JOURNAL OF THE SENATE SENATE CHAMBER, DES MOINES, IOWA, MARCH 31, 1924. The Senate met in regular session, President John Hammill presiding. Prayer was offered by Rev. J. P. Sims, pastor of the Bethel A. M. E. church, East Des Moines, Iowa. On motion of Senator Ethell rule 33 was suspended for the day. LEAVE OF ABSENCE Leave of absence was granted as follows: Senator Cessna for the day, on request of Senator Price; Senator Haskell for the day, on request of Senator Mead; Senator Schmedika for the day, on request of Senator Bowman; Senator McIntosh for the forenoon, on request of Senator Gilchrist; Senator Romkey for the day, on request of Senator Shane; Senator Shaff for the day, on request of Senator Newberry; Senator Nelson for the day, on request of Senator Buser; Senator Baird for the day, on request of Senator Horchem. HOUSE FILE NO. 254 RECONSIDERED On motion of Senator Reed the vote by which House File No. 254 passed the Senate was reconsidered. On motion of Senator Reed the vote by which House File No. 254 passed to its third reading was reconsidered. On motion of Senator Reed House File No. 254 was rereferred to the committee on judiciary No. 1. REPORT OF JOINT COMMITTEE ON ENROLLED BILLS Senator Gilchrist, from the joint committee on enrolled bills, submitted the following report, and moved its adoption: MR. PRESIDENT: Your joint committee on enrolled bills respectfully reports that it has examined and finds correctly enrolled Senate Files Nos. 91, 179, 203, 299, 205, 301, 303, 304, and 305. F. C. GILCHRIST, Chairman Senate Committee. Report adopted. BILLS SIGNED BY THE PRESIDENT The President of the Senate announced that, as President of the Senate, he had signed in the presence of the Senate, Senate. Files Nos. 91, 179, 203, 205, 299, 301, 303, 304 and 305. BILLS SENT TO THE GOVERNOR Senator Gilchrist, from the committee on enrolled bills, submitted the following report: MR. PRESIDENT: Your committee on enrolled bills respectfully reports that it has on the twenty-ninth day of March, sent to the Governor for his approval, Senate Files Nos. 91, 179, 203, 205, 299, 301, 303, 304, and 305. F. C. GILCHRIST, Chairman. The report was adopted. CONFERENCE COMMITTEE APPOINTED The President appointed as a conference committee on Senate. File No. 27, on the part of the Senate, Senators Kimberly, Banta, Shane and Darting. THIRD READING OF BILLS On motion of Senator Brookins, House File No. 8, a bill for an act to amend, revise, and codify subsection seven (7) of section one hundred eighteen (118), sections one hundred twenty-seven (127) to one hundred thirty-one (131), inclusive, one hundred thirty-three (133), one hundred thirty-four (134), one hundred thirty-six (136), two hundred seventy-four (274) and seven hundred twenty-five (725) of the compiled code of Iowa, and sections one hundred thirty-two (132) and one hundred thirty-five (135) of the supplement to said code, relating to certain duties of the auditor of state and to uniform system of accounts of public corporations and organizations, and to the examination of such accounts, with report of committee recommending amendment and passage, was taken up, considered, and the report of the committee adopted. The following committee amendment was adopted: Amend section five (5) by striking from line one (1) the following: "such number of” and insert in lieu thereof the following: "Not less than four (4) nor more than eight (8)".. Senator Buser offered the following amendment and moved its adoption: Amend by adding the following as an extra paragraph to section 11: "If said examination discloses any irregularity in the collection or disbursement of public funds, or in the abatement of taxes, a copy of said report shall be filed with the county attorney and it shall be his duty to start proceedings to secure the correction of the irregularity." Senator Holdoegel offered the following amendment to the amendment and moved its adoption: Amend by inserting after the word "duty" the following: "to investigate the matter and if in his opinion the law has been violated,". Senator Banta offered the following amendment to the amendment as a substitute for Senator Holdoegel's amendment to the amendment: Amend by striking the words "to start proceedings" from the amendment and inserting in lieu thereof the following: "to cooperate with the state auditor and, in proper cases, with the attorney general". Senator Holdoegel withdrew his amendment. The amendment to the amendment offered by Senator Banta was adopted. The amendment was adopted. The bill was read for information. Senator Brookins moved that the reading just had be considered the third reading, which motion prevailed. On the question "Shall the bill pass?" the vote was: The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. By unanimous consent Senator Brookins withdrew Senate File No. 8 from further consideration. On motion of Senator Kimberly, House File No. 172, a bill for an act to amend, revise, and codify sections three thousand nine hundred sixty-six (3966) to three thousand nine hundred. sixty-nine (3969), inclusive, three thousand nine hundred seventy-two (3972), three thousand nine hundred seventy-six (3976), and three thousand nine hundred seventy-seven (3977) of the compiled code of Iowa, and section four thousand six (4006) of the supplement to said code, relating to municipal corporations, with report of committee recommending amendment and passage, was taken up, considered, and the report of the committee adopted. The following committee amendments were adopted: 1. Strike the comma and words "and shall have power to sell" following the word "purposes" in line 3 of Sec. 2, and insert in lieu thereof the words "for the purpose of selling". Also amend by inserting in line 5 of Sec. 2, following the word "and" where it first appears in said line, the words "shall have power". 2. Amend Sec. 3 by striking all of said section, and inserting in lieu thereof the following: Sec. 3. Election required. No such works or plants shall be authorized, established, erected, purchased, leased or sold, or franchise granted, extended, renewed or amended, or contract of purchase provided for in Sec. 2 hereof shall be entered into unless a majority of the legal electors voting thereon vote in favor of the same. Senator Stoddard offered the following amendment and moved its adoption: Amend by striking out of lines eleven (11) and twelve (12) of section 1 the following words and figures: "with a population of less than ten thousand (10,000)". The amendment was adopted. The bill was read for information. Senator Fulton moved that the reading just had be considered the third reading, which motion prevailed. On the question "Shall the bill pass?" the vote was: The bill having received a constitutional majority was declared to have passed the Senate and the title was agreed to. By unanimous consent Senator Fulton withdrew Senate File No. 172 from further consideration. On motion of Senator Scott, Senate File No. 207, a bill for an act to amend, revise, and codify sections five thousand six hundred seventeen (5617), and five thousand six hundred eighteen (5618) of the compiled code of Iowa, and sections five thousand four hundred ninety-six (5496), and five thousand six hundred five (5605) of the supplement to said code, relating to insurance other than life, with report of committee recommending amendment and passage, was taken up, considered, and the report of the committee adopted. The committee amendments (page 1093 of the Senate Journal) were considered: Senator Gilchrist offered the following amendment to the amendment and moved its adoption: Amend section 6 by adding after the word "stock" in line 4 the following: "or for the services or expenses of any such person". The amendment to the amendment was adopted. Senator Brookhart offered the following amendment to the committee amendment and moved its adoption: Amend by adding at the end of section 4 the following: "Any amount paid to the company for stock above the par value of the stock, shall constitute a contributed surplus and shall not be used in the payment of divi |