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I 


JOURNA.L 


OF  THE 


I  HOUSE  OF  REPRESEmTIYES 


OP  THE 


«  ELEVENTH   GENERAL    ASSEMBLY 

I 

I  A  OF  THE 

I. 

STATE  OF  lO'WA, 


WHICH  CONVENED  AT  THE  CAPITOL,  IN  DBS  MOINES,  IOWA,  JANUARY  8,  1886. 


DE8  MOINES : 

V.  W.  PALICER,  STATE  FRIKTBE. 
1866. 


jouRisrA.r. 


OF  THK 


HOUSE  OF  REPRESENTATIVES. 


Hall  of  House  of  Hkpresbntatives,  \ 
Des  Moines,  Monday,  January  8, 1866.      J 

At  2  o'clock  r.  M.,  the  House  was  called  to  order  by  Hon.  Hoyt 
Sherman  of  Polk  county. 

On  motion  of  Mr.  McNutt  of  Muscatine,  Mr.  Wm.  Hale  of 
Mills  county  was  elected  Speaker  pro  tern. 

On  motion  of  Mr.  Finkbine  of  Johnson  county,  Mr.  C.  S.  Wil- 
son of  Marion  county,  was  elected  Chief  Clerk  pro  tern. 

On  motion  of  Mr.  Williams  of  Des  Moines,  Mr.  J.  D.  Hunter 
of  Hardin  county,  was  elected  Assistant  Clerk  j>ro  tern. 

Mr.  Maxwell  of  Story  county,  nominated  Geo.  Bailey  of  Dallas 
county,  door-keeperj?r<?  tern. 

Mr.  Griffith  of  Warren  county,  nominated  G.  M.  Swan,  for 
door-keeper  pro  tern. 

Mr.  Bailey  was  elected. 

On  motion  of  Mr.  Knox  of  Wapello,  Col.  E.  G.  White  was 
elected  Sergeant-at-Arms  pro  tern. 

Mr.  West  of  Henry  county,  nominated  James  McConn^Bll,  for 
door-keeper  pro  tern. 

On  division  of  the  House,  Mr.  McConnellwas  declared  duly 
elected. 

On  motion  of  Mr.  McNutt  of  Muscatine,  a  Committee  of  five  on 
Credentials  was  appointed,  to-wit : 

Mr.  McNutt  of  Muscatine,  Barnes  of  Mahaska,  Sapp  of  Potta- 
wattamie, Eussell  of  Jones,  and  Close  of  Black  Hawk. 

On  motion  of  Mr.  Knox  of  Wapello,  S.  W.  McEldery  of  Jef- 
ferson was  appointed  Postmaster  pro  tern. 

Mr.  Russell  of  Jones,  offered  the  following  resolution,  and  moved 
its  adoption :    • 

Hosolved,  That  the  paper-folders  and  messengers  of  this  House 


4  JOURNAL  OF  THE 

shall  be  selected  from  the  inmates  of  the  Iowa  Soldiers'  Orphans' 
Home,  as  follows :  Three  girls  for  paper-folders,  and  three  boys 
for  messengers,  and  that  the  selections  oe  made  by  the  Speaker  of 
the  House,  and  that  temporary  messengers  and  paper-folders  be 
appointed  antil  the  Orphans  arrive  at  the  Capital. 

On  motion  of  Mr.  Sapp  of  Pottawattamie,  the  resolution  was 
laid*  on  the  table. 

On  motion  of  Mr.  Maxwell  of  Story,  the  Committee  on  Creden- 
tials were  instructed  to  report  to-morrow  morning  at  10  o'clock. 

On  motion  of  Mr.  Eogers  of  Scott,  the  House  adjourned  to  meet 
at  10  o'clock  to-morrow  morning. 


Ha.ll  of  House  of  IlKrBESENTATivES,  ) 
Des  Moines,  January  9,  1866.      f 

House  called  to  order  by  the  Speaker  pro  tem.  Prayer  was 
offered  by  Rev.  L.  D.  Tracy. 

The  minutes  of  yesterday  were  read  and  approved. 

Mr.  McNutt,  from  the  Committee  on  Credentials,  submitted  the 
following  report : 

Tour  Committee,  to  whom  was  referred  the  credentials  of  per- 
sons claiming  seats  in  this  House,  having  examined  the  same,  beg 
leave  to  report  that  they  find  the  following  named  persons  entitled 
to  seats  as  members,  to- wit : 

•    District  No.    1.— Webster  Ballinger,  William  G.  Buck,  Peter 
M.  Lowdon. 

District  No.    2. — Joel  Brown,  Jonathan  Thatcher. 

District  No.    3.— J.  M.  Garrett,  H.  C.  Travis. 

District  No.    4. — M.  M.  Walden. 

District  No.    6. — Sam'l  L.  Glasgow. 

District  No.    6. — Thos.  H.  Brown. 

District  No.  7.— Charles  Ben  Darwin,  Sam'l  A.  Flanders,  J. 
Wilson  Williams. 

District  No.    S.^John  P.  West,  Thos.  A.  Bereman. 

District  No.    9.— J.  T.  McCullough,  Geo.  C.  Fry. 

District  No.  10. — Charles  Dudley,  Peter  Knox. 

District  No.  11. — H.  L.  Dasheill. 

District  No.  13. — A.  B.  Conway. 

District  No.  13. — J.  F.  Landes. 

District  No.  14. — Charles  Linderman. 

District  No.  15.— W.  C.  Sipple. 

District  No.  16.— William  Hale. 

District  No.  17.— N.  T.  Brown. 

District  No.  18.— G.  G.  Bennett,  H.  M.  Holden. 


—  > 


HOUSE  OP  REPRB8BNTATIVES.  5 

District  Xo.  19. — T..A.  Morgan. 
District  No.  20.— T.  N.  Barnes,  Simon  G.  Gary. 
District  No.  21. — B.  F.  Van  Leuven,  James  D.  Gamble. 
District  No.  22.— George  E.  Griffith. 
District  No.  23. — J.  M.  Brown. 
District  No.  24.— William  F.  Sapp. 

District  No.  25. — IL  M.  Burnett,  Samuel  McNutt.  \ 

District  No.  26.— R.  S.  Finkbine,  G.  E.  Deforrest. 
District  No.  27. — John  R.  Serrin. 
District  No,  28. — David  H.  Emery. 
District  No.  29. — David  Ryan. 
•District  No.  30. — Hoyt  Sherman,  G.  L.  Godfrey. 
District  No.  31. — W.  S.  M.  Abbott. 

District  No.  32. — H.  M.  Thomson,  M.  J.  Rohlfs,  J.  N.  Rogers. 
District  No.  33. — B.  R.  Palmer,  G.  W.  Thorne. 
District  No.  34. — Ed  Wright,  John  G.  Safely. 
District  No.  35. — John  Wilson,  Alva  McLaughlin. 
District  No.  36. — John  Russell,  John  McKean. 
District  No.  37. — J.  B.  Carbee,  A.  S.  Belt. 
District  No.  38. — Alexander  Runyan. 
District  No.  39. — Leander  Clark. 
District  No.  40. — ^T.  J.  Wilson. 

District  No.  4:1. — W.  T.  Barker,  T.  S.  Wilson,  Andrew  Bahl, 
D  O'Brien. 
District  No.  42. — Albert  Boomer. 
District  No.  43. — P.  C.  Wilcox. 
District  No.  44. — Cicero  Close. 
District  No.  45.— T.  B.  Knapp. 
District  No.  46. — John  Garber,  P.  P.  Olrastead. 
District  No.  47. — A.  Abernethy,  D.  G.  Goodrich. 
District  No.  48. — A.  E.  Holmes. 
District  No.  49. — G.  J.  Tisdale. 
District  No.  50.— P.  G.  Wright,  L.  E.  Fellows-. 
District  No.  61.— J.  H.  Brown,  H.  B.  Williams. 
District  No.  52.— W.  C.  Martin. 
District  No.  53. — G.  M.  Maxwell. 
District  No.  54. — ^D.  W.  Poindexter. 
District  No.  55. — L.  D.  Tracy. 
District  No.  56.— W.  P.  Gaylord. 
District  No.  57. — Robert  Alcorn. 
District  No.  58. — L.  Dwelle. 

District  No.  59.— G.  W.  Hand. 

District  No.  60. — ^Iloward  Graves. 

District  No.  61. — ^William  L.  Joy. 

District  No.  62. — S.  J.  Comfort. 

District  No.  63. ~L.  R.  Bolter. 

District  No.  64.— A.  R.  Mills. 
District  No  65. — A.  L.  McPherson. 


6  JOURNAL  OF  THE 

District  No.  66.— A.  K.  Crawford. 

District  No.  67. — Alex.  Z.  Huggins. 

Tour  Committee  would  further  report  that  some  of  the  certifi- 
cates are  without  revenue  stamps,  but  correct  in  other  respects. 

SAMUEL  McNUTT,  Chairman. 

On  motion  of  Mr.  Maxwell,  the  report  of  the  Committee  was 
adopted,  and  the  Committee  discharged. 

On  motion  of  Mr.  McNutt,  the  oath  of  office  was  then  adminis- 
tered to  the  Speaker  pro  tem.^  by  Mr.  Joy.  The  members  Aen 
arose  in  their  places,  and  the  oath  prescribed  by  the  Constitution 
was  administered  by  the  Speaker  jpro  tetn,^  and  thereupon  mem- 
bers respectively  came  forward  to  the  Clerk's  desk,  and  subscribed 
their  names  to  the  oath.  Messrs.  Leffingwell  and  Stockman  being 
absent,  were  not  sworn  in. 

Mr.  Finkbine  offered  the  following  resolution,  which  was  adopted: 

Resolved^  that  the  House  do  now  proceed  to  the  election  of  its 
officers  in  the  order  in  which  said  officers  are  named  in  the  pro- 
ceedings of  the  Tenth  General  Assembly. 

The  House  then  proceeded  to  the  election  of  a  Speaker. 

Mr.  Darwin  nominated  the  Hon.  Ed  Wright,  of  Cedar. 

Mr.  Sipple  nominated  W.  T.  Barker,  of  Dubuque. 

Thereupon  a  vote  was  taken  with  the  following  result : 

Whole  number  of  votes  cast 95 

Mr.  Wright  received 79 

Mr.  Barker  received " 14 

Mr.  Wright  having  received  a  majority  of  all  the  votes  cast,  was 
declared  elected  Speaker  of  the  House. 

The  Chair  appomted  Messrs.  Darwin  and  Russell  a  committee 
to  conduct  the  Speaker  to  the  Chair. 

On  taking  the  Chair,  Mr.  Wright  spoke  as  follows  : 

Gentlemen  of  the  House  of  Mepreaejitatives : 

For  this  expression  of  your  confidence  and  partiality,  you  have 
my  sincere  and  grateful  acknowledgments.  The  position  which, 
by  your  votes,  you  have  called  me  to  occupy,  is  one  of  honor  and 
responsibility,  always  complex,  and  frequently  perplexing.  In  as- 
suming the  responsibility  incumbent  upon  me  as  your  presiding 
officer,  I  feel  a  painful  conscionsness  of  my  inability  to  fill  the  po- 
sition in  a  manner  satisfactory  even  to  myself;  but  believing  tnat 
every  member  here  intends  to  act  for  the  best  interests  of  his  con- 
stituents and  the  State  at  large,  having  always  in  view  the  fact  that 
good  order  and  a  strict  compliance  with  the  rules  that  govern  us 
are  necessary  for  the  accomplishment  of  that  object,  I  feel  that  my 
labors  will  be  rendered  comparatively  light. 

I  shall,  to  the  best  of  my  ability,  administer  the  rules  which  may 
be  adopted  for  our  government  together  with  those  rules  common 
to  all  legislative  bodies ;  relying  upon  your  generosity  for  assis- 
tance whenever  necessary,  and  in  the  end  to  forgive  all  my  short- 


H0U8E  OF  RBPRB8SNTATIVEB.  7 

oomings.    Let  qb  now  apply  oureelves  to  the  business  for  which 

we  were  sent  here,  and  endeavor  to  aocompUsh  it  in  a  manner  that 

maj  be  satisfactorj  to  onrselves  and  our  oonstitnents. 
The  House  then  proceeded  to  the  election  of  Chiet  Clerk. 
Mr.  Russell  nominated  Chas.  Aldrich. 
Mr.  O'Brien  nominated  Robert  Orme. 
Thereupon  a  vote  was  taken  with  the  following  result : 

Whole  number  of  votes  cast 97 

Mr.  Aldrich  received • 79 

Mr.  Orme  received 18 

Mr.  Aldrich,  having  received  a  majority  of  all  the  votes  cast,  was 

declared  dnly  elected  Chief  Clerk. 
The  House  then  proceeded  to  the  election  of  First  Assistant 

Clerk. 
Mr.  Hale  nominated  C.  S.  Wilson. 
Mr.  Sipple  nominated  John  Shockly. 
The  following  was  the  result  of  the  ballot : 

Whole  numW  of  votes  cast 96 

Mr.  Wilson  received 82 

Mr.  Shockly  received 14 

Mr.  Wilson,  having  received  a  majority  of  all  the  votes  cast,  was 

declared  duly  elected  First  Assistant  Clerk. 
The  House  then  proceeded  to  the  election  of  a  Second  Assistant 

Caerk. 
Mr.  McLaughlin  nominated  Benjamin  Yan  Steenburg. 
Mr.  Wilson,  of  Dubuque,  nominated  F.  F.  Barker. 
The  roll  was  called  with  the  following  result : 

Whole  number  of  votes  cast 92 

Mr.  Yan  Steenburg  received 76 

Mr.  Barker  received 16 

Mr.  Yan  Steenburg,  having  received  a  majority  of  all  the  votes 

cast,  was  declared  duly  elected  Second  Assistant  Clerk. 
The  House  then  proceeded  to  the  election  of  Engrossing  Clerk. 
Mr.  Williams,  of  Winneshiek,  nominated  F.  M.  Benedict. 
Mr.  Brown,  of  Decatur,  nominated  J.  "W.  Penny.  " 

Thereupon  a  vote  was  taken  with  the  following  result : 

Whole  number  of  votes  cast 89 

Mr.  Benedict  received 75 

Mr.  Penny  received 14 

Mr.  Benedict,  having  received  a  majority  of  all  the  votes  cast, 

was  declared  duly  elected  Engrossing  Clerk. 
The  House  then  proceeded  to  the  election  of  Enrolling  Clerk. 
Mr.  Sapp  nominated  Major  Joseph  Lyman. 
Mr.  Bolter  nominated  A.  H.  Kooney. 
The  result  of  the  ballot  was  as  follows : 

Whole  number  of  votes  cast 86 

Mr.  Lyman  received 73 

Mr.  Booney  received 13 


8  JOURNAL  OP  THE 

Mr.  Lyman,  having  received  a  uiajority  of  all  the  votes  cast,  was 
declared  duly  elected  Enrolling  Clerk. 

The  House  then  proceeded  to  the  election  of  Sergeant-at-Arms. 

Mr.  Finkbine  nominated  E.  G.  White. 

Mr.  Wright,  of  Alamakee,  nominated  Thomas  Spurrier. 

Whereupon  a  vote  was  taken  with  the  following  result : 

Whole  number  of  votes  cast 91 

Mr.  White  received 78 

Mr.  Spurrier  received 13 

Mr.  W  hite,  having  received  a  majority  of  all  the  votes  cast,  was 
declared  duly  elected  Sergeant-at-Arms. 

The  House  then  proceeded  to  the  election  of  Door-keeper. 

Mr.  Martin  nominated  Edward  Johns. 

Mr.  Brown,  of  Winneshiek,  nominated  George  Bailey. 

The  result  of  the  ballot  was  as  follows : 

Whole  number  of  votes  cast 91 

Mr.  Bailey  received 76 

Mr.  Johns  received 15 

Mr.  Bailey  having  received  a  majority  of  all  the  votes  cast  was 
declared  duly  elected  doorkeeper. 

Mr.  Holden  offered  the  following  resolution,  which  was  adapted  : 

Resolved^  That  the  speaker  be  directed  to  emnjoy  Henry 
Courtney, W.  H.  King,  and  J.  D.  Green,  1st,  2d,  and  3a  messengers. 
James  McConnell,  and  Frank  Brown,  as  1st  and  2d  paper-folders, 
and  John  A.  Dickerson,  as  Janitor  of  the  Hall. 

The  oflBcers  and  employees  elect,  then  came  forward  to  the 
Clerk's  desk,  and  the  oath  prescribed  by  the  Constitution,  was  ad- 
ministered by  the  Speaker. 

Mr.  Burnett,  offered  the  following  resolution,  and  moved  its 
adoption: 

ResoVoed^  By  the  House  of  Representatives,  the  Senate  concur- 
ring, that  S.  W.  McEldery,  of  Jefferson  Co.,  be  appointed  Post- 
master, and  L.  P.  Baker  assistant  Postmaster  of  this  General  As- 
sembly. 

The  resolution  was  adopted. 

Mr.  McKutt  offered  tne  following  resolution,  and  moved  its 
adoption : 

ItesoVvedy  That  the  rules  of  the  last  House  be  adopted  as  the 
standing  rules  of  this  House,  and  that  the  Chief  Clerk  be  requested 
to  have  three  hundred  copies  of  the  same  reprinted  for  the  use  of 
members  ;  and  that  he  snail  procure  and  have  attached  to  said 
rules  the  name,  age,  occupation,  county,  post-office  address,  length 
of  time  in  the  State,  religion,  nativity,  and  boarding  place  of  mem- 
bers of  this  House,  atid  officers  thereof. 

Mr.  Knssell  offered  the  following  resolution  as  a  substitute,  and 
moved  its  adoption ; 

ReaoVvedy  That  the  rules  of  the  House  of  Representatives  of  the 
Tenth  General  Assembly  are  hereby  temporarily  adopted  for  the 


HOUSE  OF  RBPRBSENTATrVBS.  9 

government  of  this  Hoase ;  and  that  a  committee  on  rules,  consist- 
ing of  fi?e  members,  be  appointed  by  the  Speaker,  with  instructions 
to  report  permanent  roles  for  the  government  of  the  House,  at  an 
earlj  day. 

The  motion  to  substitute  was  lost.  Mr.  McNatt's  resolution  was 
adopted. 

Mr.  Finkbine  ofiFered  the  following  resolution : 

Resolved^  That  the  Chief  Clerk  be  instructed  to  employ  some 
competent  person  to  make  a  diagram  of  the  House  for  the  use  of 
the  Speaker. 

Mr.  Williams  moved  to  amend  by  striking  oat  the  words  "  com- 
petent person,"  and  inserting  "  Robert  S.  Finkbine." 

The  motion  to  amend  was  lost,  and  the  resolution  was  adopted. 

Mr.  Close  offered  the  following  resolution,  which  was  adopted  : 

Besolved,  That  the  Pastors  of  the  different  churches  of  this  city 
be  invited  to  act  as  Chaplain  of  this  House,  and  to  arrange  among 
themselves  as  to  the  order  in  which  they  shall  officiate. 

Mr.  Hale  moved  that  a  committee  of  two  be  appointed  to  ar- 
range with  the  Postmaster  of  this  city  for  the  postage  of  members. 

The  motion  prevailed,  and  the  Speaker  appointed  Messrs.  Hale 
and  Sberiikan. 

On  motion  of  Mr.  McNutt,  a  committee  of  two  was  appointed  to 
inform  the  Senate  that  the  House  was  organized  and  ready  to  pro- 
ceed to  business. 

The  Speaker  appointed  Messrs.  McNutt  and  Fellows. 

Mr.  Wilson,  oi  Dubuque,  offered  the  following  resolution : 

Eeaolved^  That  a  committee  of  two  be  appointed  to  call  upon  the 
Governor,  and  inform  him  that  the  House  is  organized  and  ready 
to  receive  any  communication  which  he  may  deem  it  proper  to 
make. 

The  resolution  was  adopted  and  the  Speaker  appointed  Mr.  Wil- 
son, of  Dabuque,  and  Mr.  Rogers. 

On  motion  of  Mr.  Maxw^I,  the  House  adjourned  until  two 
o^dock  P.  M. 


Januaky  19 — 2  o'clock  p.  m. 

The  House  met  pursuant  to  adjournment. 

'  Mr.  Tracy  moved  that  a  comnaittee  of  two  be  appointed  to  carry 
into  effect  the  resolVition  adopted  in  the  morning  in  regard  to  Chap- 
lains. 

The  motion  prevailed,  and  Messrs.  Tracy  and  Close  were  ap- 
poinetd  as  such  committee. 
Mr.  Bereman  offered  the  following  resolution  which  was  adopted : 
2 


10  JOURNAL  OF  THE 

^esolvedy  By  the  Honse  of  Representatives,  the  Senate  eoncar- 
ring,  that  the  Governor  of  Iowa  be  requested  to  commnnicate  with 
the  Secretary  of  War,  and  to  request  on  behalf  of  this  Assembly, 
the  immediate  muster-oat  of  service  of  the  First  Iowa  Cavalry, 
and  such  other  Iowa  Kegiments  or  companies  whose  services  can 
be  dispensed  with. 

GOVERNOR'S  MESSAGE. 

STATE  OP  IOWA,  EXECUTIVE  OPPICB, ) 
Dks  Moinbs,  January  8th,  1866.     f 

OenUemen  of  the  Senate  cmd  House  of  Representativea  : 

As  the  chosen  representatives  of  the  people,  yon  are  convened 
in  obedience  to  the  requirements  of  the  Constitution,  to  discharge 
the  important  duties  which  devolve  upon  the  Legislative  branch  of 
the  State  Government,  and  I  heartily  congratulate  yon  upon  the 
encouraging  anspices  under  which  we  meet.  From  a  conditon  of 
disastrous  and  protracted  war,  existing  at  the  close  of  your  last 
session,  the  country  has  triumphantly  passed  to  a  period  of  repose 
which,  through  wise  counsels  and  the  continued  blessing  of  Prov- 
idence, we  fondly  hope  may  become  perpetual. 

