examined, and find correctly enrolled, Senate file No. 403, a bill for an act to provide for the payment of the current expense fund for the hospitals for the insane quartery in advance.

Ordered passed on file.
Also:

G. S. GILBERTSON,

Chairman.

MR. PRESIDENT-Your Committee on Enrolled Bills respectfully report that they have examined, and find correctly enrolled, Senate file No. 330, a bill for an act authorizing counties, cities, townships and other municipa corporations to take and hold property by gift and bequest and providing for the management of the same.

Ordered passed on file.
Also:

G. S. GILBERTSON,

Chairman.

Mr. President-Your Committee on Enrolled Bills respectfully report that they have examined and find correctly enrolled Senate file No. 399. & bill for an act to amend section 4022 of the Code of 1873, relating to the importation, printing, publishing, selling and distributing of obscene books and pictures.

Ordered passed on file.
Also:

G. S. GILBERTSON,

Chairman.

MR. PRESIDENT-Your Committee on Enrolled Bills respectfully report that they have examined, and find correctly enrolled, Senate file No. 272. a bill for an act to amend section 3721 of the Code of 1873, in respect to taking depositions.

Ordered passed on file.

G. S. GILBERTSON,
Chairman.

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