In  communicating  to  you  the  condition  of  the  State,  as  required 
by  the  Constitution,  I  deem  it  expedient  for  your  information  to 
present,  in  connection  with  the  financial  statement,  an  exhibit  of 
our  military  expenditures  from  the  beginning  of  the  war  to  the 
present  time.  And  I  may  be  allowed  to  anticipate  this  exhibit  with 
the  remark  that,  considering  the  sparseness  of  our  settlements,  the 
absence  of  steamboat  and  railroad  facilities,  largely  supplied  by 
wagon  transportation,  and  that,  in  proportion  to  our  population, 
we  have  furnished  a  larger  number  of  troops  than  any  other  State, 
promptly  ;filling  all  our  quotas,  our  record  presents  through  the 
entire  period  an  economy  of  expenditure  equalled  by  no  other 
State  in  the  Union. 
There  was  expended  for  military  purposes  from 

May,  1861,  to  Nov.  4,  1861 $233,568  43 

Nov.  4, 1861,  to  Nov.  2,  1863 639,163  85 

Nov.  2,  1863,  to  Nov.  4,  1865 169,231  00 

Nov.  4,  1865,  to  Jan.  1, 1866 4,047  71 

These  dates  express  the  periods  within  which  the  above  sums 
were  paid,  but  not  when  they  were  actually  incurred.  The  amount 
incurred  from  Jan.  14, 1864,  to  Jan.  1,  1866,  is.$44,931.32.  Total 
military  expenditures  for  all  purposes  up  to  J&nuary  1,  1866,  are 
$1,046,735.99. 

It  will  be  observed  that  most  of  these  expenditures  were  incurred 
during  the  period  beginning  with  the  war  and  closing  with  the 
fiscal  year  1863.    This  was  caused  by  our  being  compelled,  in  order 


HOUSE  OF  RBPR8BBNTATIVBS.  H 

to  ikcilitate  the  military  operations  of  the  General  Government,  to 
defray  a  large  portion  of  the  expenses  incurred  in  enlisting,  trans- 
porting, sabsisting,  quartering  and  paying  the  volunteer  forces  or- 
ganized in  this  State.  The  sums  thus  expended  were  regarded 
merely  as  money  advanced  to  the  United  States,  for  which,  under 
the  Acts  of  Congress  approved  respectively  July  17th  and  27th, 
1861,  we  are  entitled  to  reimbursement. 

Although  we  have  tilled  four  several  requisitions  of  the  Presi- 
dent for  troops,  and  organized  four  regiments  and  one  battalion, 
daring  the  last  two  years,  yet  the  entire  cost  to  the  State  will  not 
exceed  one  thousand  dollars.  While  I  was  anxious  that  our  State 
fihonid  promptly  discharge  its  entire  duty  in  contributing  to  the 
national  defense,  in  the  way  of  furnishing  men,  I  refused  to  defray 
the  expense  involved  in  recruiting  and  forwarding  our  quotas  from 
the  State  Treasury ;  and  accordingly  the  expenditures  thus  made 
were*  paid  by  disbursing  officers  assigned  by  the  War  Department. 
The  residue  of  the  expenditure  of  these  two  years  was  incurred  in 
organizing  the  State  Militia,  under  Act  of  the  General  Assembly 
approved  March  26,  1864,  transporting  arms  and  ammunition,  ex- 
pense of  the  Adjutant  General's  office,  detail  of  men  for  protect- 
ing Southern  border  counties  from  threatened  raids  in  the  fall  of 
1864  and  the  winter  of  1865,  and  for  all  other  military  purposes 
except  the  Sanitary  Department. 

CLAIMS  AOAINST  THE   UNITBD   STATES. 

I  desire  in  this  connection,  as  briefly  as  I  can,  to  present  the 
condition  of  our  claims  against  the  United  States  for  reimburse^ 
ment  under  the  Acts  of  Congress  above  referred  to.  The  sums 
embraced  in  these  claims  were  mostly  expended  during  the  first 
and  second  years  of  the  war  from  the  War  and  Defense  Fund  ap 
propriated  by  Act  of  the  Special  Session,  May,  1861.  The  history 
of  our  military  transactions  during  this  period  is  too  well  known 
to  the  members  of  your  honorable  boay  to  require  explanation 
here.  The  evidence  is  perfectly  clear  that  these  claims  are  for 
money  unavoidably  expended  for  legitimate  military  purposes; 
and  also  that  they  were  allowed,  audited  and  paid  by  the  account- 
ing and  disbursing  officers  of  the  State,  in  strict  conformity  with 
the  laws  of  the  General  Assembly.  IJpon  this  point,  there  has 
never  been  any  room  for  controversy,  as  the  accounting  officers  of 
the  United  States  Treasury  freely  concede.  But  the  real  difficulty 
between  us  arises  from  the  fact,  that,  after  a  large  share  of  these 
claims  had  been  paid  by  the  State  in  the  utmost  good  faith,  the 
Secretary  of  the  U.  8.  Treasury  adopted  a  set  of  regulations  ex- 
ceedingly technical  and  unreasonable  in  their  character,  by  which 
the  accounting  officers  of  that  department  were  required  to  be 
governed  in  examining  the  military  claims  of  the  several  States. 
In  the  biennial  message  of  my  predecessor,  under  whose  adminis- 


12  JOURNAL  OF  THE 

tration  these  transactions  occurred,  this  conflict  is  fully  explained, 
as  follows : 

"  There  is  due  this  State,  from  the  United  States,  for  expenses 
incurred  by  the  State  in  raising  and  equipping  troops,  and  sending 
them  to  the  field,  and  for  other  purposes  growing  out  of  the  rebel- 
lion, the  estimated  amount  of  $300,000.  There  is  much  diflSculty 
in  procuring  an  adjustment  of  this  claim  at  Washington.  When 
these  moneys  were  expended  by  the  State,  there  was  no  law  of 
Congress,  or  regulation  of  the  Federal  Government,  prescribing 
the  form  in  which  proof  of  the  expenditure  should  be  taken  ;  and 
the  General  Assembly  of  this  State  provided,  by  law,  for  such  proofs 
and  vouchers  as  were  deemed  sufficient,  both  for  the  protection  of 
the  State  and  the  United  States.  Upon  presentation  of  these  proofs 
and  vouchers  to  the  proper  Department  at  Washington,  they  are 
found  not  to  comply,  in  form,  with  regulations  since  adopted  by 
that  Department ;  and  it  is  doubtful  whether  they  will  be  allowed 
without  some  legislation  by  Congress.  Some  portions  of  thesa 
expenditures,  thus  made,  are  also  objected  to  as  not  coming  within 
the  letter  of  existing  laws  of  the  United  States.  Among  these  are 
the  sums  paid  by  the  State  for  the  subsistence  and  pay  of  the  troops 
that  went  from  this  State  to  Missouri,  at  the  request  of  the  United 
States  officers,  under  the  command  of  Colonels  Edwards  and 

MORLEDGE. 

"There  is,  also,  an  unsettled  claim  against  the  United  States,  for 
expenditures  by  the  State,  for  the  protection  of  our  people  during 
the  two  winters  following  the  massacre  on  our  north-western 
frontier,  by  Ink-pa-du>tah  and  his  band.  The  United  States  are 
also,  in  my  judgment,  justly  liable  for  the  amounts  expended  by 
this  State  in  protecting  our  people  on  the  north-western  and  south- 
em  borders  since  the  commencement  of  the  rebellion.  I  recom- 
mend the  appointment  of  an  agent  of  the  State  to  proceed  to 
Washington  to  press  the  adjustment  of  these  claims,  and  to  secure, 
if  necessary,  additional  legislation  by  Congress  for  that  purpose." 

I  fully  concur  in  the  opinion  that  the  United  States  is  under 
obligation  to  reimburse  this  State  for  money  expended  in  defending 
our  frontiers  from  Indian  depredations.  The  General  Government 
having  assumed  exclusive  jurisdiction  over  the  Indian  tribes,  and, 
being  therefore  responsible  for  their  conduct,  should  willingly  re- 
fund all  money  necessarily  expended  by  this  State  in  protecting  its 
borders  against  their  savage  incursions.  The  claim  for  money  ex- 
pended in  maintaining  the  Northern  Border  Brigade  rests  upon 
this  ground.  The  organization  of  the  Southern  Brigade  was 
rendered  necessary,  in  the  opinion  of  the  General  Assembly,  to 
protect  the  border  counties  from  the  depredations  of  guerrilla 
bands  existing  in  the  adjacent  State  of  Missouri.  These  expendi- 
tures, though  constituting  just  claims  against  the  United  States,  in 
the  absence  of  any  general  law  covering  the  case,  will  not  proba- 


HOUSE  OF  RBPBBBSNTATIVES.  13 

bly  be  secured  to  us  without  further  legislation  by  Congress.     This 
matter  is  respectfully  referred  to  your  consideration. 

In  compliance  with  the  provisions  of  Chapter  61,  Acts  of  the 
last  session,  I  visited  Washington  and  found  the  military  claims  of 
the  State  in  a  very  unsatisfactory  condition.  But  little  progress 
had  been  made  in  their  examination,  and,  under  the  regulations 
above  referred  to,  most  of  them  were  necessarily  suspended  as  the 
examination  advanced.  I  pointed  out  the  gross  hardship  of  these 
regulations  to  the  Secretary  of  the  Treasury,  and  repeatedly  solic- 
ited their  modification,  so  as  to  make  them  conform  to  the  laws  of 
this  State,  under  which  our  claims  were  allowed  and  paid.  Fail- 
ing in  this,  I  presented  the  matter  to  the  President,  who  readily 
perceived  their  injustice,  and  gave  his  opinion  to  the  Third  Audi- 
tor of  the  Treasury,  that,  under  the  circumstances,  they  should  not 
be  rigorously  applied  in  the  examination  of  the  Iowa  claims. 
Although  this  opinion  was  freely  expressed  by  the  President,  yet 
he  declined  to  make  any  positive  order  for  the.  modification  of  these 
rules,  on  the  ground  that  the  subject  was  within  the  peculiar  prov- 
ince of  the  Secretary  of  the  Treasury.  •  Repeated  efforts  have  been 
made  by  myself  and  others  for  a  suspension  or  change  of  the  reg- 
ulations mentioned,  so  as  to  procure  a  favorable  examination  of 
our  claims,  but  so  far  the  labor  has  been  unavailing. 

On  the  1st  of  October  last,  I  was  advised  by  the  Third  Auditor 
that  the  preliminary  examination  of  the  Iowa  claims  had  been  con- 
cluded, and  a  "statement  of  differences"  forwarded.  From  this 
statement,  now  in  the  Executive  office,  it  appears  that  the  total 
amount  of  Iowa  claims  on  file  in  the  Treasury  Department  is 
about  $61 6,739.07.  Of  this  amount,  $20,825.00  have  been  allowed ; 
1430,326.70  suspended,  and  $165,589.23  disallowed. 

To  have  a  full  understanding  of  the  subject,  it  will  be  necessary 
to  bear  in  mind  that  this  total  of  $616,739.07  embraces  the  entire 
amount  of  our  Military  expenditures  for  a  given  period,  including 
expenses  of  the  Adjutant-General's  Office,  Governor's  Aids,  inter- 
est on  money  borrowed.  State  Agents,  duplicate  payments  to 
troope,  &c.,  which  do  not  come  within  the  provisions  of  the  Acts 
of  Congress,  aneTfor  which  we  cannot  reasonably  expect  reim- 
borsment.  This  class  of  claims  amounts  in  the  ao^regate  to 
$165,589.23,  stated  as  disallowed.  The  sum  of  $130,326.70,  stated 
as  suspended,  is  money  legitimately  paid  on  behalf  of  the  United 
States  in  recruiting  and  getting  troops  into  the  field.  This  sum 
has  been  merely  suspended  for  want  of  the  technical .  proofs  re- 
quired by  the  Treasury  regulations  above  referred  to,  and  is  sub- 
ject to  re-examination  and  allowance.  This  is  the  entire  amount 
in  dispute  between  the  State  and  the  General  Government  under 
the  Acts  of  July,  1861. 

Upon  this  claim  the  United  States  is  entitled  to  credit  for 
$384,274.80,  being  the  quota  of  the  direct  Federal  tax  apportioned 
for  the  year  1861,  to  this  State  by  the  Act  of  Congress  approved 


14  JOURNAL  OP  THE 

Angust  5,  1861,  the  assessment  and  collection  of  which  the  State 
assumed  by  Act  of  the  General  Assembly,  approved  January  81, 
18t52,  and  also  to  the  further  sum  of  $100,000.00  paid  the  State  from 
the  United  States  Treasury,  in  advance  of  settlement  on  our  mili- 
tary disbursements  specified  above — making  a  total  credit  of 
$484,274.80. 

Subsequent  levies  of  this  direct  tax  upon  the  States  were  abol- 
ished by  Act  of  Congress,  approved  June  30,  1864,  but  leaving 
them  still  liable  for  the  apportionment  of  1861.  Section  53  of  the 
Act  of  August  5,  1861,  and  the  Act  amendatory  thereto,  approved 
May  18,  1862,  provide  in  substance  for  allowing  such  portion  of 
tliis  tax,  due  from  any  State,  to  be  paid  and  satisfied  in  whole  or 
in  part  by  the  release  of  such  State,  duly  executed,  to  the  United 
States  of  any  liquidated  and  determined  claim  of  such  State  for 
reimbursement  of  expenses  incurred  in  enrolling,  subsisting,  trans- 
porting, &c.,  troops  employed  in  aiding  to  suppress  the  rebellion, 
as  should  be  filed  with  the  proper  officers  of  the  United  States 
before  the  30th  of  July  1862.  Tlie  bulk  of  the  military  claims  of 
this  State  was  duly  filed  iti  the  Treasury  Department  within  the 
time  thus  limited,  but  not  having  been  ^^  liquidated  and  determined^^ 
by  its  accounting  officers,  no  release  nas  or  could  have  been 
executed. 

All  of  the  money  derived  to  the  State  Treasury  from  the  levy 
imposed  by  the  Act  of  January  31st,  1862,  has  been  absorbed  in  the 
redemption  of  warrants  issued  uppn  these  War  and  Defense  Claims, 
and  was,  therefore,  a  virtual  payment  of  them  out  of  funds  belong- 
ing to  the  United  States,  being  sufficient  as  will  be  perceived  witn 
the  $100,000.00  advanced  to  me  State  to  more  than  cover  the  en- 
tire amount  of  our  suspended  demands  against  them. 

Under  these  circumstances,  I  have  determined  to  hold  these  un- 
adjusted claims  as  an  offset  to  this  direct  tax,  unless  otherwise  di- 
rected by  the  General  Assembly.  This  course  I  have  considered 
necessary  to  protect  the  interests  of  the  State  from  what  I  am  con- 
strained to  regard  as  exceedingly  disingenuous  conduct  on  the  part 
of  the  Treasury  Department  towards  us.  By  pursuing  this  course, 
but  little  detriment  can  result  to  the  State  from  the  suspension  of 
onr  claims.  But  as  a  final  adjustment  is  desirable  for  both  parties, 
steps  should  be  taken  to  procure  it  without  unnecessary  delay ; 
ana  I  therefore  recommena  the  appointment  of  a  special  commit- 
tee to  investigate  the  subject,  and  report  a  definite  and  practicable 
plan  for  securing  a  settlement. 

V 

FINANCB  AND  BSVSNUE. 

Our  financial  affairs  were  never  in  a  sounder  condition.  During 
the  entire  period  of  the  war  we  have  levied  but  two  mills  on  the 
dollar  for  State  purposes ;  and  have  incurred  an  indebtedness  of 
only  $300,000,  which  was  for  military  expenditures  during  the  first 


HOUSE  OF  RBPREfiENTATIYES.  15 

year  of  the  war.  The  total  amount  receiTed  in  the  Treasury  dur- 
ing the  fiscal  two  years  ending  November  4, 1865,  was  $977,825.10 ; 
and  the  amount  expended  tor  all  purposes  for  the  same  period 
is  $952,739.42,  leaving  a  balance  in  the  Trealsury  of  $25,087.68. 

The  total  amount  of  State  revenue  derivable  from  general  levy 
at  two  mills,  and  other  sources  for  the  ensuing  biennid  period,  ex- 
duding  the  estimated  balance  due  from  the  United  States  Govern- 
ment, may  be  calculated  at  $1,311,002.87. 

The  total  disbursements  required  for  the  same  period  for  ordinary 

Eorpoaes,  including  payment  of  bonds  ($200,000)  due  in  1868,  may 
B  estimated  with  approximate  accuracy  at  $794,923.65,  leaving  a 
balance  of  $516,079.22  in  favor  of  resources,  from  which  to  make 
such  special  appropriations  as  the  General'  Assembly  shall  deem 
expedient. 

The  entire  debt  of  the  State  is  only  $622,295.75,  consisting  of 
tl22,295.75  loaned  from  the  Permanent  School  Fund,  November 
12th,  1864 ;  loan  of  $200,000.00,  payable  January,  1868 ;  and 
1300,000.00  War  and  Defense  Bonds. 

The  amount  loaned  from  the  School  Fund  is.  practically,  so 
mnch  borrowed  from  ourselves,  and  is  only  a  metnod  resorted  to 
for  the  permanent  investment  of  that  fund.  The  interest  on  this 
loan  is  due  semi-annually;  but  the  principal  is  payable  at  the 
pleasure  of  the  General  Assembly;  leaving  only  $500,000.00  as 
the  actual  indebtedness  of  the  State.  The  $200,000.00  due  January 
iBt,  1868,  may  be  promptly  met  from  present  resources.  The  re- 
maining $300,000  are  not  due  until  1881. 

This  record  of  economy  and  exemption  from  indebtedness  is  a 
Bobject  of  profound  satisfaction  to  our  people. 

The  annual  interest  on  the  bonds  of  1858  amounts  to  $14,000  ; 
and,  to  cartail  this  expenditure  as  far  as  possible,  I  recommend  the 
passage  of  an  act  authorizing  the  State  Treasurer  to  redeem  these 
Donds  as  he  may  be  able  to  secure  them^  out  of  money  in  the 
Treasury  not  required  for  other  purposes. 

Our  laws  regulating  the  assessment  and  collection  of  taxes, 
though  possibly  defective  in  some  respects,  have  in  the  main  been 
eminently  successful.  Careful  observation  has  satisfied  me  that 
any  attempt  to  improve  the  present  revenue  system  by  additional 
l^slation  would  be  an  experiment  of  doubtful  expediency. 

POPULATION. 

The  population  of  Iowa,  according  to  the  census  of  1863,  was  as 
follows : 

Total  number  of  whites 700,842 

Total  number  of  blacks 1,320 

Total  population 702,162 


16  JOURltAL  OP  THB 

According  to  the  census  of  1865,  the  population  of  Iowa  is  as 
follows : 

Total  number  of  whites 751,125 

Total  number  of  blacks 3,607 

Total  population 754,732 

No  report  for  1865  from  the  populous  county  of  Winneshiek  has 
been  furnished,  and  the  return  for  1863  being  taken  tor  this  county, 
a  heavy  increase  is  thereby  omitte^i  in  the  above  calculation.  The 
census  of  1865  also  having  been  taken  in  the  early  portion  of  the 
year,  the  spring  and  fall  immigration  is  necessarily  left  out.  In 
all  probability  there  are  now  over  20,000  people,  residents  of  Iowa, 
not  included  for  these  reasons  in  the  above  statement,  which  would 
give  an  actual  population  of  about  775,000.  It  will  be  observed 
that  our  increase  has  been  much  greater  during  the  last  two  years 
than  the  former  periods.  If  the  increase  continues  in  the  same 
ratio  during  the  residue  of  this  decade,  we  may  justly  anticipate 
the  next  National  Census  will  give  us  a  population  of  nearly  one 
million. 

It  is  observable  that  the  ratio  of  our  increase  keeps  pace  with 
the  advance  of  railroad  enterprises,  furnishing,  as  they  do,  increased 
facilities  for  traveling,  and  additional  means  for  improving  and  de- 
veloping the  resources  of  the  State. 

The  large  amount  of  unoccupied  and  fertile  lands  within  our 
borders,  our  vast  agricultural  resources,  and  our  healthy  climate, 
furnish  so  great  inducements  to  the  surplus  and  enterprising  popu- 
lation of  the  older  States,  that  we  may  reasonably  expect  this  rapid 
increase  of  population  to  continue  for  years  to  come. 

SCHOOLS, 

By  reference  to  the  clear  and  comprehensive  report  of  the  Su- 
perintendent of  Public  Instruction,  it  will  be  observed  that  the 
schools  of  the  State  are  in  a  healthy  and  flourishing  condition. 
The  system  is  working  well,  and  is  so  far  perfected  as  to  require 
but  little  additional  les^islation. 

The  average  attendance  of  pupils  during  the  year  1864  was 
117,378,  and  the  number  of  youth  of  school  age,  294,912.  Out  of 
324,338  enumerated  school  children  in  1865  there  was.  an  average 
attendance  of  119,593  pupils. 

Nothing  committed  to  your  care  is  more  far-reaching  in  its  im- 
portance than  the  education  of  our  youth.  To  carry  out  this  ex- 
alted duty  successfully,  we  need  not  only  the  munificent  school 
fund  at  our  disposal,  but  we  need  especially  an  increasing  corps  of 
thoroughly  trained  and  competent  teachers.  This  is  manifestly  a 
great  educational  demand. 

To  supply  this  pressing  want,  a  Normal  Department  has  been 


HOUSE  OP  REPRB8ENTATIVES.  17 

The  system  is  working  well,  and  is  so  far  perfected  as  to  require 
bat  little  additional  les^islation. 

The  average  attendance  of  pupils  during  the  year  1864  "was 
117,378,  and  the  number  of  youth  of  school  age,  294,912.  Out  of 
32i,33S  enumerated  school  children  in  1865  there  was  an  average 
attendance  of  119,593  pupils. 

Nothing  committed  to  your  care  is  more  far-reaching  in  its  im- 
portance than  the  education  of  our  youth.  To  carry  out  this  ex- 
alted duty  successfully,  we  need  not  only  the  munificent  school 
fand  at  our  disposal,  but  we  need  especially  an  increasing  corps  of 
thoroughly  trained  and  competent  teachers.  This  is  manifestly  a 
great  educational  demand. 

To  supply  this  pressing  want,*  a  Normal  Department  has  been 
added  to  the  State  University ;  but  it  is  questionable  whether  this 
provision  is  or  can  well  be  adequate  to  the  purpose.  I  would 
therefore  most  earnestly  invite  your  attention  to  the  importance 
aod  necessity  of  establishing  a  special  school  for  the  exclusive  pur- 
pose of  training  teachers,  with  as  I^tle  delay  as  possible.  The 
value  of  special  preparation  for  all  professional  avocations  cannot 
be  easily  over-estimated,  and  should  certainly  not  be  disregarded 
in  the  infinitely  important  work  of  educating  the  young.  I  there- 
fore cordially  approve  and  recommend  to  your  favorable  consider- 
ation the  suggestions  of  the  Superintendent  of  Public  Instruction, 
bearing  on  the  subject  of  a  Normal  School. 

STATE   UNIVERSITY. 

The  State  University,  located  at  Iowa  City,  is  meeting  with  a 
most  gratifying  success.  The  present  year  opens  with  a  largely 
increased  attendance  in  all  the  departments.  Established  by  the 
Constitution,  munificently  endowed  by  grants  of  lands,  centrally 
situated  in  the  midst  of  a  cultivated  and  enterprising  community, 
with  the  growing  confidence  of  our  people,  and  conducted  by  a 
faculty  of  laboring  and  competent  professors  ;  it  bids  fair  in  time 
to  equal  in  nsefulness  and  renown  the  famed  seats  of  learning  in 
the  older  States. 

An  appropriation  was  made  at  your  last  session  for  the  erection 
o(  an  additional  and  much  needed  building.  Owing  to  the  unex- 
pected and  rapid  advance  in  the  price  of  material  and  labor,  a 
farther  appropriation  of  about  $11,000  will  be  necessary  to  com- 
plete the  structure  as  designed,  which  I  earnestly  recommend  be 
granted.  The  wants  of  this  important  institution  should  always 
be  promptly  provided  for. 

A  Dniversity  is  properly  an  institution  in  which  all  departments 
of  learning  are  taught.  A  branch  for  instruction  in  the  science  of 
medicine  is  now  established  at  Keokuk.  In  order  to  obviate  the 
necessity  our  young  men  are  now  under  of  going  out  of  the  State 
to  pursue  a  regular  course  of  studies  in  juri^prtidence,  and  to  pro- 


18  JOURNAL  OP  THE 

mote  sound  legal  [learning,  I  recommend  the  organization  of  a 
Law  Department,  with  power  to  confer  diplomas  upon  graduates 
which  shall  entitle  their  possessors  to  practice  in  all  the  Courts  of 
the  State. 

While  in  some  respects  it  would  be  desirable  to  have  the  Law 
School,  when  establisheJ,  located  at  the  same  place  with  the  colle- 
giate department  ot  the  University,  yet  the  fact  that  the  United 
btates  and  State  Supreme  Courts,  attracting  at  regular  periods  the 
most  eminent  legal  talent  of  the  State,  sit  at  Des  Moines,  and  that 
the  State  Law  Library,  a  valuable  auxiliary  to  a  Law  School,  is 
also  located  there,  present  peculiarly  strong  reasons  for  the  location 
of  this  school  at  the  Capital.  Law  students  will  naturally  seek 
Court  centers,  where,  while  studying  the  principles  of  law,  they 
can  also  observe  its  practical  workings  in  the  conduct  of  causes. 

PERMAUENT   SCHOOL  FUND, 

The  Auditor  in  his  able  report  has  called  your  attention  to  the 
present  condition  of  the  peAnanent  School  Fund.  This  subject 
should  receive  your  early  and  serious  attention.  The  plan  orig- 
inally adopted  of  distributing  this  fund  among  the  counties,  vest 
ing  the  school  fund  commissioners  with  authority  to  loan  it  out 
to  individuals,  always  of  doubtful  expediency,  has  caused  much 
embarrassment,  and  resulted  in  a  material  diminution  of  the 
fund.  Through  the  incompetency  and  mismanagement  of  county 
officers  a  large  amount  remains  unaccounted  for,  and  although 
strenuous  efforts  have  been  made  by  the  Auditor  of  State  to  obtain 
a  satisfactory  adjustment  of  the  accounts,  great  discrepancies  still 
exist  in  many  instances  between  the  sums  charged  to  counties  and 
the  amounts  accounted  for  in  their  returns.  Unless  a  careful  set- 
tlement can  be  obtained  with  those  delinquent  counties,  apd  the 
remedies  against  them  strictly  enforced,  the  ultimate  loss  to  the 
School  Fund  will  amount  to  many  thousands  of  dollars. 

The  last  General  Assembly,  by  the  Act  approved  March  29, 
1864,  attempted  to  provide  for  the  gradual  return  of  the  School 
money  to  the  State  Treasury  ;  but  this  Act  leaves  it  discretionary 
with  the  County  Supervisors  to  retain  and  reloan  it  in  their 
counties,  or  direct  it  to  the  State  Treasurer  for  the  purpose  of 
being  invested  in  U.  S.  Stocks,  as  they  may  deem  advisable.  If 
it  should  be  considered  expedient  to  withdraw  this  fund  entirely 
from  the  counties,  and  invest  it  in  safe  and  available  securities,  it 
will  be  necessary  to  modify  the  2d  section  of  this  Act,  and  make 
it  obligatory  upon  County  Treasurers  to  transmit  this  fund 
promptly  as  received  to  the  Treasurer  of  State  for  investment.  I 
cordially  recommend  to  you  the  suggestions  of  the  Auditor,  whose 
opportunities  for  thoroughly  understanding  this  subject  entitle  his 
views  to  j^reat  weight. 

Our  Constitution  makes  the  State  the  responsible  and  perpetua.. 


HOUSE  OP  REPRBBBNTATIVES.  19 

goardiaa  of  this  fund,  ultimately  liable  for  every  dollar  which 
passes  through  its  hands.  From  this  liability  the  State  cannot 
absolve  itself;  and,  the  people  being  subject  to  taxation  for  all 
losses  which  may  occur,  the  importance  of  carefully  guarding  and 

{reserving  this  fund  by  efficient  legislative  enactment  is  apparent, 
he  educational  interests  of  the  State,  and  the  success  of  our  com- 
mon schools  depend  upon  it ;  and  therefore  this  duty  must  at  all 
hazards  be  faithfully  performed. 

It  should  be  borne  in  mind  that  the  principal  constitutes  the  per- 
manent and  inexhaustible  fund,  while  only  the  interest  derived 
from  its  investment  creates  the  semi-annual  fund  distributed  among 
the  schools  pf  the  State  for  their  current  support.  No  mode  of 
investment  or  rate  of  interest  is  prescribed  by  the  Constitution. 
This  matter  is  left  to  the  sound  judgment  of  the  Legislative 
department.  We  may  loan  it  out  to  individuals  as  we  have  here- 
tofore done,  or  invest  it  in  bonds  either  State  or  National.  I  am 
decidedly  of  the  opinion  that  it  would  be  advisable  to  require  the 
whole  of  this  fund,  now  floating  among  the  counties,  to  be  returned 
to  the  State  Treasury  as  soon  as  practicable,  and  so  invested  as  to 
render  the  interest  promptly  receivable  for  apportionment  among 
the  schools. 

Would  it  not  be  judicious  to  redeem  our  outstanding  State  bonds 
with  this  fnnd,  executing  in  lieu  thereof,  bonds  bearing  the  s^me 
rate  of  interest,  payable  semi-annually  to  the  School  JFund,  and 
the  principal  redeemable  at  the  pleasure  of  the  General  Assembly  ? 
We  are  now  paying  an  annual  interest  of  $35,000  upon  our  bonded 
debt,  and  the  most  of  this  goes  into  the  pockets  of  non-resident 
holders.  By  adopting  the  plan  here  suggested  we  could,  within  a 
reasonable  time,  liquidate  our  entire  indebtedness,  by  transferring 
it  to  ourselves,  paying  the  Schools  of  the  State  instead  of  strangers, 
the  interest  accruing  thereon  ;  and  at  the  same  time  make  a  safe 
and  permanent  investment  of  this  sacred  fund.  I  can  perceive 
no  sound  objection  to  this  measure,  and  its  importance  is  so 
obvious  that  I  trust  it  will  meet  with  your  early  and  favorable  con- 
sideration. 

AGBIOULTUBAL  OOLLEOE. 

The  completion  of  the  Agricultural  College  is  a  subject  which 
demands  your  early  attention.  By  the  Act  of  Congress  under 
which  we  obtained  this  rich  endowment  of  lands  for  the  benefit  of 
Agricaltore  and  the  Mechanic  Arts,  the  State  is  required  within 
live  years  from  the  date  of  the  grant,  to  provide  at  least  one  Col- 
1^  as  described  in  said  Act.  If  we  fail  to  coniply  with  this  con- 
dition, the  lands  thus  granted  will  revert  to  the  U  nited  States.  To 
lose  this  magnificent  donation  by  our  own  neglect  or  parsimony, 
afteV  having  accepted  it,  would  not  only  reflect  lasting  disgrace 
upon  the  State,  bat  would  be  an  irretrievable  injury  to  the  advance- 


20  JOURNAL  OF  THE 

ment  of  our  agricaltnral  interests.  .  The  primary  object  of  this 
grant  is  to  establish  an  experimental  and  model  farm  where  all  the 
truits  and  cereals  adapted  to  onr  climate  and  soil  may  be  thoroughly 
and  scientifically  tested.  The  object  of  the  College,  as  contempla- 
ted by  the  law,  is  to  teach  the  different  sciences  which  are  neces- 
sary to  more  eminently  qualify  our  young  men  for  this  ennobling 
avocation.  Such  is  the  character  of  our  climate  and  soil  that  agri- 
culture will  not  only  be  a  profitable  pursuit,  but  must,  in  the  very 
nature  of  things,  forever  constitute  the  great  underlying  interest 
of  the  State.  Therefore,  the  necessity  of  providing  an  institution 
for  the  proper  education  of  our  young  farmers  in  all  those  branches 
applicable  to  their  calling  is  so  obvious,  that  I  trust  you  will  not,  as 
tne  legal  guardians  of  t&ls  projected  institution,  hesitate  to  freely 
give  it  your  fostering  care. 

As  required  by  the  act  of  the  last  session,  the  Board  of  Trustees, 
after  careful  and  due  examination,  adopted  a  plan  and  specifications 
for  a  College  building.  In  addition  to  this,  «the  Board  secured 
sworn  estimates  by  architects  and  master-workmen,  of  the  cost  of 
the  building  according  to  the  plan  submitted.  The  proof  so  fur- 
nished satisfied  the  6oard  and  myself  that  the'  structure  thus  de- 
signed could  be  completed  within  the  limits  prescribed  by  the  Act. 

The  work  was  begun  in  the  utmost  good  faith  ;  but  the*estimate 
of  expenses  being  based  upon  prices  prevailing  at  the  time,  bur 
calculationis  were,  to  a  great  extent,  frustrated,  in  consequence  of 
the  unexpected  and  exorbitant  advance  in  the  prices  of  materials 
and  mechanical  labor.  The  foundation  is  completed  and  ready  for 
the  walls,  and  a  large  portion  of  the  brick  for  the  entire  building 
on  the  ground.  The  appropriation,  it  will* be  remembered,  was 
but  two-fifths  of  the  limited  cost  of  the  structure.  These  facts  are 
more  fully  explained  in  the  memorial  of  the  Board,  which  in  due 
time  will  be  presented  for  your  consideration. 

This  building  must  be  completed  at  all  hazards,  and  I  trust  the 
General  Assembly  will  not  hesitate  to  make  an  appropriation  ade- 
quate to  accomplish  the  work  within  the  time  limited  oy  the  grant. 
When  completed  upon  the  present  plan,  next  to  the  Insane  Asylum 
at  Mt.  Pleasant,  it  will  be  the  finest  edifice  in  the  State ;  and  will 
have  been  erected  for  a  much  smaller  sum  than  the  other  States 
have  expended  upon  their  Colleges  under  the  same  grant. 

I  also  recommend  an  appropriation  of  $5,000  for  the  purpose  of 
reliably  testing,  by  means  of  an  experimental  orchard,  the  varieties 
of  fruit  best  aaapted  to  the  soil  and  climate  of  this  State,  and  for 
the  purchase  of  additional  heads  of  improved  stock.  These  depart- 
ments will  be  of  immense  practical  value  to  the  State,  and  can 
soon  be  made  self-sustaining ;  and  their  utility  depends  very  much 
upon  their  early  introduction. 

HISTORICAL   SOOIETT.  » 

The  State  Historical  Society  is  one  of  the  established  institutions 


HOUSE  OF  RBPRB8KNTATIVE9.  21 

nf  the  State,  and  its  ntility  as  a  permanent  repository  of  historical 
documents,  relics  and  memorials,  will  be  increased  from  year  to 
jear.  This  institation  should  be  liberally  provided  for.  The  in- 
teresting report  of  the  curators  herewith  transmitted,  will  furnish 
jon  with  a  satisfactory  statement  of  its  present  condition  and  wants, 
and  I  respectfully  and  earnestly  commend  them  to  your  attention. 

OHASITABLE   INSTITUTIONS. 

The  Charitable  Institutions  of  the  State  demand  your  careful 
attention,  and  they  should  receive  all  needful  and  appropriate  aid. 
The  reports  of  the  proper  officers  of  the  Insane,  Blind,  and  Deaf 
and  Dumb  Asylums  herewith  submitted,  will  furnish  you  with  all 
necessary  information  in  regard*  to  their  financial  affairs  and  gen- 
eral condition.  They  appear  to  have  been  both  ably  and  economi- 
cally managed.  And  it  should  be  regarded  as'  a  matter  of  sincere 
gratification,  that  these  institutions,  in  spite  of  the  many  embar- 
rassments incident  to  their  foundation  and  early  growth,  have 
steadily  advanced  in  usefulness,  and  are  now  in  an  exceedingly 
tloarishing  condition.  As  our  population  increases,  we  may  natu- 
rally expect  a  corresponding  augrpentation  in  the  number  of  our 
nntbrtunate  fellow-citizens  who  will  require  treatment  and  educa- 
tion in  these  different  institutions,  and  it  becomes  our  solemn  duty 
to  render  them  fully  adequate  to  the  increasing  demands  of  the 
State. 

The  law  requires  the  expense  of  supporting  patients  at  the  In- 
sane Asylam  to  be  paid  either  from  private  means  or  by  the  coun- 
ties from  which  they  are  sent.  Great  inconvenience  results  from 
the  tardiness  with  whjich  many  counties  return  their  dues  to  the 
State  Treasury,  while  some  of  them  have  wholly  ncf^lected  this 
duty.  The  importance  of  promptly  paying  their  dues  should  not 
be  overlooked,  as  all  deficiencies  must  be  made  up  to  the  Asylum 
from  the  general  State  Fund. 

The  Trustees  of  the  Asylums  for  the  Blind,  Deaf  and  Dumb,  and 
Insane,  present,  in  their  reports,  the  proper  financial  statements, 
and  ask  appropriations  for  repairs,  improvements,  and  Contingent 
expenses  deemed  necessary  to  advance  the  ntility  and  meet  the 
increasing  wants  of  their  respective  institutions,  wnich  I  trust  will 
te  promptly  and  favorably  considered. 

STATE    PENITENTIARY. 

The  Penitentiary  at  Fort  Madison  is  one  of  the  permanent  and 
indispensable  institutions  of  the  State.  It  is,  as  yet,  incomplete, 
and  for  years  will  need  regular  appropriations  for  current  expenses 
not  only,  but  large  outlays  for  additions  and  improvements.  It 
now  has  accommodations  for  148  persons,  and  14  additional  cells  in 
a  short  time  will  be  ready  for  occupancy. . 


22  JOURNAL  OP  THE 

A  warden's  hoase,  a  clerk's  office,  a  vanlt  for  the  safe  keeping  of 
the  records  of  the  institution,  and  a  building  104  by  40  feet  for  the 
purpose  of  a  convict  kitchen,  dining  hall,  chapel  and  hospital  are 
about  completed. 

The  labor  of  the  convicts  has  been  leased  at  the  rateof  40f  cents 
a  day,  per  raftan,  the  contract  having  been  made  for  10  years  from 
January  Ist,  1866. 

The  \Varden  asks  for  appropriations  to  complete  the  yard  wall, 
to  construct  a  sewer  from  tlie  south  east  corner  of  the  yard  to  the 
river,  to  build  a  reservoir  tor  water  on  the  hill,  for  greater  protec- 
tion against  fire,  to  put  up  fixtures  for  the  purpose  of  warming  and 
lighting  the  cells,  which  is  now  indifferently  done,  to  enlarge  the 
yard  by  moving  the  wall  to  the  western  limits  of  the  prison 
grounds,  to  convert  the  west  wing  into  cells,  and  for  other  impor- 
tant repairs  and  improvements,  amounting  in  all  to  $48,100.00. 

The  expediency  of  these  appropriations  is  respectfully  referred 
to  your  intelligent  consideration.  I  earnestly  urge  upon  you  the 
importance  of  adeqiiate  security  against  fire  by  the  means  proposed 
in  the  Warden's  Report,  as  no  insurance  can  be  effected ;  and  of 
properly  warming  and  lighting  the  cells  of  the  convicts,  so  that  the 
inmates  can  be  rendered  comfortable,  and  spend  their  leisure  hours 
in  reading. 

I  invite  your  attention  to  the  Warden's  Report,  which  will  fur- 
nish you  with  a  detailed  statement  of  the  receipts  and  disbursmente 
of  the  Penitentiary,  and  suggest  the  appointment  of  a  special  com- 
mittee to  visit  the  institution,  and  report  upon  the  propriety  of  the 
appropriations   and  improvements  recommended.      I   take   great 

Sleasure  in  saying  that  the  affairs  of  the  prison  have  been  con- 
ucted  with  marked  success  in  all  the  departments. 

LAND    GBANTS. 

The  elaborate  and  comprehensive  report  of  the  Register  of  the 
State  Land  Office,  will  present  you  the  condition  of  the  various 
land  grants,  which  have  been  made  by  Congress  at  different  times 
for  the  benefit  of  the  State.  It  will  be  observed  that  many  ques- 
tions of  an  exceedingly  complicated  character  have  arisen  from  the 
conflicting  claims  of  the  parties  interested  in  these  several  grants, 
the  full  and  just  determination  of  sume  of  which  may  require  ju- 
dicial investigation.  To  settle  these  questions,  however,  so  far  as 
they  can  be  settled  by  legislative  action,  will  involve  much  thor- 
ough and  patient  labor.  A  large  number  of  our  citizens  who 
have  settled  upon  public  lands  in  good  faith  under  color  of  title, 
now  find  their  homes  jeopardized  on  account  of  claims  insisted 
upon  by  corporations  which  have  become  beneficiaries  of  those 
grants.  These  adverse  claims,  in  most  cases  harshly  insisted  upon, 
will,  unless,  some  remedy  is  provided,  ultimately  cause  great  incon- 
venience and  perhaps  ruin  to  a  large  number  of  our  enterprising 


HOUSE  OF  REPRESENTATIVES.  23 

and  wortbj  settlers.  It  waa  evide,ntly  the  intention  of  Congress 
in  all  these  grants  to  preserve  inviolate  the  rights  of  bona  fide  set- 
tlcra,  and  allow  them  a  fair  opportnaity  to  parchase  at  tiio  mini- 
mDin  price.  And  the  atterapte  now  being  made  by  these  eorpora- 
tioDS  to  appropriate  these  lands  against  the  riglits  of  the  settlera, 
are,  in  nay  jaagment,  a  manifest  departure  from  the  spirit  of  the 
grants.  I  therefore  earneafly  recommend  Bnch  legislation  on  your 
ribnnala,  both  of  which  I  deem  essen- 
hese  conflicting  interests  to  a  full  and 

1  the   adjustment  of  the  Swamp  Land 
t  Washington  are  tnlly  explained  in  the 
ain  the  hope  that  these   difficulties  will 
reasonable  time,  and  that  the  counties 
procuring  the  allowance  of  their  claims, 
where  lands,   afterwards   proven  to  be 
sold  by  the  Government,  the  purchase 
the  State,  which  goes  to  the  benefit  of 
je  number  of  warrants  for  the  indem- 
3d  by  the  United  States  Treasury,  and 
ome  of  these  warrants,  without  coming 
3j  have  been  improperly  and  illegally 
whose  hands  they  have  passed,  and  the 
03untie3  tr>  whi-ih  the  warrants  belong,  have,  up  to  tliis  time,  failed 
to  receive  tlieir  money.     This  matter  is  of  so  grave  a  character, 
that  I  deem  it  incumbent  on  me  to  call  the  early  attention  of  the 
General  Assembly  to  it,  and  I  therefore  ask  for  tiie  immediate  ap- 
pointment of  a  joint  committee  to  investigate  the  facts. 

JUDICIAL    BALABIBB. 

Yonr  attention  is  especially  invited  to  the  subject  of  judicial 
silariea.  Chapter  1!>,  Acts  of  the  Extra  Session  September,  1862, 
reduced  the  salaries  of  District  Judges  to  $1,300.00,  and  of  the 
Supremo  Judges  to  $l,800.i}0.  When  this  Act  was  adopted  we 
were  in  the  midst  of  the  rebellion,  liable  to  extraordinary  outlays 
of  money  for  an  indefinite  period,  and  the  reduction  of  salaries 
was  then  regarded  by  the  Legislature  as  an  important  measure  in 
the  generally  policy  of  retrenchment.  The  wisdom  of  such  a 
meaenre,  however,  at  any  time,  may  bo  seriously  qaestioned.  es- 
pecially in  regard  to  judicial  officers ;  for  it  should  not  be  forgotten 
that  upon  the  purity,  ability  and  independence  of  the  judiciary 
depends  to  a  great  extent  our  stability  and  strength  as  a  nation. 
These  essential  qualitJcations  cannot  well  be  secured  or  continued 
by  a  system  of  compensation  which  is  inadequate  to  the  proper 
support  of  judicial  officers.  Those  best  qualified  for  the  bench 
muBt,  under  the  most  favorable  circumstances,  make  great  pecu- 
uiary  sacrifices  in  becoming  judges.     This  reduction  of  salaries  in 


24  JOURNAL  OP  THE 

it8  application  to  the  District  Judges  took  effect  in  Janaarj,  1863, 
with  the  commencement  of  the  present  terms,  but  in  providing  for 
the  reduction  of  the  salaries  of  the  Supreme  Judges  "  after  the 
several  terms  of  office  of  the  present  incumbents  expire,"  it  may 
well  be  doubted  whether  the  act  takes  effect  until  the  close  of  Jus- 
tice Lowe's  term  in  January,  1868,  inasmuch  as  his  is  one  of  the 
"  several  terms  which  will  not  expire  "  until  that  time.  Otherwise 
the  anomaly  would  be  presented  of  paying  some  judges  less,  com- 
pensation than  others  of  the  same  grade,  and  for  performing  thp 
same  service.  This  the  General  Assembly  clearly  never  intended, 
and  it  may  well  be  doubted  whether  they  could  have  done  so  un- 
der the  Constitution.  This  view  is  sustained  by  two  of  the  Su- 
preme Judges  and  the  Attorney  General,  whose  opinions  will  be 
found  in  the  Auditor's  report.  If  therefore,  it  be  correct  that  the 
salaries  of  these  judges  have  not  yet  been  affected  by  the  opera- 
tion of  this  law,  the  constitutional,  provision  against  changing  the 
compensation  of  judges  during  the  term  for  which  they  are  elected, 
will  not  be  contravened  by  its  repeal,  which  would  leave  the  sala- 
ries of  all  the  Supreme  Judges  at  |2,000.  But  whatever  view  you 
may  entertain  as  to  the  time  of  taking  effect  of  this  law,  I  trust 
you  will  perceive  the  expediency  of  its  immediate  repeal,  as  this 
cannot  change  the  salaries  of  those  now  in  office. 

In  my  opinion  the  public  interests  would  be  clearly  subserved 
by  paying  our  District  Judges  $2,000  a  year,  and  those  of  the 
appellate  tribunal  $2,500.  A  law  increasing  the  salaries  of  Dis- 
trict Judges  would  take  effect  in  January,  1867,  at  which  time  the 
terms  of  the  present  incumbents  will  expire ;  but  those  of  the 
Supreme  Bench  cannot  be  increased,  if  this  view  of  the  Constitu- 
tion is  sustained,  until  after  all*  of  the  present  terms  shall  have 
expired. 

1  recommend  that  you  constitute  the  judges  of  the  Supreme 
Court  *'  Commissioners  of  Legal  Inquiry  "  in  place  of  those  con- 
templated by  section  2675  Rev.  1860,  making  it  their  duty  at  the 
close  of  each  regular  term  to  report  fully  to  the  Governor,  and 
also  to  the  General  Assembly  at  each  regular  session,  upon  any 
discrepancies  or  imperfections  in  the  general  statutes  and  code  of 
procedure.  These  duties  should  be  made  imperative  and  compen- 
sation provided.  This  is  not  now  the  case,  and  as  a  consequence 
no  report  of  Commissioners  of  Legal  Inquiry  has  ever  been  sub- 
mitted. The  trust  is  one  of  such  delicacy  and  responsibility,  that 
it  would  be  appropriate  to  confer  it  upon  those  who  hold  the  high- 
est judicial  position  in  the  State.  In  this  way  we  will  be  gradually 
enabled  to  systematize  and  perfect  our  laws  and  code  of  practice, 
civil  and  criminal,  at  the  same  time  that  we  raise  the  pay  of  the 
Supreme  Bench  by  constitutional  means  to  something  near  a  proper 
compensatory  standard. 


HOUSE  OF  REPRESBNTATIVBS.  25 

BAIL-BOADS. 

The  snccessful  development  of  the  vast  resources  of  this,  State, 
and  its  consequent  prosperity  and  wealth,  are  largely  dependent 
upon  the  facilities  offered  by  railway  communication.  To  encour- 
age and  foster  our  railroad  enterprises  by  every  feasible  means,  is 
manifestly  the  part  of  wisdom.  The  financial  disorders  through 
which,  the  country  has  passed  have  crippled  the  means  and  re- 
tarded the  progress  of  these  enterprises  in  Iowa.  Largely  depend- 
ent for  aid  upon  foreign  capital,  which  is  proverbially  timid  in  re- 
gard to  mode  of  investment,  the  difficulties  incident  to  the  construc- 
tion of  railroads  through  this  State  will  be  readily  appreciated. 
All  the  railroads  leading  from  the  Mississippi  ^river,  witn  but  one 
exception,  have  made  an  extension  of  their  lines  since  your  last 
session.  New  lines  running  from  Missouri  northerly  through  this 
State  are  now  projected,  and  at  least  one  of  them  is  already  in  pro- 
cess of  construction.  The  importance  of  a  railway  connection  with 
St.  Louis  by  which  the  proaucts  of  the  Des  Moines,  Iowa  and 
Cedar  valleys  will  find  a  cheaper  and  readier  exit  to  market,  than 
eastern  lines  are  able  to  afford,  is  being  duly  comprehended  in  en- 
terprising and  intelligent  commercial  circles.  Experience  has 
abready  sufficiently  demonstrated  the  incapacity  of'existing  lines  of 
railroads  for  conveying  our  immense  agricultural  productions  to 
the  eastern  markets.  And  it  is  also  equally  clear  that,  whatever 
may  be  the  capacity  of  these  eastern  lines,  tneir  immoderate  thirst 
for  monopolizing  the  avenues  ot  transportation,  and  their  exorbi- 
tant charges  for  carrying  stock  and  grain,  render  them  formidable 
enemies  to  our  agricultural  prosperity.  For  this,  the  only  perma- 
nent remedy  is  the  establishment  of  competing  lines.  In  this 
question  the  farmers  of  Iowa  are  deeply  interested,  and  the  time 
for  prompt  and  decided  measures  upon  their  part  has  arrived. 
The  projected  railway  connecting  us  directly  witn  St.  Louis,  and 
by  this  means  afforaing  us  the  advantage  of  navigation  to  the 
Ocean  at  all  seasons,  in  spite  of  low  water  in  summer  and  ice  in 
winter,  must  be  a,dmittea  as  a  commercial  and  agricultural  neces- 
sity. Such  a  road  leading  up  the  Cedar  Valley,  and  to  St.  Paul, 
would  also  bring  us  in  more  direct  and  certain  connection  with  the 
pine  regions  of  the  North,  enabling  our  rapidly  increasing  demands 
for  lumber  to  be  more  readily  and  cheaply  supplied. 

But  it  is  not  to  the  East  alone  that  we  shouia  look  for  our  future 
commercial  relations.  Iowa  occupies  a  central  position,  a  pivotal 
point,  between  the  Atlantic  and  Pacific  coasts.  The  mountains 
and  the  unproductive  regions  of  the  West  must  ultimately  look  to 
this  State  for  a  large  portion  of  their  agricultural  supplies,  while 
the  Pacific  States  offer  powerful  inducements  to  our  commercial 
enterprise.     These  vital  considerations  must  not  be  disregarded. 

Every  rational  calculation  for  the  future  urges  the  great  import- 
ance of  immediately  seizing  the  opportunities  now  offered  of 
4  ■ 


26  JOURNAL  OP  THE 

securing  these  natural  and  invaluable  tributaries  to  our  commerce. 
Is  it  not  of  the  highest  importance,  therefore,  that  we  take  imme- 
diate steps  to  secure  the  extension  of  the  Union  Branch  of  the 
Pacific  Railroad  through  this  State  ?  The  General  Government 
has  already  given  aid  to  the  construction  of  one  branch  of  this  road 
through  Kansas,  and  it  is  certainly  not  too  much  to  expect  that 
Congress  would  be  equally  generous  towards  this  State.  This 
road  must  inevitably  become  one  of  the  important  military  lines 
of  the  Government,  as  intelligent  statesmen  will  not  fail  to  per- 
ceive. But  space  will  not  permit  me  to  discuss  the  importance  of 
this  enterprise  at  greater  length.  I,  therefore,  most  earnestly 
recommend  that  you  address  a  joint  memorial  to  Congress  asking 
the  proper  aid  for  Extending  this  road  from  its  terminus  on  the 
Missouri  river  to  some  practicable  point  on  the  Des  Moines  where 
it  can  be  united  with  one  of  the  lines  running  eastward  from  that 
point. 

MILITARY. 

Without  extending  this  communication  much  beyond  the  proper 
limits,  it  will  be-quite  impossible  to  present  even  a  general  outline 
of  our  military  history.  The  faithful  services  rendered  during  the 
late  war  by  the  troops  from  this  State  and  their  admirable  conduct 
upon  all  occasions  have  furnished  themes  for  abler  pens  than  mine. 
Their  fidelity  and  heroism  have  been  often  and  appropriately  ac- 
knowledged by  the  distinguished  generals  under  whom  they  have 
served.  It  was  their  fortune  to  have  borne  a  conspicuous  part  in 
all  the  renowned  campaigns  of  the  Western  division  of  the  army, 
bravely  participating  in  its  bloodiest  and  most  decisive  engage- 
ments. When  the  history  of  this  great  conflict  shall  have  oeen 
fully  and  impartially  written,  it  will  contain  no  brighter  pages  than 
those  upon  which  the  achievements  of  Iowa  soldiers  are  recorded, 
A  State  which  before  the  war  was  scarcely  known  except  as  a 
patch  upon  the  map  of  the  Republic,  to-day  has  a  name  calculated 
to  excite  becoming  emotions  in  every  manly  and  patriotic  breast. 
But  the  evidences  of  sorrow  yet  visible  on  every  hand  remind  us 
that  this  good  name  has  been  earned  at  a  fearful  cost.  Some  of  the 
brightest  names  which  adorn  the  annals  of  the  war  are  ours ;  and 
citizens  of  Iowa  are  numbered  among  the  noblest  of  the  fallen 
heroes. 

Our  average  population  during  the  war  has  not  exceeded  700,000, 
and  of  this  we  nave  furnished  one-ninth  to  the  national  armies. 
The  aggregate  of  the  quotas  assigned  to  this  State,  under  all  calls 
for  the  war  since  the  first  regiment  was  organized,  being  reckoned 
at  their  equivalents  in  three  years'  men,  amounts  to  70,825,  and  the 
number  claimed  by  us  to  have  been  furnished  upon  these  quotas  is 
73,240.  Not  included  in  this  statement  are  the  First  Regiment  of 
Infantry,  962  men,  furnished  under  the  three  months  call  of  April, 


HOUSE  OP  REPRB8BNTATIVE8.  27 

1861, 12  two  years'  recrnits,  3,68&  one  year  recruits,  and  3,867  one 
hundred  days'  men,  which  last  were  a  volunteer  offering  by  the  State, 
and  independent  of  all  calls,  making  a  total  aggregate  of  78,069 
men.  These  figures  are  not  strictly  accurate,  but  are  as  nearly  so 
as  they  can  be  made  from  the  data  at  our  command.  On  account 
of  discrepancies  between  the  credits  given  by  the  War  Department 
and  our  own  records,  much  difficulty  was  experienced  in*  obtaining 
proper  credits  for  all  that  we  claimed,  but  the  accounts  were  finally 
so  far  adjusted  in  January,  1865,  pending  the  previous  December 
call,  that  in  consideration  of  our  general  promptness,  and  by  spe- 
cial request,  I  procured  a  relinquishment  of  all  further  demands 
against  the  State  under  that  and  prior  calls,  although  quite  a  num- 
ber of  the  sub-districts  were  still  delinquent. 

By  the  Act  of  Congress  passed  in  March,  1863,  the  enrollment 
of  the  national  forces  was  made  by  sub-districts,  consisting  of 
townships  and  wards,  and  each  sub-district  thus  designated  was 
required  to  furnish  the  full  amount  of  thQ  quota  assigned  it,  with- 
out reference  to  the  county  in  which  it  was  situated.  The  accounts 
of  quotas  and  credits  were  kept,  through  the  Provost  Marshal's 
department,  with  sub-districts  only,  counties  being  disregarded. 
This  was  the  method  resorted  to  by  the  Government  to  compel 
each  community,  to  bear  its  own  share  of  the  common  burden,  in 
due  proportion  to  its  enrolled  military  strength.  Many  entertain 
the  opinion  that  while  the  State  was  apparently  in  advance  of  all 
calls,  a  draft  was  ordered  against  it.  This  opinion  is  erroneous. 
But  one  draft  was  ever  ordered  for  men  itf  this  State,  and  this  was 
under  the  July  call  of  1864,  and  in  the  delinquent  sub-districts 
only.  This  being  in  accordance  with  the  express  requirements  of 
the'law,  it  was  unavoidable  while  any  ward  or  township  was  de- 
linquent. 

In  this  Connection  I  deem  it  proper  to  state  that,  notwithstand- 
ing the  grave  differences  of  political  opinions  entertained,  my 
^ortB  to  procure  enlistments  under  the  several  requisitions  were, 
with  rare  exceptions,  cheerfully  and  cordially  seconded  by  the 
leading  men  of  all  parties.  There  were,  however,  on  the  other 
hand,  quite  a  number  of  inhabitants  in  different  parts  of  the  State, 
who,  when  the  probabilities  of  compulsory  enlistments  became 
imminent,  suddenly  abandoned  their  homes  and  expatriated  them- 
selves. These  persons  should  be  known  of  all  men,  and  held  up 
to  perpetual  scorn.  The  citizen  who,  in  the  hour  of  his  country's 
peril  will  flee  beyond  the  reach  of  law  to  avoid  the  performance  of 
military  duty,  is  an  unworthy  subject  of  the  government,  and 
should  be  rendered  forever*  incapable  of  enjoying  the  rights  and 
privileges  of  citizenship. 

Daring  the  last  year  of  the  war  the  regiments  from  this  State 
being  assigned  to  so  many  departments  of  the  army,  became  dis- 
persSd  over  almost  the  entire  theatre  of  military  operations.  This 
created  the  necessity  of  an  increased  amount  of  sanitary  assistance, 


28  JOUBNAL  OF  THE 

and  imposed  additional  labor  and  reeponeibility  upon  the  Execu- 
tive department.  Every  practicable  effort  was  made  to  secure 
proper  attention  to  the  wants  of  our  sick  and  wounded  soldiers, 
and,  if  any  were  neglected,  it  was  in  most  cases  because  of  their 
remote  and  isolated  situation,  or  the  misconduct  of  U.  S.  Surgeons 
and,  other  government  officers  entirely  beyond  our  reach.  Of  the 
$40,000  appropriated  at  the  last  session  for  extraordinary  expenses 
of  the  Executive  office  and  relief  of  sick  and  wounded  soldiers,  up 
to  the  close  of  the  last  fiscal  term  $26,500  have  been  expended, 
of  which  $3,500,  were  for  claims  unpaid  under  the  preceding  ap- 
propriation, leaving  the  sum  of  $13,600,  undrawn  up  to  that  date. 

ABSENAL. 

I  desire  to  urge  upon  your  attention  the  necessity  of  immediately 
erecting  a  building  for  the  safe  keeping  of  ordnance  stores  belong- 
ing to  the  State,  and  the  preservation  of  our  military  records.  The 
last  General  Assembly  appropriated  $5,000  tor  the  construction  of 
an  Arsenal  at  Des  Moines,  and  directed  the  Adjutant-General  to 
commence  the  building,  provided  the  necessary  grounds  for  that 
purpose  could  be  procured  without  ex])ense  to  the  State.  The  ad- 
vance in  prices  so  far  increased  the  value  of  labor  and  materials 
beyond  the  estimate  upon  which  the  appropriation  was  based,  that 
the  Adjutant-General  deemed  it  advisable  to  defer  the  work  for  the 
farther  consideration  of  the  General  Assembly. 

We  have  now  under  our  control  about  18,000  stands  of  arms 
and  several  pieces  of  artillery,  besides  a  large  amount  of  ordnance 
stores,  which  can  only  be  preserved  from  deterioration  by  having 
a  suitable  building  in  which  to  place  them.  In  addition  to-  this,  the 
importance  of  a  safe  depository  for  the  records  of  the  Adjutant- 
General's  office  must  not  be  overlooked.  These  records  contain 
the  original  rolls  and  all  the  documents  of  various  kinds  pertaining 
to  the  enlistment,  service  and  discharge  of  Iowa  soldiers,  the  de- 
struction of  which  would  be  an  irretrievable  loss  to  the  State.  We 
now  have  none  but  .rented  buildings  for  this  purpose,  costing  about 
$1,000  annually,  and  without  any  adequate  security  against  fire. 
A  fire-proof  building  of  sufficient  capacity  for  all  these  purposes 
could  be  erected  at  a  moderate  cost,  and  it  should  be  done  without 
unnecessary  delay. 

MILITIA. 

Early  in  the  summer  of  1864,  general  orders  were  promulgated 
as  contemplated  by  the  law  enacted  at  the  last  session,  for  the. or- 
ganization of  the  State  militia.  Hostile  Indians  on  the  plains  and 
guerrilla  bands  in  Missouri  threatening  our  southern  and  north- 
western borders  and  the  preparations  ot  a  treasonable  order  in  the 
State  to  offer  foi^ible  resistance  to  the  draft,  necessitated  the  dis- 


HOUSE  OP  RBPREBBNTATIVES.  29 

tribntion  of  a  large  qaantity  of  arms  and  ammnnition  to  the  militia. 
In  many  localities  conspiracies  were  formed  for  secaring  the  con- 
trol of  companies  by  exclading  men  of  known  loyalty,  and  having 
them  commanded  bv  persons  chosen  from  the  treasonable  organi- 
zation mentioned.  1  therefore  appointed  committees  of  prominent 
gentlemen  in  nearly  all  the  connties  to  assist  in  the  formation  of 
companies  that  would  be  loyal  and  reliable ;  and  I  also  directed 
that  to  snch  companies  only  were  commissions  and  arms  to  be 
issued.  Notwithstanding  the  opposition  interposed  to  these  pre- 
cautionary measures,  they  were  successful  in  preserving  almost  un- 
interraptedly  the  tranquillity  of  the  State. 

The  only  seririus  outrage  was  perpetrated  in  Poweshiek  county, 
in  October,  1864,  by  a  company  styling  themselves  "  Democrat 
Rangers."  Captain  John  L.  Bashore  and  Josiah  M.  Woodruff 
were  brutally  murdered  by  members  of  this  company,  while  en- 
gaged in  the  execution  of  orders  from  the  Provost-Marshal  of  the 
Fourth  District.  The  facts  connected  with  this  atrocious  affair  are 
fully  set  forth  in  the  report  of  the  Adjutant-Greneral  for  1865,  to 
which  your  attention  is  respectfully  invited. 

SLaving  thus  presented  you  with  such  matters  as  I  deem  most 
important  for  legislative  consideration,  I  cannot  close  this  commu- 
nication without  congratulating  you  upon  the  activity  everywhere 
displayed  in  recovering  from  all  effects  of  the  recent  struggle  for 
the  preservation  of  the  Union.  Where  in  all  history  has  any 
nation  developed  such  wonderful  energy  and  power  ?  The  foreigner 
who  now  visits  our  shores  will  hardly  discover  in  the  general  thrift 
and  quietude  of  the  country  the  traces  of  that  gigantic  contest 
which  so  amazed  the  civilized  world.  With  no  intermission  in  the 
exercise  of  its  sovereign  authority,  either  on  land  or  sea,  except 
the  brief  usurpations  of  the  insurrectionary  States,  or  any  material 
diminution  in  the  vast  measure  of  its  foreign  commerce,  our  country 
has  continued  to  advance,  in  all  the  essential  elements  of  national 
greatness,  with  a  steadiness  and  rapidity  unsurpassed  even  during 
the  periods  of  profound  tranquillity.  Terrible  and  bloody,  beyond 
all  precedent,  as  the  conflict  was,  it  may  not,  under  God's  aisposing 
Providence,  have  been  unproductive  of  wholesome  results.  For, 
notwithstanding  the  unparalleled  expenditure  of  life  and  treasure 
incurred  in  its  prosecution,  and  the  thousands  of  hearthstones 
made  desolate,  the  sacrifices  of  the  war  have  intensified  the  attach- 
ment of  the  American  people  to  the  government  of  their  fathers, 
and  secured  the  involuntary  respect  of  other  nations  for  the  exalted 
qualities  it  has  developed  in  our  national  character. 

Although  unable  at  this  juncture  to  adequately  comprehend  the 
inflaence  of  this  gigantic  struggle  upon  the  ultimate  destiny  of  the 
Republic,  yet  we  may  clearly  discern  that  our  gratitude  is  eminently 
due  to  the  Divine  Ruler  of  Nations  for  graciously  sustaining  our 
Government  through  its  perils,  in  guiding  our  armies  to  vic- 
tory, in  preserving  the  nationality  of  our  pe(yf)le,  and  in  His  own 


30  JOURNAL  OF  THE 

^ood  time  deliveriDg  our  land  from  the  horrors  of  continued  war. 
Deriving  wisdom  from  the  instructive  lessons  of  the  past,  let  us 
calmly  devote  ourselves  to  the  future,  remembering  that  posterity 
has  a  claim  upon  our  efforts,  and  that  the  great  work  ot  this  gener- 
ation remains  to  be  completed. 

WILLIAM  M.  STONE. 

On  wiotion  of  Mr.  McNutt,  the  Grovernor's  Messaere  was  laid 
upon  the  table  and  ordered  to  be  printed. 

Mr.  Sapp  introduced  the  following  resolution : 

Resolved^  In  accordance  with  the  recommendation  of  the  Gov- 
ernor of  the  State,  that  a  committee  of  five  on  the  part  of  the 
House,  with  such  as  the  Senate  may  join,  be  appointed  to  investi- 
gate the  alleged  diversion  of  the  swamp  land  indemnity  funds,  and 
that  said  committee  have  power  to  send  for  persons  and  papers. 

The  resolution  was  adopted,  and  Messrs.  Hale,  Barker,  Clark, 
Kussell,  and  Martin  were  appointed  as  such  committee  on  the  part 
of  the  House. 

Mr.  McNutt  introduced  the  following  resolution : 

Resolved^  That  there  shall  be  added  to  the  usual  standing  coni- 
mittees  of  this  House,  a  committee  on  the  (X)nipe7i8ation  of  public 
officers^  and  the  Speaker  is  hereby  requested  to  announce  such  com- 
mittee. 

The  resolution  was  adopted. 

Mr.  Wilson,  of  Dubuque,  introduced  the  following  resolution  : 

Resolved  by  the  House  of  Representatives^  the  Senate  concurring^ 
That  the  two  Houses  will  meet  in  joint  convention  for  the  purpose 
of  canvassing  the  votes  for  Governor  and  Lieutenant-Governor, 
to-morrow  at  10  o'clock,  and  that  the  inauguration  of  the  Governor 
and  Lieutenant-Governor  shall  take  place  on  Thursday,  at  two 
o'clock,  P.  M. 

The  resolution  was  adopted. 

Mr.  Maxwell  offered  the  following  resolution  : 

Resolved^  That  6,000  copies  of  the  Governor's  Message,  be 
printed  in  English ;  2,000  in  German ;  2,000  in  Norwegian,  and 
that  $25  is  hereby  appropriated  for  its  translation  into  the  Norwe- 
gian language. 

Mr.  Williams  of  Des  Moines,  moved  to  amend  by  adding  $25  as 
compensation  for  translating  the  Message  into  the  German  language. 
Adopted. 

Mr.  Yan  Leuven  moved  to  amend  by  appropriating  $25  to  pay 
the  expense  of  translating  the  Message  into  the  Holland  language. 
Carried. 

Mr.  Finkbine  moved  that  $25  be  appropriated  to  defray  the  ex- 
penses of  translating  the  Message  into  the  Bohemian  language. 
Adopted. 

Mr.  Alcorn  moved  that  $25  be  allowed  for  translating  the*  Mes- 
sage into  the  Swedish  language.     Carried. 


HOUSE  OF  REPRESENTATIVES.  31 

Mr.  Clark  moved  to  amend  by  adding  that  "  1,000  copies  be 
printed  in  the  Holland  language." 

The  amendment  was  adopted. 

Mr.  Gamble  moved  that  2,000  copies  be  printed  in  the  Holland 
language. 

This  amendment  was  adopted. 

Mr.Ruhlfs  moved  to  strike  out  "  2,000  "  in  German,  and  insert 
"2,500."     Carried. 

Mr.  Thomson  offered  the  following  amendment  which  was 
adopted  : 

Provided^  That  each  translation  can  be  done  at  a  cost  not  to  ex- 
ceed $25. 

Mr.  Bereman  moved  that  *'  6,000  "  be  stricken  out  and  "  4,000  " 
inserted. 

The  motion  did  not  prevail. 

Mr.  Rogers  moved  that  this  resolution  be  laid  upon  the  table, 
which  motion  was  adopted. 

Mr.  Bennett  introduced  the  following  resolution. 

Resolved^  That  the  Chief  Clerk  be  instructed  to  order  for  each 
member  of  this  House,  thirty  (30)  copies  ot  daily  papers,  or  their 
equivalent  in  weeklies ;  provided  all  said  papers  be  published  in 
this  State. 

Mr.  Flanders  moved  that  the  Resolution  be  amended  by  insert- 
ing the  word  "  loyal  "  before  the  word  "  newspapers." 

Mr.  Finkbine  moved  to  add  also  the  words  and  "  that  said  papers' 
shall  be  selected  by  themselves." 

The  amendment  to  the  amendment  was  adopted. 

The  amendment  was  lost. 

Mr.  Sapp  moved  that  the  resolution  be  amended  so  as  to  allow 
members  to  select  three  papers  published  outside  of  the  State. 

The  amendment  prevailed. 

Mr.  Bereman  moved  to  amend  by  striking  out  "  30  "  and  insert- 
ing « 20.'*'     Lost. 

Mr.  Close  moved  to  strike  out  "  30  "  and  insert  "  25."     Lost. 

The  resolution  as  amended  was  then  adopted. 

The  following  message  was  received  from  the  Senate. 

Mr.  Sfeakeb: — 1  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  concurrent  resolution : 

Remlved  by  the  Senate^  the  Hovse  concurring^  That  the  Senate 
and  House  will  meet  in  joint  convention  for  the  purpose  of  can- 
vassing the  votes  for  Governor  and  LieutenantGovernor  on 
Wednesday,  January  10th,  at  10  o'clock  A.  M. ;  and  that  the  inau- 
guration of  Governor  and  Lieutenant-Governor  shall  take  place  on 
Thursday,  January  lltb,  at  2  o'clock  P.  M. 

Also  the  fallowing : 

Reeved  by  the  Senate^  the  House  concurring^  That  S.  W.  McEl- 
derrv  be  elected  Postmaster  and  L.  P.  Baker  assistant  Postmaster, 


32  JOURUAL  OP  THE 

of  the  Eleventh  General  Assembly,  and  that  it  be  the  duty  of  the 
assistant  Postmaster  to  carry  the  mails* 

In  all  of  which  the  concurrence  of  the  House  is  respectfully 
asked. 

J.  W.  DIXON,  Secretary  of  Senate. 

The  concurrent  resolution  of  the  Senate  relative  to  the  canvass 
of  votes  for  and  the  inauguration  of  the  Governor  and  Lieutenant- 
Governor  elect  was  adopted. 

The  concurrent  resolution  of  the  Senate  in  relation  to  Postmaster 
and  assistant  Postmaster  was  also  adopted. 

Mr.  Belt  moved  that  the  janitor  be  instructed  to  remove  the  bust 
of  Abraham  Lincoln  from  the  Speaker's  desk,  and  to  cause  the 
same  to  be  placed  upon  a  bracket  at  the  right  of  the  Speaker.  The 
motion  prevailed. 

On  motion  of  Mr.  Maxwell,  the  House  adjourned. 


Hall  of  House  of  Keprksentatives,  ) 
Des  Moines,  January  10th,  1866.      ) 

House  met  10  o'clock.  Speaker  in  the  chair.  Prayer  by  Rev. 
Mr.  Vernon. 

On  mottou  of  Mr.  Finkbine,  the  reading  of  the  journal  of  yes- 
terday was  postponed. 

On  motion  of  Mr,  NcNutt,  Mr.  Holden  was  appointed  teller  on 
the  part  of  the  House  for  the  purpose  of  canvassing  the  votes  for 
Governor  and  Lieutenant  Governor. 

Mr.  Flanders  offered  the  following  resolution  which  was  adopted  : 

Resolved^  That  the  Clerk,  in  making  out  the  list  of  members  as 
by  resolution  of  yesterday,  be  instructed  to  add  a  column  showing 
the  number  of  the  regiment,  and  branch  of  service  in  which  those 
members  of  the  House  who  have  been  in  the  United  States  army 
served.  • 

On  motion,  the  following  named  gentlemen  were  excused  for 
the  purpose  of  attending  the  session  of  the  Agricultural  Board  : 
Messrs.  Close,  Comfort,  Fry,  Gaylord,  Garber,  Griffith,  Holmes, 
Runyan,  Russell,  West. 

Mr.  Rogers  moved  the  appointment  of  a  committee  of  two  to 
wait  upon  the  Senate,  and  inform  that  body  that  the  House  was 
ready  to  receive  it  in  Joint  Convention  for  the  purpose  of  canvas- 
sing the  votes  for  Governor,  and  Lieut.  Governor.  The  motion 
prevailed,  and  the  Speaker  appointed  Mr.  Holden,  and  Mr. 
Fellows. 

On  motion  of  Mr.  Holden,  the  House  took  a  recess  of  5  min- 
utes ;  at  the  expiration  of  which  time,  the  House  was  called  to  or- 


HOUSE  OP  BBPRB8BNTATIVES.  33 

der  by  the  Speaker,  aad  the   Sergeaat-at-Artns  aunoanced   the 
Senate,  who  entered  the  Hall  and  took  the  Seats  assigned  them. 

JOINT  OONVKNTION. 

The  President  of  the  Senate  announced  that  the  convention  had 
met  to  canvass  the  vote  for  Governor  and  Lieut.  Governor,  of  the 
State  of  Iowa,  and  declare  the  result,  and  the  Hon.  J.  G.  Patterson 
had  been  appointed  teller  on  the  part  of  the  Senate,'  and  Hon. 
H.  M.  Holden,  teller  on  the  part  of  the  House. 

The  Speaker  proceeded  to  announce  the  votes  of  the  several 
(^antics  in  the  State. 

Pending  the  counting  of  votes,  Senator  Stubbs  moved  an  ad- 
joarnment  until  2  oclock,  p.  m.  The  motion  prevailed,  and  the 
Joint  Convention  adjourned. 


2  o'clock,  p.  h. 

Joint  Convention  met  pursuant  to  adjournment  in  the  Hall  of 
the  House,  when  the  canvass  was  concluded  with  the  following 
resalt : 

FOB  OOVRRNOR. 

Whole  number  of  votes  cast 124,869 

Of  which  Wm.  M.  Stone  received 70,445 

Thod.  H.  Benton  received 54,070 

G.  S.  Bailey  received 239 

Scattering 115 

I.TBirrANANT-OOVKBNOB. 

Whole  number  of  votes  cast 125,588 

Of  which  Benjamin  F.  Gue  received 72,834 

W.  W.  Hamilton  received 52,308 

L.  W.  Babbit  received 316 

Scattering  130 

• 

Whereupon  the  President  announced  Wm.  M.  Stone  duly  elected 
Governor  of  the  State  of  Iowa,  for  the  term  of  two  years  from  the 
2ad  Monday  in  January^  1866,  and  B.  F.  Gue  duly  elected  Lieu- 
tenaot-Governor  of  the  State  of  Iowa,  for  the  term  of  two  years 
from  the  2nd  Monday  of  January,  1866 ;  they  having  received  a 
laajority  of  all  the  votes  cast  at  the  election  in  October  last,  and 
certificates  of  their  election  were  read  and  signed  as  follows ; 
o 


34  JOURNAL  OF  THE 


Hall  of  House  of  BBPBBflBNTATivES, 
Db8  Moinbs,  January  lOth,  1866. 


} 


This  will  certify  that  upon  a  canvass  in  Joint  Convention  of  the 
two  Houses  of  the  General  Assembly  of  the  State  of  Iowa,  of  the 
votes  cast  at  the  October  Election,  A.  D.  1865,  for  the  oflSce  of 
Governor  of  the  State  of  Iowa,  it  appeared  that  Wm.  M.  Stone  re- 
ceived a  niajority  of  all  the  votes  cast  at  said  election  for  said  of- 
fice, and  was  therefore  declared  duly  elected  to  said  office  for  the 
term  ot  two  years  and  until  his  successor  is  elected  and  qualified. 
Signed  in  the  presence  of  the  Joint  Convention,  this  10th  day 
of  January,  1866. 

E.  W.  EASTMAN, 
Lieut.  Gov.  and  President  of  Convention. 

ED  WRIGHT, 
Speaker  of  House  of  Representatives. 
Attest :  J.  G.  Patterson,  Teller  for  the  Senate. 

Howard  M.  Holden,  Teller  for  House  of  Reps. 

Hall  of  the  House  of  Representatives,  ) 
Des  Moines,  January  10th,  1866.      f 

This  is  to  certify  that  upon  a  canvass  in  Joint  Convention  of  the 
two  Houses  of  the  General  Assembly  of  the  State  of  Iowa,  of  the 
votes  cast  at  the  October  Election,  A.  D.  1865,  for  the  office  of 
Lieutenant  Governor  of  the  State  of  Iowa,  it  appeared  that  Benja- 
min F.  Guo  received  a  majority  of  all  the  votes  cast  at  said  elec- 
tion tor  said  office,  and  was  therefore  declared  duly  elected  to  said 
office  for  the  term  of  two  years,  and  until  his  successor  is  elected 
and  qualified. 

Signed  in  presence  of  the  Joint  Convention,  this  10th  day  of 
January,  1860. 

E.  W.  EASTMAN, 
Lieut.  Gov.  and  President  of  Convention. 

ED  WRIGHT, 
Speaker  of  House  of  Representatives. 
Attest :  J.  G.  Pattbbson,  Teller  for  the  Senate. 

Howard  M.  Holdbn,  Teller  for  House  of  Reps. 

Senator  Stubbs  moved  that  a  committee  of  two  be  appointed  to 
wait  upon  the  Governor  and  Lieutenant  Governor  elect,  and  inform 
them  of  their  election.  The  motion  prevailed  and  the  President 
appointed  Senator  Stubbs  on  the  part  of  the  Senate,  and  the 
Speaker  of  the  House  appointed  Mr.  O'Brien,  of  Dubuque. 

Mr.  Thomson,  of  the  House,  moved  that  the  convention  rise. 
The  motion  prevailed  and  the  convention  was  dissolved. 

On  motion  of  Mr.  Bennett  the  House  took  a  recess  of  5  minutes. 

House  called  to  order. 


HOUSE  OF  RBPKE8BHTAT1VB8.  36 

The  following  message  was  received  frotn  the  Senate  by  the 
Secretary,  J.  WT  Dixon  : 

Mb.  Speaxbb  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  concarrent  resolution,  in 
which  the  concurrence  of  the  House  is  respectfully  asked : 

Resolved  hy  the  Senate^  the  Mouse  concurring^  That  so  much  of 
the  Grovernor's  message  as  relates  to  the  Swamp  Land  Indemnity 
Warrants  forwarded  to  the  Executive  office  and  improperly  and 
illegally  applied  by  parties  through  whose  hands  the  same  have 
passed,  be  referred  to  a  select  committee  of  two  on  the  part  of  the 
Senate,  and  three  on  the  part  of  the  House,  and  that  eaid  commit- 
tee have  power  to  send  for  persons  and  papers,  and  that  they  re- 
port tne  facts  to  the  General  Assembly.  ^ 

J.  W.  DIXON,  Secretary  Senate. 

Mr.  Rogers  offered  the  following  resolution  : 

Resclvea^  That  there  be  printed  of  the  Qovernor's  biennial  mes- 
sage, 

copies  in  the  English  language. 

copies  in  the  German  language. 

copies  in  the  Norwegian  language, 

copies  in  the  Holland  language. 

Provided^  That  the  cost  for  printing  each  translation  shall  not 
exceed  $ — — . 

Mr.  Holden  moved  to  fill  the  first  blank  with  4,000.    Lost. 

Mr.  Clark  proposed  6,000. 

Mr.  Williams  proposed  7,000. 

Mr.  Bereman  proposed  1,000. 

Mr.  Wilcox  proposed  3,000,  which  prevailed,  and  the  blank  was 
60  filled. 

Mr.  Knox  moved  to  fill  the  second  blank  with  6,000. 

Mr.  Landes  proposed  1,000. 

Mr.  Thacher  proposed  1,500. 

Mr.  Maxwell  proposed  2,000,  which  prevailed,  and  the  blank  was 
80  fiUed. 

Mr.  Williams,  of  Winneshiek,  moved  to  fill  the  third  blank  with 
8,000. 

Mr.  Knapp  proposed  500. 

Mr.  Emery  proposed  1,000,  which  was  adopted,  and  the  blank 
was  Bo  filled. 

Mr.  Van  Leuven  moved  to  fill  the  fourth  blank  with  2,500. 

Mr.  Gamble  proposed  2,000. 

Mr.  Hand  proposed  1,000,  which  prevailed,  and  the  blank  was 
so  filled. 

Mr.  Gamble  moved  to  fill  the  last  blank  with  $30.00. 

Mr.  Emery  proposed  $20.00. 

Mr.  Maxwell  proposed  $25.00,  which  was  adopted,  and  the  blank 
80  filled. 

Mr.  Finkbine  moved  to  amend  the  resolution  by  inserting  after 


36  JOURNAL  OP  THE    • 

the  wordB  "each  translation,"  the  words  "that  bnt  one  charge  shall 
be  made  by  the  State  Printer  for  composition  of  all  copies  of  the 
Governor's  Message  ordered  by  the  J3[onse  and  Senate."  The 
amendment  was  adopted. 

Mr.  Finkbine  moved  to  further  amend  by  providing  for  the  * 
printing  of  1,000  copies  in  the  Bohemian  language.     Carried. 

Mr.  Martin  moved  to  amend  by  providing  for  the  printing  of 
600  copies  in  the  Swedish  language.*   Carried. 

The  question  recurring  upon  the  adoption  of  the  resolution,  it 
was  adopted. 

Mr.  Walden  offered  the  following  concurrent  resolution,  and 
moved  its  adoption : 

Sesolved  by  the  House  of  Representatives^  the  Senate  concurrinffy 
That  a  joint  convention  of  the  General  Assembly  of  Iowa  be  held 
on  Saturday,  the  18th  day  of  Januafy,  1866,  at  11  o'clock  A.  M., 
for  the  purpose  of  electinff  a  United  States  Senator. 

1.  For  the  full  term  o?  six  years,  beginning  March  4,  1867. 

2.  To  elect  a  United  States  Senator  to  fill  the  vacancy  occasioned 
by  the  resignation  of  Hon.  James  Harlan. 

The  resolution  was  adopted. 

Mr.  Sherman,  from  the  committee  to  whom  was  referred  the 
question  of  postage,  submitted  the  following  report : 

Your  committee  appointed  to  confer  with  tlie  Post-Master  of  this 
city,  and  make  some  arrangements  in  relation  to  the  stamping  of 
letters,  papers,  and  documents  of  the  members  of  House,  beg  leave 
to  report  that  they  have  performed  that  duty,  and  would  recom- 
mend the  following,  which  meets  with  the  approbation  of  Mr.  J. 
Teesdale,  the  Post-Master : 

In  order  to  facilitate  the  stamping  of  mail  matter  of  the  mem- 
bers of  the  House,  as  well  as  to  avoid  unnecessary  expenditure  for 
postage,  Mr.  Teesdale  is  willing  to  furnish,  at  his  own  expense,  a 
clerk,  who  will  take  his  place  in  the  Capitol  post-oflEice,  and  stamp 
cUl  matter  placed  in  the  same  by  members  of  the  House. 

WM.  HALE, 
HOYT  SHERMAN. 

Mr.  Maxwell  offered  the  following  resolution,  as  a  substitute  for 
the  report : 

Resolved^  That  the  Secretary  of  State  be  directed  to  furnish  to 
each  member  of  the  House  five  dollars  in  postage  stamps  per  week. 

The  amendment  was  adopted. 

The  report,  as  amended,  was  adopted. 

Mr  Finkbine  submitted  the  following  resolution,  and  moved  its 
adoDtion : 

Resolved^  That  the  Chief  Clerk  be  hereby  instructed  to  furnisli 
each  member  and  officer  of  this  House  with  a  good  knife. 

Mr.  Sherman  moved  to  amend  by  inserting  after  the  word 
"knife,"  "at  a  cost  not  exceeding  $2.00."  The  amendment  Mras 
adopted. 


H0U8B  OF  RBPRBSBNTATIVES.  37 

Mr.  Tisdale  moved  to  lay  the  reeolution  on  the  table.  The  motion 
did  not  prevail.  ' 

Mr.  Tisdale  moved  to  amend  by  adding,  after  the  word  "  knife,'' 
the  words,  "and  a  good  shaving  kit,  comprising  razor,  soap,  lather- 
box,  and  brnsb.''    The  amendment  was  lost. 

Mr.  Maxwell  moved  to  amend  by  inserting  after  the  word 
''knife,"  the  words,    "and  sheep-shears."     The  amendment  was 

l06t. 

On  the  passage  of  the  resolution,  as  amended,  the  yeas  and  nays 
were  demanded  and  ordered,  and  were  as  follows : 

The  yeas  were  Messrs.  Ballinger,  Barnes,  Baker,  Bahl,  Belt, 
Bolter,  Brown  of  Madison,  Brown  of  Winneshiek,  Buck,  Carbee, 
Clark, Crawford,  Finkbine,  Fry,  Gamble,  Goodrich,  Graves^JGriflBth, 
Holmes,  £nox,  Martin,  McPherson,  McKean,  Mills,  O'Brien,  Ban- 
yan, Rassell,  Sipple,  Thorne,  Van  Leuven,  Williams  of  Des  Moines, 
Wilson  of  Marshall— 33. 

The  nays  were,  Messrs.  Abernethy,  Abbott,  Alcorn,  Bereman, 
Bennett,  Boomer,  Brown  ol  Decatur,  Brown  of  Louisa,  Brown  of 
Tan  Buren,  Burnett,  Darwin,  Dashiel,  Dudley,  Dwelle,  Emery, 
Fellows,  Flanders,  Gaylord,  Gary,  Garrett,  Glasgow,  Godfrey, 
Hand,  Kolden,  Hug^ins,  Joy,  Knanp,  Landes,  Linderman,  Lowdon, 
Maxwell,  McNutt,  McCnIlough,  McLaughlin,  Morgan,  Olmstead, 
Poindexter,  Kogers,  Kohlfs,  Kyan,  Sapp,  Safely,  Serrin,  Sherman, 
Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Walden,  Wilcox, 
Wilson  of  Jackson,  Williams  of  Winneshiek,  and  Mr.  Speaker 
-54. 

Absent  or  not  voting,  Messrs.  Close,  Comfort,  Conway,  De  For- 
est, Gamble,  Hale,  Leffingwell,  Palmer,  Stockman,  West,  Wilson 
of  Dubuque — 11. 

The  resolution  was  lost. 

Mr.  Brown  of  Winneshiek,  oifered  the  following  resolution 
which  was  adopted : 

Reaolved^  That  the  Secretary  of  State  be  authorized  to  furnish 
a  suitable  chair  for  the  Speaker  of  the  House. 

Mr.  Maxwell  moved  that  when  the  House  adjourn  it  be  until 
to-morrow  afternoon  at  2  o*clock.     The  motion  prevailed. 

By  leave,  Mr.  Russell  introduced  H.  F.  No.  1,  "  A  bill  for  an 
act  providing  for  the  ratification  of  the  Constitutional  amendment 
forever  abolishing  slavery."  The  bill  was  read  a  Ist  and  2d  time 
and  made  the  special  order  for  Friday  at  10  a.  m. 

The  following  messagj  was  received  from  the  Senate  : 

Mr.  Speaksb  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  concurred  in  the  resolution  of  the  House  relat- 
ing to  the  appointmfent  of  a  Joint  Cimmittee  to  investigate  the 
alleged  diversion  of  the  Swamp  Land  Indemnity  Fund,  with  an 
amendment  that  said  Committee  on  the  part  of  the  Senate  consist 
of  three'  Senators. 

in  which  amendment  the  concurrence  of  the  House  is  asked. 


38  JOURNAL  or  Tfi£ 

I  am  farther  directed  to  inform  joar  honorable  body  that  Sena- 
tors Stiles,  Richards  and  Udell  have  been  appointed  such  Commit- 
tee on  the  part  of  the  Senate. 

J.  W.  DIXON,  Secretary. 

The  concurrent  resolution  from  the  Senate  relative  to  the  ap- 
pointment of  a  joint  committee  of  investigation  into  the  alleged 
diversion  of  the  Swamp  Land  Indemnity  Fnnd,  was  taken  up,  and 
on  motion  of  Mr.  Finkbine,  the  Committee  was  authorized  to  em- 
ploy a  clerk. 

Mr.  Brown,  of  Van  Buren,  offered  the  following  resolution  and 
moved  its  adoption : 

Mesolved  by  the  Souse  of  Hepreseniatives.  That  the  Chief  clerk 
and  hid  assistants ;  the  engrosssing  Clerk  and  his  assistants : 
Sergeant-at-Arms  and  DoorKeeper  be  each  of  them  allowed  six 
daily  papers,  or  their  equivalent  in  weeklies,  and  $2  per  week  for 
postage.    The  resolution  was  adopted. 

By  leave  Mr.  Dasheill,  introduced  House  File  No.  2*  a  bill  for 
an  Act  disfranchising  certain  persons  who  evaded  military  service. 
Bead  a  Ist  anJ  2d  time,  and  referred  to  the  committee  on  Consti- 
tutional amendments. 

Mr.  Gamble  movea  that  the  House  do  now  adjourn. 

The  motion  prevailed  and  the  House  adjourned. 


Hall  of  House  of  Rbpbesbntatives,   ) 
Des  Moines,  Monday,  January  11,  1866.      ) 

2  O^OLOOK,  p.  Iff. 

House  met  pursuant  to   adjournment.     Speaker  in  the  chair. 

Prayer  by  Rev.  J.  M.  Phillips. 

On  motion  of  Mr,  McNutt,  the  reading  of  the  journal  was  dis- 
pensed Wltll. 

On  motion  of  Mr.  Williams  of  Des  Moines,  a  committee  of  two 
was  appointed  to  wait  upon  the  Senate,  and  inform  that  body  that 
the  House  was  ready  to  recieve  it  in  Joint  Convention  tor  the 
purpose  of  inaugurating  the  Governor  and  Lieutenant  Governor 
elect. 

Messrs.  Williams  of  Des  Moines,  and  Bolter,  were  appointed  as 
such  committee. 

On  motion  of  Mr.  Dudley,  the  clergy,  both  resident  and  stran- 
gers, were  invited  to  seats  on  the  floor  of  the  House.  The  Speaker 
appointed  Mr.  Dudley  a  committee  to  tender  said  invitation. 

On  motion  of  Mr.  ilaxwell  the  members  of  the  State  Agricul- 
tural Society,  and  Board  of  Trustees  of  Agricultural  College  were 


HOUSE  OF  RBPRBSBNTATIVES.  39 

invited  to  seats  on  the  floor,  and  Mr.  Maxwell  was  appointed  a 
committee  to  tender  said  invitation. 

The  Committee  appointed  to  inform  the  Senate,  reported  that 
they  had  performed  their  duty  and  were  discharged. 

The  Sergeant-at-Arms  announced  the  Honorable  Senate,  who 
entered  the  Hall  preceded  by  their  President  and  Secretary,  and 
took  the  seats  assigned  them. 

JOINT   CONVENTION. 

r 

Lieutenant  Governor  Eastman  in  the  chair. 

On  motion  of  Senator  Henderson,  a  committee  of  one  on  the 
part  of  the  Senate,  and  one  on  the  part  of  the  House  was  appointed 
to  wait  upon  the  Governor  and  Lieutenant  Governor  elect,  and  in- 
form them  that  the  General  Assembly  was  ready  to  receive  them. 

Mr.  Henderson  on  the  part  of  the  Senate,  and  Mr.  O'Brieu  on 
the  part  of  the  House  were  appointed  as  such  committee. 

On  motion  of  Mr.  Holden,  the  Judges  of  the  Supreme  Court 
were  invited  to  seats  on  the  stand. 

Mr.  Holden  was  appointed  a  Committee  to  tender  the  invitation. 

On  motion  of  Mr.  Poindexter,  the  State  officers  were  invited  to 
take  seats  upon  the  stand. 

Mr.  Poindexter  wis  appointed  a  committee  to  tender  said  invi- 
tation. 

The  several  committees  on  invitation  reported  and  were  dis- 
charged. 

Mr.  McXutt  moved  that  the  officers  of  the  army  and  navy  now 
in  this  city,  be  invited  to  take  seats  on  the  floor.  The  motion  pre- 
vailed, and  Mr.  McNutt  was  appointed  a  committee  to  tender  the 
invitation. 

Mr.  McITutt,  accompanied  by  the  officers  of  the  army  and  navy, 
present  in  the  city,  reported  from  the  committee  of  invitation,  and 
the  committee  was  discharged. 

The  committee  reported,  and  the  Governor  and  Lieutenant  Gov- 
ernor elect  entered  tne  Hall,  followed  by  the  Judges  of  the  Su- 
preme Court  and  the  State  officers,  and  the  inauguration  ceremo- 
nies were  completed  in  the  following  order : 

1.  Music  by  the  band.     (Hail  Columbia.) 

2.  Prayer  by  Rev.  J.  M,  Phillips. 

3.  Administration  of  the  oath  of  office  to  the  Governor  and 
Lieutenant  Governor  elect  by  Hon.  Enoch  W.  Eastman,  Lieuten- 
ant Governor,  and  President  of  the  Senate. 

4.  Singing  of  the  Star  Spangled  Banner  by  G.  P. 'Abel. 

5.  The  Governor  delivered  the  foUowinglnaugural  Address  : 


40  JOURNAL  OF  THE 


EXECUTIVB  OFFICE, ) 
Db8  Momsa,  Januaiy  11th,  I860,     f 

Gentlemen  of  the  Senate  and  House  of  Representatives  : — 

Chosen  by  the  partiality  of  my  fellow-citizens  to  discharge  the 
duties  of  the  Executive  office  for  a  second  term,  I  have  appeared 
before  you  to  solemnly  renew  the  obligations  prescribed  by  the 
Constitution  of  our  State,  and  to  repeat  the  assurances  of  my 
earnest  devotion  to  the  public  welfare. 

"With  a  sense  of  profound  obligation  to  the  Almighty  Ruler  of ' 
the  Universe,  for  tne  altered  condition  of  the  country  since  my 
first  inauguration,  and  the  dawn  of  a  more  tranquil  era  in  the 
national  history  to  cheer  me,  I  enter  upon  the  present  term  with 
the  flattering  hope  that  the  State  will  continue  to  prosper,  our  peo- 
ple realizing  an  adequate  measure  of  success  in  developing  the 
resources  which  nature  has  so  bountifully  placed  at  their  disposal. 

Grateful  to  Him  who  in  mercy  has  guided  and  sustained  us,  I 
congratulate  you  that  during  the  vicissitudes  of  a  War  which  shook 
the  foundations  of   the  Republic,  the  people  of  Iowa  have  con- 
tinued to  advance  in  all  the  essential  elements  of  enduring  wealth. 
"With  extended  borders  exposed  to  the  incursions  of  watchful  en- 
emies, the  property  and  lives  of  our  citizens  have,  nevertheless, 
been  adequately  protected.     Notwithstanding  that  eighty  thousand 
of  our  active  and  vigorous  population  were  fiimished  to  the  na- 
tional armies,  yet  by   the  aid  of  machinery  substituted  for  the 
manual  labor  thus  withdrawn,  the  annual  yields  of  agricultural  pro- 
ductions have  steadily  and  rapidly  increased.     "While  our  grana- 
ries have  been  abundantly  supplied  at  home,  the  avenues  of  com- 
merce have  teemed  with  our  surplus  grain  and  stock  contributed 
to  the  markets  of  other  States ;  and  the  census  returns  exhibit  from 
year  to  year  a  constant  and  astonishing  augmentation  in  the  avails 
of  every  other  departnaent  of  material  industry.     The  increase  of 
useful  inventions  indicates  that  the  labors  of  the  mechanic  and 
artisan  have  been  duly  rewarded.     The  progress  of  internal  im- 
provements, and  especially  of  our  railroad  enterprises ;  the  growth 
of  towns  and  cities ;  the  complete  recovery  of  all  classes  from  pecu- 
niary embarrassments ;  our  present  sound  financial  condition,  and 
the  widely  disseminated  facilities   for  intellectual   development, 
afibrd  the  general  outlines  of  a  picture  which  older  and  more  favored 
States  may  strive  in  vain  to  rival. 

"What  Iowa  is,  she  owes  only  to  herself— to  the  industry,  to  the 
enterprise,  the  moral  character  and  patriotism  of  her  people,  while 
her  healthful  climate  and  her  soil  of  unexcelled  fertility,  her  rich 
deposits  of  mineral  wealth,  the  inland  water  courses,  and  the  navi- 
gable rivers  which  wash  her  boundaries ;  her  central  position  be- 
tween the  two  great  Oceans,  and  the  iron  links  uniting  her  insep- 
arably with  the  commercial  arteries  of  the  continent,  utter  predic- 


HOUSE  OP  REPRESENTATIVES.  41 

lions  of  her  coming  greatness  more  emphatic  than  either  pen  or 
tODgne  can  make. 

Bat  inasmach  as  the  biennial  message  has  presented  in  detail 
the  condition  of  the  State,  and  its  exigencies  in  the  various  depart- 
ments, I  may  be  pardoned  if,  in  suggesting  additional  topics  for 
your  consideration,  I  now  turn  to  the  more  extended  theatre  of 
National  affairs. 

Thoroughly  imbued  with  the  principles  of  liberty  and  equality, 
proclaimed  by  our  fathers  at  the  origin  of  the  Republic,  and  alive 
to  the  importance  of  transmitting  to  posterity  the  Government 
which  they  established,  the  people  of  Iowa,  in  the  recent  struggle, 
contributed  liberally  of  their  .blood  and  treasure  for  the  preserva- 
tion of  the  Union.  Loyalty  to  the  Constitution,  and  adherence  to 
the  Federal  Union  were  the  cardinal  ideas  of  our  people,  and  the 
exalted  motives  which  unswervingly  attached  them  to  the  National 
cause.  If  the  spirit  of  treason  or  sympathy  with  rebellion  existed 
among  us,  it  was  only  in  a  modified  form,  emphatically  stifled  by 
the  aggregated  patriotism  and  preponderating  influence  of  the  loyal 
masses.  As  a  member  of  the  Federal  Union,  possessing  a  joint 
interest  in  the  national  heritage,  Iowa  had  a  destiny  inseparably 
connected  with  that  of  the  loyal  and  adhering  States.  Our  radical 
and  nndeviating  opposition  to  the  bold  and  persistent  demands  of 
the  slave  power,  prepared  •  us  to  meet  the  issues  which  were 
finally  submitted  to  the  terrible  arbitrament  of  war. 

Fully  realizing  the  magnitude  of  the  questions  at  stake,  and  per- 
ceiving no  adequate  equivalent  for  an  undivided  Union,  our  citi- 
zens in  obedience  to  the  national  call  promptly  abandoned  their 
peaceful  avocations,  and  became  soldiers  bravely  rallying  in  defense 
of  the  common  emblem.  Their  devotion  to  Liberty  ana  the  Union 
has  been  nobly  vindicated  by  their  blood.  Their  intelligent  sub- 
mission to  discipline,  their  endurance  and  valor  conspicuously  dis- 
played in  marches,  sieges  and  battles,  are  the  subjects  of  imperish- 
able history,  and  need  not  be  recounted  here.  As  they  bore  the 
flag  of  Iowa  victoriously  on  the  tide  of  War,  the  rattle  of  their 
musketry  was  heard  upon  every  field  of  conflict  made  historic  by 
the  valor  of  the  West,  and  the  thunder  of  their  cannon  amidst  the 
carnage  of  battle,  announced  the  progress  of  our  advancing  columns. 

In  tliis  connection,  the  occasion  seems  not  unsuitable  tor  a  brief 
allusion  to  affairs  resulting  from  the  termination  of  the  war.  Con- 
scions  of  no  desire  to  excite  unfounded  distrust  in  the  minds  of 
others,  regarding  the  prospects  of  an  early  return  of  the  insurgent 
States  upon  a  loyal  and  satisfactory  basis,  I  nevertheless  cannot 
disguise  my  own  apprehensions  of  ultimate  danger  from  existing 
adverse  elements,  unless  the  loyal  States  shall  remain  firm  in  their 
purpose  to  vindicate  the  majesty  of  the  Government  in  dictating 
the  terms  of  restoration.  The  statesmen  to  whose  wisdom  the 
destiny  of  this  great  nation  is  now  entrusted,  will  be  held  responsi- 
ble for  a  faithful  performance  of  their  work.  Coming  generations 
6* 


42  JOUBZfAL  OF  T0£ 

of  oar  people  will,  in  the  light  of  history,  carefully  review  the 
events  of  these  times,  and  with  a  considerate  judgment  they  will 
admire  oar  fidelity  or  condemn  our  recreancy. 

Let  us  not  be  deceived  by  the  flattering  assurance  indulged  by 
many,  that  the  conflict  is  over.  To  suppose  that  this  embittered 
contest  between  right  and  wrong,  of  adnerence  to  the  fundamental 
principles  of  the  government,  and  the  intensified  spirit  of  treason 
nursea  for  half  a  centnry  terminated  when  the  rebel  armies  were 
overthrown,  is  to  forget  all  the  teachings  of  history,  and  disregard 
the  instructive  lessons  of  our  own  experience.  Every  indication 
of  the  times  affords  accumulating  evidence  that  the  great  problem 
of  our  National  Future  remains  to  be  solved.  But  i  am  not  with- 
out hope.  The  substantial  progress  with  which,  under  manifold 
difficulties,  the  work  of  restoration  has  been  attended  in  so  brief 
a  period  may  be  construed  as  a  favorable  indication  ot  the  future  ; 
and  although  §hort  of  the  anticipated  measure  of  success,  it  yet 
affords  encouraging  evidence,  that  among  the  well  disposed  inhab- 
itants  ot  the  South,  the  bitterness  engendered  by  rebellion  is  rap- 
idly  giving  way  to  a  common  purpose  of  conciliation.  For  this,  all 
parties  should  be  grateful.  And  the  insurgent  States,  especially, 
will  not  fail  to  perceive  their  obligations  to  that  magnanimous  pol- 
icy, which,  in  spite  of  opposing  Influences  secured  for  their  eflbrts 
the  friendly  co-operation  of  national  authority. 

This  policy,  known  as  the  President's  plan  of  reconstruction, 
has  been  characterized  by  the  development  of  extraordinary  con- 
stitutional power  on  the  part  of  the  federal  Executive,  and  this 
power  having  been  exercised  with  so  great  a  degree  of  general  ap- 
probation, amounts  to  a  practical  interpretation  of  the  Constitution 
absolutely  conclusive  upon  all  parties,  and  unavoidable  as  a  prece- 
dent for  the  future.  The-successful  exercise  of  this  inherent  power 
demonstrates  that  the  Constitution  contains,  when  rightly  inter- 
preted, ample  resources  for  its  own  preservation. 

Upon  what  grounds  can  this  conduct  of  the  President  be  justi- 
fied f  The  effort  to  consider  a  State,  for  political  purposes,  sepa- 
rate and  distinct  from  the  people  who  compose  it  is  a  manifest  ab- 
surdity. A  State  is  a  body  politic,  or  civil  community,  united 
together  for  the  purposes  of  government,  and  their  government  is 
the  accredited  legal  organ  through  which  they  act,  and  by  which 
they  are  known  as  a  municipal  organization.  South  Carolina  may 
have  land  and  defined  territorial  boundaries,  but  it  can  have  no 
government  without  inhabitants,  and  without  a  government,  al- 
though having  inhabitants,  it  would  not  be  known  or  recognized 
as  a  State.  The  people  of  that  and  every  other  State  in  the  Fed- 
eral Union,  are  nothing  more  or  lees  than  a  municipal  body,  ex- 
ercising the  powers  and  franchises  of  a  government  under  the 
authority  of  tne  United  States,  and  in  subordination  to  the  para- 
mount sovereignty  of  the  Constitution,  which  is  the  supreme  law 
of  the  land.    This  subordination  of  States  and  supremacy  of  the 


HOUSE  OF  Rt^BSaOKNTATIVEa  4$ 

Ounatitution   are  our  sheet  anchor  and  bond  of  perpetaal  union. 

luy  theory  adverse  to  this  would  result  in  the  inevitable  destrnc- 

t\on  of  our  nationality. 

While  in  a  territorial  condition,  thoagh  having  inhabitants,  and 
t\ie  same  boundaries  she  now  possesses,  and  though  within  the 
junsdicdon  ot  the  Federal  Government,  Alabama  was  in  no  Con- 
stitntional  sense  a  State  in  the  Union,  and  she  became  such  only 
through  the  act  of  admission  adopted  by  Congress  in  pursuance  of 
the  provision  authorizing  new  States  to  be  admitted.     By  this 
act  of  admission,  or  ordinance,  accepted  by  the  people  of  Alabama, 
the  United  States  became  bound,  among  other  things  to  secure  to 
them  a  republican  form  of  government,  to  protect  them  against 
iuvasioDB  and  domestic   violence,  while   on  the  other  hand,  the 
State  so  created,  acknowledged  the  sovereignty  of  the  Constitution 
and  the  supremacy  of  the  General  Government  within  the  scope 
of  its  granted  powers.    From  these  mutual  obligations,  perpetual^ 
binding  as  Constitutional  covenants,  neither  party  can  legally  ro* 
cede.     The  original  States  became  members  of  the  Union  by  rati- 
tying  and  accepting  the  Constitution  which  placed  them  upon  a 
like  footing  witn  those  subsequently  admitted,  and  created  between 
them  and  the  government  precisely  the  same  reciprocal  obligations. 
Keasoning  from  these  obvious  premises  it  follows  that  the  at- 
tempted expatriation  of  the  Southern  States,  and  their  efforts  to 
maintain  it  by  war,  virtually  dissolved,  for  the  time  being,  -their 
politicol  relations  with  the  Federal  Government,  inasmuch  as  these 
unauthorized  acts  violated  their  constitutional  obligations,  and,  on 
their  part,  the  conditions  upon  which  they  were  created  and  admit* 
ted  as  members  of  the  Union.    The  treason  of  a  few  individuals, 
or  a  mere  local  insurrection  would  not  have  produced  this  result 
But  when  the  people  en  masse  renounced  their  constitutional  rights 
and  deliberately  transferred  their  allegiance  to  a  hostile  sovereignty, 
taking  the  entire  power  of  the  State  with  them,  and  levying  war 
to  maintain  their  new  relations,  it  became  treason  on  their  part,  in- 
volving by  the  established  rules  of  national  conduct,  the  destruo- 
tilHlity  of  their  political  organizations.     For  it  is  manifest  that, 
if  these  States  had  accomplished  their  treasonable  designs,  their 
political  separation  would  have  been  complete,  although  their 
territorial  boundaries  might  have  remained  as  before.    But,  being 
overcome  by  the  superior  power  of  the  Union,  they  were  forcibly 
retained  within  its  jurisdiction  in  the  attitude  of  a  conquered  peo- 
ple.   Having  with  treasonable  intent  violated  the  solemn  cove- 
nants by  which  they  were  originally  organized  as  States,  and  hav- 
ing forfeited  their  rights  under  them  they  are  now  in  no  condition 
to  claim  the  benefits  of  these  covenants,  which  can  only  be  re- 
newed by  the  disposition  of  the  Federal  Government,  as  the  inno- 
cent and  injured  party,  in  the  exercise  of  its  sovereign  power. 

Having  thus  ascertained  the  true  condition  of   these  States, 
under  the  Constitution,  the  question  as  to  whether  they  have  heea 


44  JOURNAL  OF  THE 

out  of  the  Union  becomes  a  mere  abstraction.     In  legal  contem- 

Elation  they  certainly  were  not;  for  all  their  acts  in  that  direction, 
eing  in  conflict  with  the  Constitution,  became  nail  and  void ;  yet 
it  is  nevertheless  equally  clear,  as  a  matter  of  fact,  that  for  a  period 
of  four  years  the  authority  of  the  Union  was  forcibly  excluded 
from  these  States,  and  that,  during  that  period,  they  were  out  of 
their  constitutional  orbits.  Had  this  condition  been  maintained, 
and  their  separation  permanently  established,  then  the  proposition 
that  they  were  out  of  the  Union  would  scarcely  have  been  dis- 
puted ;  and  may  we  not  therefore  with  equal  propriety  now  admit 
that,  for  all  practical  purposes,  these  States  were  not  in  the  (Jnion 
while  this  abnormal  condition  existed. 

To  hold,  as  many  do,  that  the  functions  of  these  States  were 
merely  suspended,  not  destroyed  by  rebellion,  would  result  in  the 
logical  conclusion  that  their  former  condition  revived  when  the 
cause  of  that  suspension  was  removed  ;  and,  if  they  have  not  been 
destroyed,  by  what  right  do  we  now  intervene  in  their  affairs,  and 
require  their  governments  to  be  reformed  before  allowing  them  to 
resume  their  civil  and  political  relations  with  the  Union  ?  From 
what  source  does  the  President  derive  rightful  authority  to  appoint 
Governors  for  these  States,  conferring  power  to  elect  delegates 
and  organize  constitutional  conventions,  prescribing  the  qualifica- 
tions of  electors,  and,  by  compulsory  directions,  require  them  to 
adopt  certain  measures  and  reject  others.  He  could  do  none  of 
these  things  for  Pennsylvania  or  Iowa,  and  he  does  them  for  the 
insurgent  States  only  as  the  authorized  agent  of  constitutional  sov- 
ereignty, and  because  their  civil  vitality  nas  been  destroyed,  and 
they  have  ceased  to  exist  except  as  geographical  boundaries  within 
the  Union,  containing  inhabitants  deprived  of  organized  govern- 
ments. 

Upon  this  broad  and  conclusive  theory  the  work  of  restoration 
has  so  far  progressed.  It  was  the  landmark  which  guided  Abra- 
ham Lincoln  in  his  labors,  wherein  he  was  endorsed  by  the  over- 
whelming verdict  of  the  American  people.  It  is  the  grand  and 
abiding  principle  in  accordance  with  which  the  struggle  was  main- 
tained by  us,  and  the  Union  saved.  And  I  hesitate  not  in  saying, 
that  to  abandon  it  now  would  be  an  insult  to  the  memory  of  the 
martyrs  who  have  fallen  in  its  defense,  and  a  dishonorable  surren- 
der to  the  enemies  we  have  conqured. 

If  the  view  we  have  taken  be  not  correct,  then  the  President  has 
commited  a  flagrant  violation  of  the  constitution  by  arbitrarily 
invading  the  sovereignty  of  these  States,  in  the  absence  of  war 
and  consequently  military  necessity,  for  which  he  should  not  only 
be  arraigned  before  the  tribunal  of  public  opinion,  but  deserves 
die  penalty  of  impeachment. 

At  a  juncture  so  iraught  with  danger  to  the  land,  honest  convic- 
tions may  be  fitly  uttered.  The  boldest  advocate  of  strict  con- 
struction will  scarcely  deny  the  rightfulness  of  the  power  claimed 


HOUSE  OF  REPRB8BNTATIVE8.  45 

and  employed    by  the  President,  yet  in  the  existing  posture  of 
affam  theee  obvions  reasons  for  its  exercise  are  far  more  important 
to  the  conutry  in  the  adjustment  of  the  ^rave  questions  before  us 
than  tbe  mere  fact  that  the  power  itself  oas  been  asserted.    And 
by  keeping  these  reasons  steadily  in  view  we  shall  not  only  be 
fumlBhed  with  a  safe  guide  for  our  own  conduct,  but  avoid  pasting 
any  obstacles  in  the  way  of  Congress  whose  duties,  in  solving  the 
problem  of  reconstruction,  are  more  responsible  and  delicate  than 
those  which  devolve  upon  any  other  department  of  the  government. 
Though  firmly  entertaining  these  views,  I  would  not  be  under- 
stood as  doubting  the  exalted  patriotism  or  integrity  of  the  Presi- 
dent.   While  I  could  have  desired  him  to  go  farther  than  he  has, 
I  cannot  withhold  my  cordial  approval  of  the  acts  already  done  in 
the  exercise  of  these  constitutional  powers,  and  would  counsel  my 
fellow-citizens  to  sustain  him  while  performing  his  duties  within 
the  limits  thus  defined,  with  their  generous  confidence  and  cheer- 
ful support.     He  makes  no  immodest  claim  to  perfection  in  his 
own  theory,  and,  while  we  may  differ  from  him  on  minor  points, 
his  courage  and  devotion,  so  amply  tested,  may  be  taken  as  a 
guaranty  that  he  will  not  differ  from   us  in  the  great  object  of 
saving  and  perpetuating  the  noble  fabric  of  our  American  Union. 
Starting   from    the  substantial    point  of  observation  we   have 
chosen,  let  us  ascertain  how  far  the  Ship  of  State  has  progressed  in 
its  proper  course.     After  all  this  magnanimity  and  display  of  ex- 
traordinary power,  what  concessions  has  the  Government  obtained 
from  the  leaders  of  the  rebellion  that  were  not  the  immediate  and 
logical  results  of  successful  war?     By  the  overthrow  of  the  rebel 
armies  treason  in  its  overt  form  was  abated,  but  if  we  have  gained 
any  practical  advantage  beyond  that,  except  by  compulsory  meas- 
ures, a  patient  and  discriminating  people  have  failed  to  perceive 
it.    Amid  the  smoke  of  battle  and  the  tramp  of  contending  legions, 
Abraham  Lincoln  issued  the  emancipation  edict  not  as  the  conces- 
sion of  a  political  right  to  four  millions  of  bondmen,  but  in  the  ex- 
ercise of  his  war  powers  and  as  a  measure  of  military  necessity  to 
weaken  the  enemy  and  strengthen  the  national  armies.    Had  its 
immortal  author  in  the  grim  shadows  of  war,  failed  to  seize  the 
inspiration  which  conceived  it,  where  are  the  statesmen  and  what 
their  number,  whose  boldness  gives  assurance  that  they  would 
have  demanded  emancipation  at  the  close  of  the  conflict  as  a  meas- 
ure of  reconstruction  ?     It  may  be  noted  as  a  significant  fact  that 
not  a  Southern  State,  either  rebel  or  adhering,  took  any  steps  in 
this  direction  until   after  the  proclamation  was  endorsed  by  the 
loyal  party  of  the  North,  and  had  become  the  rallying  cry  of  our 
conquering  armies,  while  every  one  of  them  from  the  border  to 
the  Gulf  denounced  it  as  a  usurpation  of  power,  and  an  invasion 
of  Sonthem  rights.    The  Constitutional  Amendment  secured  from 
anwilling  States,  in  part  by  the  bold  requirements  of  the  Presi- 
dent, is  the  legitimate  offspring  of  emancipation,  while  emancipa- 


46  JOURNAL  OF  TUB 

tion  itself  was  but  the  result  of  militarj  necessity.  It  was  not 
statesmanship  or  diplomacj,  therefore,  but  the  patriot  blood  so 
nobly  shed  at  Gettysburg  and  Spottsyl7ania,  at  Yieksburg  and  in 
the  mountains  of  Georgia,  that  secured  freedom  to  the  slave. 

But  let  us  consider  the  question  from  a  nearer  stand-point.  In 
the  recent  conventions  assembled  under  executive  sancfion  for  the 
re-organization  of  their  late  governments,  the  overthrow  of  slavery 
was  conceded  as  a  fact  entirely  beyond  their  power  to  control,  but 
we  have  looked  in  vain  for  indications  that  they  accept  emancipa- 
tion as  a  measure  of  justice,  or  regard  it  as  a  progressive  idea  of 
ythe  age.  The  expressed  determination  of  President  Johnson  to 
follow  in  the  footsteps  of  his  predecessor,  and  adhere  to  the  Pro- 
clamation of  Emancipation,  as  a  basis  of  reconstruction,  the  prob- 
able ratiiication  of  the  pending  amendment  to  the  Federal  Con- 
stitution, and  the  Act  of  Congress,  declaring  the  families  of  negro 
soldiers  free,  rendered  absolutely  futile  all  attempts  to  rehabilitate 
the  doomed  institution  of  American  Slavery. 

The  early  restoration  of  the  Union  upon  an  enduring  loyal 
basis,  is  the  obvious  work  of  the  hour,  and  its  bearing  upon  the 
political  and  material  interests  of  the  country  should  not  be  lightly 
estimated.  To  this  end,  and  with  kindness  toward  all  but  the 
guilty  authors  of  our  national  calamities,  the  energies  of  all  good 
men  should  be  earnestly  directed.  But  in  contemplating  the  task 
before  us,  a  prudent  statesmanship  demands  that  we  consider  by 
what  means  it  can  be  most  successfully  accomplished.  I  will  not 
assume  that  treason  would  not  have  existed  without  slavery,  bnt 
it  may  be  asserted  that  if  there  had  been  no  slavery,  there  would, 
in  this  age,  have  been  no  rebellion.  For  without  an  idea,  or  a  mo- 
tive, civil  war  for  the  disruption  of  the  government  could  not  have 
prevailed.  Slavery,  in  its  eagerness  for  perpetuity,  furnished  both, 
and  thereby  traitors  were  aiforded  a  pretext  tor  war.  It  will  be 
perceived,  therefore,  that,  by  the  total  eradication  of  this  mischiev- 
ous element,  we  shall  have  abated  the  most  exciting  if  not  the 
only  source  of  national  peril.  We  cannot  rest  secure  with  the  mere 
destruction  of  its  acknowledged  legal  form ;  we  must  adhere  to  the 
edicts  of  freedom  within  every  State,  in  the  strictness  of  their  letter 
and  the  fullness  of  their  spirit.  Universal  Freedom  and  Political 
Equality  must  be  defined  as  the  cardinal  principles  upon  which 
this  Government  shall  hereafter  exist.  Let  us  have  the  courage  to 
maintain  that,  inasmuch  as  these  four  millions  of  bondmen  became 
free  by  the  immutable  fiat  of  the  American  people,  so  they  shall  be 
endowed  with  all  the  means  necessary  to  practically  defend  that 
freedom  against  all  who,  under  any  form,  pretext  or  subterfuge 
whatever,  may  attempt  to  abridge  it.  Place  the  Red  Sea  for  all 
time  between  them  and  their  oppressors.  Let  the  whip  and  the 
hand-cuff  remain  forever  broken  on  the  field  where  the  slave  and 
his  master  fought.  Animated  by  the  spirit  of  justice,  let  us  be 
vigilant  in  our  efforts  to  correct  the  wrongs  of  the  past.    Record 


HOUSE  OP  RBPRE8ENTAT1VB8.  47 

m\)old  letters  upon  the  history  of  these  times,  as  the  deliberate 
judgment  of  this  generation  that  "  before  the  law  "  the  lojal  black 
man,  the  dnsky  defender  of  the  flag,  is  at  least  the  equal  and  peer 
of  the  pardoned  traitor. 

Add  to  the  vicious  theory  of  State  Sovereignty,  still  boldly  main- 
tained by  many,  and  renounced  by  none,  the  defiance  of  Federal 
aathority,  exhibited  at  their  late  elections,  in  rejecting  from  office 
all  citizens  of  tried  Union  sentiments,  the  re-election  of  men  to 
executive  positions  who  had  attained  the  most  offensive  notoriety 
in  the  rebel  armies,  the  return  of  representatives  to  Congress  who, 
on  account  of  their  treason,  dare  not  take  the  oath  prescribed  by 
law,  the  bold  avowal  of  purposes  inimical  to  the  future  financial 
policy  of  the  Government,  and  all  this,  too,  while  begging  for 
pardon  at  the  feet  of  the  President,  and  we  have  an  array  of  testi- ' 
mony  which  completely  demonstrates  the  impolicy  of  their  imme- 
diate restoration  to  political  power  in  the  nation. 

To  expect  a  permanent  or  satisfactory  adjustment  of  the  Union, 
with  States  still  adhering  to  these  pernicious  ideas,  would,  in  my 
judgment,  be  the  "  suicide  of  hope."  And  to  shield  the  country 
from  the  inevitable  calamities  of  an  inconsiderate  or  hasty  restora- 
tion, let  us  keep  these  yet  refractory  States  in  political  quarantine 
until  their  inhabitants,  by  due  repentance  and  heathful  reflection, 
ehall  have  abandoned  their  offensive  theories,  and  the  epidemic  of 
treason  shall  have  permanently  abated. 

How  we  shall  deal  with  the  authors  of  the  late  rebellion,  is  also 
a  question  which  profoundly  interests  the  loyal  massess  of  our 
country  who  so  patiently  endured  the  burdens  and  perils  of  the  war, 
acd  whose  yet  mourning  circles  and  desolate  hearthstones  too 
plunly  tell  of  its  calamities.  ^^It  is  manifest  that  treason,"  says 
the  President  in  his  late  Message,  '^  most  flagrant  in  character  has 
been  committed.  Persons  who  are  charged  with  its  commission 
should  have  fair  and  impartial  trials  in  the  highest  civil*  tribunals 
of  the  country,  in  order  that  the  Constitution  and  the  laws  may  be 
fully  vindicated ;  the  truth  clearly  established  and  affirmed,  that 
traitors  should  be  punished,  and  the  offense  made  infamous." 

In  this  sentiment  I  fully  concur.  To  excuse  these  men  from 
merited  punishment  upon  the  plea  that  the  atrocious  crime  of 
treason  has  been  merged  in  the  grander  drama  of  revolution,  is  to 
render  crime  respectable  in  proportion  to  its  enormity  and  magni- 
tude. If  four  deluded  wretches,  acting  upon  the  vicious  principles 
imbibed  from  the  leaders  of  the  rebellion,  can  be  hung  for  taking 
the  life  of  our  chief  magistrate,  why  cannot  thje  hempen  noose  be 
as  deservedly  sprung  around  tl^e  necks  of  these  guilty  men  of 
higher  pretensions,  who  deliberately  sacrificed  a  million  of  precious 
lives  upon  the  altar  of  their  mad  ambition  ?  If  an  ignorant  for- 
eigner, a  mere  subordinate  of  Jefferson  Davis,  can  be  condemned 
and  executed  for  the  barbarisms  ot  Andersonville,  should  this  arch- 
conspirator,  now  hospitably  quartered  by  the  shores  of  the  Chesa- 


48  JOURNAL  OP  THB 

peake,  and  bj  whose  fiendish  oonnivance  fifty  thousand  Northern 
soldiers  were  slaughtered  in  Southern  prison  pens,  bo  allowed  to 
escape  the  just  demands  of  our  violated  laws  ? 

The  success  which  the  American  people  have  attained  since  the 
rebellion  began,  in  the  adoption  of  an  enlightened  and. humane 
policy  towards  the  African  race,  so  long  oppressed,  may  be  re- 
garded as  a  moral  triumph  highly  creditable  to  our  national  char- 
acter. The  abolition  ot  slavery,  in  spite  of  all  eflbrts  to  avoid  or 
postpone  it,  finally  became,  in  the  candid  judgment  of  our  intelli- 
gent statesmen,  a  measure  of  absolute  necessity  to  the  preservation 
of  the  Union.  By  this  act,  the  validity  of  which  all  parties  are 
now  disposed  to  concede,  responsibilities  have  devolved  upon  the 
Government  as  novel  as  they  are  imperative. 

The  magnanimous  conduct  of  this  immense  population  of  bond- 
men, has  contradicted  the   observation    and  experience  of  other 
Nations,  and  must  excite  in^their  behalf  the  admiration  of  posterity. 
Under  no  perceivable  obligation  to  assist  in  the  maintenance  of  a 
government  from  which  they  have  never  received  either  justice  or 
mercy,  and  whose  arm  for  generations  had. only  sustained  their 
oppressors,  they  nevertheless  became,  both  in  spirit  and  conduct, 
not  merely  the  truest  friends  of  the  Union  in  the  South,  but  the 
only  friends  from  whose  co-operation  the  National  cause  derived 
material    aid  in  the  entire  region  of  the  rebel  States.    Nor  was 
their  alliance  to  our  cause  by  any  means  an  inconsiderable  acces- 
sion to  the  disposable  power  of  the  Union.     In  various  ways  their 
physical  efforts,  always  cheerfully  rendered,  and  their  knowledge 
of  the  country  and  its  inhabitants,  assisted  in  a  large  degree  in 
overcoming  the  serious  diificulties  which  so  often  interposed  them- 
selves to  the  advance  of  our  armies  through  the  insurgeant  States. 
While  on  many  a  field  of  conflict  for  the  Union,  their  dusky  bat- 
tallions  have  displayed  a  steadiness,  a  devotion  and  courage  excelled 
only  by  the  tried  veterans  of  the  Northern  armies. 

Nor  is  this  all.  Pass  by  the  outlines  which  present  this  war  in 
its  horrid  form  of  carnage  and  blood,  to  those  inner  scenes  which 
unfold  the  sublime  spectacle  of  these  black  agents  of  mercy  hover- 
ing upon  the  verge  of  battle-fields  within  range  of  bursting  shells, 
bearing  food  and  water  to  nourish  the  bleeding  soldiers  of  the 
Union.  Invoke  the  grateful  memory  of  the  many  thousands  who 
have  been  rescued  from  the  dead-lines  of  Anderson  ville  and  Libby, 
to  find  sympathy  and  protection  in  the  rude  cabin  of  the  slave. 
Appeal  to  the  fathers  and  mothers  all  over  this  broad  land,  whose 
sad  hearts  have  been  relieved  by  the  return  of  sons  long  mourned 
as  among  the  hapless  victims  of  rebel  cruelty ! 

By  these  numerous  acts  of  valuable  service,  and  their  unwavering 
fidelity  to  the  Union,  these  people  have  placed  the  Government  in 
a  position  towards  them  which  should  engage  the  gravest^'consider- 
ation.  The  act  of  emancipation  compelled  them  to  occupy  an 
essentially  new  and  responsible  relation  to  the  country.     While  in 


HOUSE  OF  REPRESENTATIVB8.  49 

the  condition  of  slavery,  they  neither  claimed  nor  received  any 
political  recognition,  and,  beyond  their  amenability  to  the  criminal 
code,  the  will  of  their  masters  was  their  only  law.  Bat,  trans- 
formed from  slaves  to  freemen,  they  have  become  invested  with 
duties  and  rights  which,  in  their  very  nature,  necessarily  create 
political  relations  between  them  and  the  Government. 

Their  emancipation  was  an  emphatic  assertion  of  Federal  juris- 
diction and  authority  over  them,  carrying  with  it,  by  unavoidable 
implication,  the  power  to  guaranty  all  the  rights  and  incidents 
which  result  legitimately  from  it.  Although,  in  form,  a  military 
measure,  yet  its  validity  did  not  terminate  with  the  war.  Inde- 
pendent of  the  Constitutional  amendment,  we  insisted  upon  freedom 

^  in  the  Southern  States  as  a  condition  of  their  return  to  the  Union. 
This  demand  could  not  have  been  legally  made  anterior  to  the 
rebellion,  but  the  power  to  do  it  now  is  clearly  deducible  from  the 
position  of  the  Government  as  the  injured  and  prevailing  party  in 
the  late  war,  exercising  the  right  to  require  conditions  of  security 
from  a  vanquished  belligerent.  To  maintain  that  we  now  lack  the 
Constitutional  authority  to  secure  this  freed  people  in  the  enjoy- 
ment of  all  the  rights  incident  to  their  new  condition,»involves  the 
inevitable  conclusion  that,  on  the  part  of  the  Federal  Government, 
compulsory  emancipation  itself  was  a  usurpation  of  power. 

No  large  and  distinct  class  of  citizens  in  any  community  can 
long  or  successfully  maintain  their  rights,  deprived  of  the  means 

-  to  protect  them  against  the  gradual  encroachments  of  power  in  the 
hands  of  others.  While  suffrage  may  not  be  regarded  as  an  inhe- 
rent right,  yet,  under  a  popular  form  of  government,  it  becomes  a 
political  right,  common  to  all  classes  from  whom  the  duties  of  citi- 
zenship are  required.  This  is  the  essential  and  manifest  theory  of 
our  Republican  System.  We  invite  the  foreigner  to  our  shores, 
tendering  him  the  inducement  of  a  home  and  protection  under  the 
flag.  At  the  end  of  five  years,  if  he  chooses  to  avail  himself  of 
the  privilege,  we  confer  upon  him  the  full  stature  of  an  American 

«  citizen.  N'o  people  of  any  recognized  nationality  on  the  globe  are 
excluded  from  the  benefits  of  our  naturalization  laws.  And  as  a 
boanty  for  military  services,  a  foreigner  who  has  served  one  year 
in  the  army  and  received  an  honorable  discharge,  may  become  nat- 
uralized without  any  further  qualification.  All  this  accords  with 
the  sublime  truth  announced  in  the  Declaration  of  Independence 
that,  to  secure  certain  inalienable  rights,  "  Governments  are  insti- 
tuted among  men,  derivinfi:  their  just  powers  from  the  consent  of 
the  governed,"  and  with  that  higher  declaration  that  God  "  hath 
made  of  one  blood  all  nations  of  men."  And  by  what  au- 
thority dare  we  declare  that  the  loyal  citizens  of  African  descent, 
born  upon  our  soil,  shall,  among  "  all  men,"  be  the  solitary  excep- 
tion to  this  truth.  He  has  worn  our  uniform,  fought  our  battles, 
and  proved  true  to  the  flag.  We  made  him  a  freeman,  an  element 
of  national  power,  and  thereby  a  citizen,  and  as  a  citizen  he  obeys 
7 


50  JOUKNAL  OF  THE 

the  laws,  owns  property,  pays  taxes,  and  will,  when  called  upon 
again,  cheerfully  defend  the  flag.  Yet  there  are  those  among  us 
wno  would  deny  him  the  common  political  right  which,  more  than 
any  other  is  enjoyed  by  all  citizens  under  this  Government.  Can 
we  satisfy  ourselves  that  it  would  be  expedient  or  wise  to  inflict  so 
great  a  wrong  upon  an  obedient  and  loyal  subject?  History  affords 
no  example  of  a  government  having  prospered,  while  violating  a 
fundamental  principle  of  its  constitution.  This  Government  was 
not  established  for  the  benefit  of  any  particular  nationality  or  com- 
plexion of  men,  but  was  designed  by  its  immortal  founders  as  an 
asylum  for  all  men  who  seek  the  shelter  of  its  flag. 

I  speak  now  of  a  national  necessity.  Hereafter  the  political 
power  of  the  late  insurgent  States  must  be  exercised  either  by 
loyal  citizens  or  traitors,  or  by  both  conjointly.  Prejudice  may 
dictate,  but  justice  and  sound  poliby  will  never  sanction  the  dis- 
franchisement of  these  four  millions  of  tried  people,  whose  loyal 
ballots,  more  formidable  to  treason  than  bayonets,  would  hereafter 
constitute  them  an  army  of  occupation  to  the  Government  in  the 
yet  unquiet  regions  of  the  South. 

Shall  we  %lhere  to  this  fundamental  idea  of  p«)litical  equality  in- 
corporated with  our  very  existence,  or  must  we  surrender  it  in  the 
hour  of  the  nation's  triumph,  to  the  caprice  of  men  who,  by  four 
years  of  desperate  war,  attempted  to  destroy  the  Constitution, 
thereby  acknowledging  that  in  spite  of  our  greatness,  the  Govern- 
ment has  ceased  to  contain  in  itself  the  means  of  its  own  preser- 
vation. 

States  in  their  individual  capacity,  must  meet  this  vital  issue 
by  bold  and  decided  action.  Indications  are  not  wanting  that  the 
people  of  this  State,  will  pronounce  upon  it  their  calm  and  intelli- 
gent judgment.  We  have  stricken  from  our  statutes  the  infamous 
laws  enacted  in  our  early  history,  which  denied  the  free  n^gro,  or 
the  hunted  fugitive  the  right  to  tread  the  free  soil  of  Iowa.  And 
it  is  a  reflection  no  less  gratifying,  that  the  men  through  whose 
truculency  to  the  slave  power  this  black  code  was  adopted,  have 
long  since  been  consigned  to  their  politiaal  graves.  Our  present 
just  laws  reflect  the  liberal  and  humane  sentiments  of  the  people, 
we  acknowledge  that  blacl^men  have  some  rights  which  are  enti- 
tled to  respect.  They  testify  in  our  courts,  they  have  the  right  of 
immigration  and  exit,  they  hold  property,  enjoy  the  benefits  of  our 
common  school  system,  and  are  otherwise  protected. 

In  the  darkest  hour  of  the  late  struggle  for  the  Union,  seven 
hundred  of  these  black  citizens  stepped  forward  to  fill  the  quota  of 
Iowa  under  the  President's  call  for  troops.  No  class  or  people 
contributed  so  many  soldiers  in  proportion  to  their  numbers.  The 
regiment  thus  formed,  proud  of  the  noble  State  whose  name  was 
borne  upon  their  flag,  served  faithfully  and  fought  bravely.  JEte- 
ceiving  the  highest  commendations  for  their  good  discipline  and 
valor,  they  were  honorably  discharged  at  the  close  of  the  war,  and 


H0U8B  OF  IIBPI«S(EIITATiy£8.  51 

• 

are  bow  among  us.  Tneir  history  belongs  to  the  State.  Their 
flag,  torn  by  the  storms  of  battle,  has  been  received  from  their 
h&ods  and  deposited  among  the  cherished  mementoes  of  the  war. 
Many  of  them  have  families,  own  property,  and  have  long  been 
among  our  induetrioas  and  quiet  inhabitants.  Have  we  that 
degree  of  moral  courage  which  will  enable  ns  to  recognize  the  ser- 
viees  of  these  black  veterans,  and  do  them  justice  ?  Anticipating 
jour  friendly  consideration,  they  have  forwarded  a  memorial  to 
your  honorable  body,  asking  that  you  take  the  necessary  steps  to 
secure  them  the  right  of  suffrage.  Shall  we  assume  the  responsi- 
bility of  denying  this  request,  while  the  many  thousands  who  sym- 
pathized with  the  rebellion,  giving  aid  and  comfort  to  the  enemy, 
are  allowed  to  vote  and  hold  office  under  our  laws ! 

Disclaiming  any  authority  as  the  organ  of  others,  and  speaking 
only  for  myself,  I  declare  it  as  my  d^iberate  and  solemn  convic- 
tion that  the  prayer  of  this  memorial  should  be  heard  and  granted. 

Political  equality — the  object  sought  to  be  attained — is  a  vital 
principle  of  tne  American  Constitution  as  clearly  exemplified  by 
the  cotemporaneous  acts  of  the  men  who  framed  it.  For,  in  their 
day,  freemen  enjoyed  the  right  of  suffrage  without  regard  to  color, 
and  if  in  any  locality  a  distinction  existed,  it  was  a  marked  excep- 
tion to  the  general  rule.  No  danger  was  ever  apprehended  from 
this  impartial  dispensation  of  the  elective  privilege.  With  proper 
saf<^nards  to  the  purity  of  the  ballot  box,  |  can  perceive  no  danger 
in  making  loyalty  to  the  Constitution  and  the  Union  the  basis  of 
suffrage,  adding  thereto  the  qualification  of  intelligence.  But, 
whatever  conditions  may  be  deemed  expedient,  the  gravest  con- 
sideralions  of  policy  demand  that  we  make  them  applicable  to  all 
classes,  ignoring  the  tyrannical  distinction  based  upon  nationality 
or  color. 

Desiring  no  fundamental  change  in  our  political  system,  we  seek 
only  a  practical  acquiescence  in  those  immutable  principles  which 
an  enlightened  patriotism,  intensified  by  the  ordeal  of  civil  war, 
has  indicated  as  the  only  true  foundation  of  the  American  Union. 

For  these  reasons,  and  because  the  end  cannot  otherwise  be  at- 
tained, I  earnestly  press  upon  your  attention  the  expediency  of 
proposing  an  amendment  to  the  Constitution  for  striking  out  the 
word  ''white"  from  the  article  on  suffrage,  in  order  that,  in  due 
time,  this  much  agitated  question  shall  be  submitted  directly  to  the 
people  for  their  ultimate  and  final  decision. 

ifvery  vestige  of  this  atrocious  institution  must  be  forever  ob- 
literated from  the  land.  No  relic  or  memento  should  be  left  to 
remind  posterity  that  the  stars  of  our  national  emblem  ever  shone 
upon  such  a  monstrous  crime. 

We  cannot  ask  others  to  adopt  this  stem  principle  of  impartial 
joBtice,  if  we  reject  it  in  our  own  State,  fietore  we  assert  that  the 
freedm^i  of  the  South  should  be  invested  with  equality  of  political 
rights,  let  ns  chasten  onrsdves,  placate  our  own  animosity,  and  thus 


52  JOURSIAL  OF  THB 

practically  illustrate  the  sincerity  of  the  convictions  we  profess  to 
cherish. 

The  recent  political  canvass  in  this  State  ^as  characterized  by  a 
thorough  and  comprehensive  discussion  of  this  subject  by  the 
opposing  parties,  and«  while  the  result  may  not  be  fairly  construed 
as  a  direct  endorsement  of  free  suffrage,  it  can  nevertheless  with 
entire  accuracy  be  taken  as  a  popular  demand  for  the  submission  of 
the  proposed  amendment  to  the  people. 

Boldly  assuming  the  van>guard  in  this  great  struggle  for  equal 
rights,  and  deliberately  choosing  our  own  path,  whatever  may  be 
the  action  of  surrounding  States,  our  history  is  bond  and  security 
that  we  shall  take  no  baqkward  step.  Among  the  first  in  the  deadly 
breach  for  the  Union,  and  with  her  tents  still  standing  on  the  field, 
the  courage  and  fidelity  of  Iowa  are  placed  forever  above  suspicion. 
In  all  the  great  West  her  star  is. among  the  brightest, *and  her  flag 
among  the  noblest. 

I  herewith  transmit  a  copy  of  the  joint  resolutions  adopted  at 
the  last  session  of  Congress,  proposing  an  amendment  to  the  Con- 
stitution, foreve'r  abolishing  slavery  and  involuntary  servitude 
within  the  United  States.  These  resolutions,  having  been  ratified 
by  the  requisite  number  of  States,  have  become  a  part  of  the 
federal  constitution,  forever,  as  it  may  be  hoped,  divorcing  our 
land  and  people  from  this  national  sin.  '  Let  us  trust  in  the  infinite 
God  that  slavery,  with  its  manifold  crimes,  has  been  consigned  to 
the  sleep  which  shall  know  no  waking.  An  era  of  honor,  of  peace 
and  unity,  has  dawned  upon  our  land.  As  our  fathers  witDossed 
the  birth  of  freedom  amid  the  thunders  of  war,  so  it  has  been  bap- 
tized at  a  holier  fount  in  the  blood  of  their  children.  The  conflict 
of  years  was  finally  narrowed  to  the  sublime  struggle  of  an  hour, 
and  in  that  hour,  after  years  of  grief,  was  the  triumph  of  the  bond- 
man—the consummation  of  perfect  liberty.  Hopeful  of  the  future, 
and  protected  by  law,  the  American  slave  may  now  tread  the  land 
of  his  nativity  in  all  the  conscious  pride  of  a  freeman,  realizing 
the  fullness  of  the  sublime  truth  that  ^^  all  men  were  created  equal, 
and  endowed  by  their  Creator  with  the  inalienable  rights  of  life, 
liberty,  and  the  pursuit  of  happiness. "  No  more  shall  he  be  driven 
by  the  roaster's  whip  from. the  home  of  his  diildhood  and  the 
graves  of  his  kindred,  a  hunted  fugitive  seeking  the  boon  of  liberty 
beneath  the  shining  stars  of  the  North. 

"That  starry  flag  no  longer  waves 

In  splendid  mockery  o*er  a  land  of  slaves.^^ 

These  resolutions  having  been  adopted  by  Congress  since  the 
last  General  Assembly  was  in  session,  their  ratification  by  this 
State  has  necessarily  been  delayed  until  now.  To  make  this  tri- 
umph of  freedom  more  emphatic  and  glorious,  let  us  hasten  to 
place  Iowa  in  the  column  of  ratifying  States.  Though  late  at  the 
altar,  our  offering  will  help  to  swell  the  funeral  pyre  of  slavery. 


HOUSE  OP  RBPRBSKNTATIVES.  53 

These  ineasaree — Emancipation  and  Enfranchieeinent — radiant 
with  the  hopes  of  millionB,  and  dictated  alike  hj  wisdom  and  jus- 
tice^  should  together  receive  our  cordial  sanction.  They  are  inti- 
mately related  as  concurrent  rights,  and  we  cannot  consistently 
grant  the  one  and  withhold  the  other. 

Fellow-citizens  of  the  General  Assembly,  let  me  implore  yon  to 
meet  this  great  crisis  like  men  and  patriots,  fearless  in  the  dis- 
diarge  of  duty.  This  offering  of  freedom  shonld  not  be  an  empty 
thing — a  mere  formality.  Lay  aside  your  prejudice  against  the 
slave  when  yon  lift  the  iron  from  his  neck>  and  make  him  a  man. 
Our  80,000  bayonets  have  made  a  wall  between  you  and  the  wrongs 
of  slavery,  while  ten  thousand  Iowa  graves  scattered  from  the 
banks  of  the  Des  Moines  to  the  Atlantic  sea-board,  are  silent,  yet 
eloquent  advocates  for  those  who  have  nobly  earned  the  rights  of 
manhood  at  the  price  of  valor  and  blood. 

As  the  unfading  line  of  history  stretches  back  from  this  age  to 
the  thunders  of  Sinai,  to  the  sea  and  the  wilderness  through  which 
Jehovah  guided  the  deliverers  of  Israel,  so  may  it  not  reach  for- 
ward to  that  golden  era  when  the  enfranchised  race  shall  point  to 
the  children  of  statesmen  now  living  and  say,  ^'  their  fathers  deliv- 
ered our  fathers  from  the  House  of  bondage  and  the  Land  of  op- 


pression." 


WILLIAM  M.  STONE. 


6.  Singing  of  the  battle  hymn  of  the  Bepnblic. 
•  The  inauguration  ceremonies  being  concluded,  Senator  Patter- 
son offered  the  following  resolution,  which  was  adopted  : 

Beaolved,  That  we,  the  representatives  of  the  three  branches  of 
the  government  of  the  State  of  Iowa,  the  Executive,  the  Judiciary, 
and  the  Legislature,  here  assembled,  do  declare  that  we  pledge  our- 
selves and  the  State  to  the  eternal  principles  of  freedom^  juatice^ 
aod  jpolitioal  eqiudUy  to  all  men  regardless  of  color  or  nationality. 

On  motion  of  Senator  Heed,  the  Convention  was  dissolved. 

The  House  re-assembled  at  the  call  of  the  Speaker. 

Mr.  Sapp  moved  an  adjournment.  The  motion  prevailed,  and 
thereupon  the  House  adjourned  till  to  morrow  morning  at  ten 
o'clock. 


Hall  op  IIoubb  of  Rbpreskntativbs,  ) 
Des  Moines,  January  12,  1866.      f 

House  met  pursuant  to  adjournment.     Speaker  in  the  Chair. 

Prayer  by  Rev.  Mr.  McCague. 

Journal  of  three  preceding  days  read  and  approved. 


54  JOUBNAL  or  THX 

The  following  meBsage  was  received  from  the  Senate : 

Mb.  Spbakeb  :— -I  am  directed  to  inform  your  honorably  body 
that  the  Senate  has  adopted  the  toliowiag  resolution,  in  which  the 
concnrrence  of  the  House  is  asked : 

Resolved  hy  the  Senate^  the  House  concurring^  That  the  Joint 
Committee  to  investigate  the  condition  of  certain  swamp  land  in- 
demnity warrants,  forwarded  to  the  Executive  office,  be  and  they 
are  hereby  instructed  to  take  the  testimony  in  writing,  and  report 
the  same  to  this  General  Assembly,  in  addition  to  finding  of  the 
,  facts  as  contemplated  by  the  concurrent  resolution  under  which  said 
committee  was  appointed. 

I  am  further  directed  to  inform  your  honorable  body  that  the 
Senate  has  adopted  the  following  resolution  in  which  the  concur- 
rence of  the  House  is  asked  : 

Whebeas,  The  87th  Begiment  Iowa  Volunteer  Infantry  was  in 
the  military  service  nearly  three  years,  and  all  that  time  doing  ar- 
duous and  useful  duty  for  their  country,  and 

Whbbbas,  a  portion  of  said  regiment  were  discharged  for  disa- 
bility and  were  paid  their  full  bounty  promised  them,  whilst  those 
remaining  until  the  rebellion  was  crushed,  received  no  bounty,  but 
instead,  the  installment  of  twenty-five  dollars  received  as  bounty 
money  when  they  were  mustered  into  the  service  was  deducted 
from  their  pay,  therefore  be  it 

Resolved^  by  the  General  Assembly  of  Iowa,  That  our  Represen-* 
tatives  in  Congress  be  requested,  and  our  Senators  instructed,  to 
use  their  utmost  endeavors  to  procure  the  passage  of  an  act  giving 
those  noble  men  bounties  equal  to  any  other  volunteers. 

2.  That  a  copy  of  this  resolution  be  forwarded  by  the  Secretary 
of  State  to  each  of  our  Senators  and  Eepresentatives  in  Congress 
at  the  earliest  practicable  period. 

I  am  further  directed  to  inform  your  honorable  body  that  the 
Senate  has  concurred  in  the  House  resolution  to  hold  a  joint  con- 
vention on  Saturday,  January  13,  at  11  o'clock  a.  m.,  for  the  pur- 
pose of  electing  TJ.  8.  Senators. 

I  am  further  directed  to  inform  your  honarable  body  that  the 
Senate  has  concurred  in  the  House  resolution  to  request  the  Gov- 
ernor to  communicate  with  the  Secretary  of  "War  in  relation  to  the 
immediate  muster-out  of  service  of  the  1st  Iowa  Cavalry  and  such 
other  Iowa  Regiments  or  Companies  whose  services  can  be  dis- 
pensed with. 

I  am  further  directed  to  inform  your  honorable  body  that  the 
Senate  has  concurred  in  the  House  amendment  to  the  concurrent 
resolution  appointing  a  committee  to  investigate  the  alleged  diver- 
sion of  the  Swamp  Land  Indemnity  Fund,  authorizing  said  com- 
mittee to  employ  a  Clerk. 

I  am  further  directed  to  inform  your  honorable  body  that  the 
Senate  has  ordered  the  printing  of  3,000  copies  of  the  Governor's 
message  in  the  English  language,  1,000  copies  in  the  Norwegian 


HOUSE  OP  IttPItEStortATlVEa  -65 

langoage,  1,000  copies  in  the  Germafi  language,  and  500  copiee  in 
'    the  Swedish  language. 

J.  W.  DIXON,  Secretary. 
Mr.  Wilcox,  moved  to  expunge  from  the  journal  so  much  of  the 
proceedings  as  refer  to  the  "  knife  "  resolution. 
The  motion  did  not  prevail. 

PBTmONS. 

Mr.  Wilson  of  , Dubuque,  presented  a  petition  from  George 
Highley,  praying  for  relief. 

Referred  to  the  Committee  on  claims. 

Mr.  Tisdale  presented  a  petition  from  citizens  of  Chickasaw 
county,  asking  for  an  increase  in  the  pay  and  jurisdiction  of 
County  Judges. 

Referred  to  the  Committee  on   Judiciary. 

Mr.  Sapp  presented  the  petition  of  JLdjutant-General  K.  B. 
Baker,  asking  for  a  revision  of  his  claims  and  for  a  settlement 
with  the  A.  &  Chicago  R.  R. 

Referred  to  Committee  on  military  affairs. 

Mr.  Tracy  presented  a  petition  and  remonstrance  from  sundry 
citizens  of  Orontt  township,  Grundy  county,  asking  for  the  pas- 
sage of  an  act  restraining  stock  from  running  at  large. 

jReferred  to  Committee  on  Judiciary. 

Mr.  Clark  presented  a  petition  from  the  Supervisors  of  Tama 
(^anty,  asking  for  power  to  levy  a  higher  rate  ot  bridge  tax. 

Referred  to  the  Committee  on  County  and  Township  organiza- 
tion. 

Mr.  Bereman  presented  a  petition  of  sundry  citizens  of  Henry 
coanty,  asking  for  the  passage  of  an  act  regulating  the  oollection 
of  certain  taxes. 

Referred  to  Committee  on  Judiciary. 

Mr.  Gamble  presented  a  petition  of  teachers  in  Marion  county, 
asking  for  an  increase  of  pay  for  County  Superintendents. 
Referred  to  Committee  on  Common  Schools. 

Mr.  Thome  presented  a  resolution  adopted  by  the  City  Council 
of  the  city  of  Clinton. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Morgan  presented  a  petition  of  sundry  citizens  of  Eeokuk, 
asking  for  the  passage  of  an  act  requiring  a, transfer  book  to  be 
kept  in  each  county. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Serrin  presented  sundry  Railroad  petitions. 

Referred  to  Committee  on  Judiciary. 

Mr.  DeForreet  presented  a  preamble  and  resolutions  from  the 
Board  of  Supervisors  of  Johnson  county. 

Referred  to  Committee  on  Judiciary. 


56  JOURNAL  OF  THE 

Mr.  Thome  presented  a  preamble  and  resolution  from  the  Board 
of  Supervisors  of  Clinton  county. 

Referred  to  Committee  on  Judiciary. 

Mr.  McKean  presented  a  petition  from  certain  citizens  of  Jones 
county,  asking  for  the  amendment  of  section  2241  of  the  Code  of 
Iowa. 

Referred  to  Committee  on  County  and  Township  Organization. 

Mr.  McNutt  presented  a  petition  from  the  Board  of  Supervisors 
of  Muscatine  county,  asking  for  an  act  allowing  the  transfer  of  the 
relief  fund  ot  that  county  to  the  general  county  fund. 

Referred  to  a  committee  consisting  of  the  members  from  Musca- 
tine and  Louisa  counties. 

By  leave,  Mr.  McNutt  presented  the  following  report  from  the 
Committee  on  Credentials : 

The  Committee  on  Credentials  beg  leave  to  report  that  they  have 
examined  the  credentials  of  Mr.  Douglass  Loffingwell,  a  member 
elect  from  the  46th  District,  and  find  the  same  correct. 

SAMUEL  MoNITTT,  Chairman. 

The  report  of  the  committee  was  adopted,  and  Mr.  Leffingwell 
took  and  subscribed  to  the  oath  prescribed  by  the  Constitution,  and 
was  admitted  as  a  member  of  the  House. 

RESOLUTIONS. 

Mr.  Flanders  offered  the  following  resolution,  which  was  laid 
over  under  the  rule : 

liesolved^  That  His  Excellency,  Governor  "Wm.  M.  Stone,  be  re- 
spectfully requested  to  furnish  to  this  House  such  informatioii  as 
he  may  possess,  or  the  records  and  correspondence  of  his  office  may 
show,  touching  the  gros8  outrages  and  cruelty  which  have  been  in- 
flicted, as  punishments,  upon  members  of  the  First  Iowa  Cavalry, 
or  of  any  other  Iowa  regiment,  contrary  to  the  Regulations  and 
Articles  of  "War,  by  order  of  Major-General  Custar,  or  any  other 
officer  of  the  U.  S.  Army,  who  has  been  in  command  of  Iowa  reg- 
iments now  orrecentlv  in  the  United  States  service. 

Mr.Finkbine  offered  the  following  resolution,  which  was  adopted  : 

Mesolveds  That  the  Speaker  be  authorized  to  separate  the  Stand- 
ing Committees  on  ^'  Schools  and  State  University,"  and  appoint  a 
separate  Standing  Committee  on  each. 

INTEODUOTION  OF  BILLS. 

Mr.  Bennett  introduced  H.  F.  No.  3,  A  Bill  for  an  Act  fixing 
the  time  for  holding  Courts  in  the  Sixth  Judicial  District. 

Read  first  and  second  tinle,  and  referred  to  committee  of  the 
members  from  that  district. 

Mr.  Burnett  introduced  H.  F.  No.  4,  A  bill  for  an  Act  to  legalize 


HOUSE  OF  KBPRBSBNTATIVEB.  57 

the  action  of  the  Board  of  Directors  of  the  District  Township  of 
thedty  of  Mnscatine. 

Reaa  first  and  second  times  and  referred  to  the  Commitee  on 
County  and  Township  Organization. 

Mr/Bnrnett  introduced  H.  F.  No.  5,  A  bill  for  an  Act  to  confirm 
and  legalize  the  acts  of  M.  Block,  a  Notary  Pablic. 

Read  first  and  second  times  and  referred  to  the  Committee  on 
Judiciary. 

Mr.  Knox  introduced  H.  F.  No.  6,  A  bill  for  an  Act  defining  the 
duties  of  the  Eegister  of  the  State  Land  Office. 

Read  first  and  second  times  and  referred  to  Committee  on  Pablic 
Lands. 

Mr.  Sapp  introduced  H.  F.  No.  7,  A  bill  for  an  Act  to  amend  an 
Act  to  define  the  time  of  holding  Courts  in  the  Third  Judicial  Dis- 
trict. Bead  first  and  second  times  and  referred  to  a  select  commit- 
tee,  consisting  of  Messrs.  Sapp,  Hale,  Linderman,  Haggins,  and 
Sipple. 

Mr.  Holden,  by  leave,  introduced  the  following  concurrent  reso- 
lution, and  moved  its  adoption  : 

Whebeas,  a  consistent  regard  for  the  principles  of  Republican 
Liberty,  upon  which  our  system  of  government  is  based,  requires 
that  the  full  privileges  and  rights  of  the  citizen  should  be  equally 
bestowed  and  accessible  to  all  men  ;  and, 

Wkeksab,  Duriuff  the  late  civil  war  the  colored  residents  of  our 
State  have  voluntarily  and  generously  contributed  their  efforts  to 
the  support  of  the  Union  cause,  and  have  earned  for  themselves 
the  right  to  an  equal  enjoyment  of  the  liberties  which  are  continued 
to  us  through  the  services  of  our  soldiery ;  and, 

Whereas,  The  constitutional  prohibition  of  slavery  having  been 
adopted,  it  is  now  particularly  fitting  that  we  should  discard  polit- 
ical proscription,  and  make  all  men  equal  before  the  law  ;  tnere- 
fore. 

Resolved  hy  the  Oenefi^oL  Assemhly  of  the  State  of  lowa^  That  an 
amendment  to  the  Constitution  of  the  State  of  Iowa  be  proposed, 
to-wit :  That  from  Section  one  of  Article  two,  of  said  Conetitution, 
the  word  "  white"  be  stricken  out,  which  proposed  amendment  is 
hereby  referred  to  the  next  General  Assembly  for  its  approval.       ^ 

Mr.  Darwin  moved  to  refer  it  to  the  Committee  on  Constitutional 
Amendments.  The  motion  prevailed,  and  the  resolution  was  so 
referred. 

Mr.  Mills  introduced  a  resolution  as  follows : 

Resolved  lyihe  House  of  Representatives^  the  SerMe  corumrring^ 
Hat  we,  the  Representatives  of  the  People  of  the  State  of  Iowa, 
targe  upon  the  attention  of  Congress  the  importance  and  justice  of 
making  the  bounty  of  soldiers  who  enlisted  in  the  army  to  put 
down  Oie  rebellion  in  answer  to  early  calls,  equal  to  that  of  soldiers 
who  enlisted  under  calls  near  the  close  of  the  war ;  and  we  ear- 
nestlj  entreat  Congress  to  make  such  enactments  as  will  secure 
S 


58  JOURNAL  OF.  THS 

evenjustice  all  tosoldiers  who  enlisted  utider  the  various  calls  of 
the  Government ;  and 

Be  it  further  ordered^  That  copies  of  this  resolution  be  forwarded 
to  our  Senators  and  Representatives  in  Congress. 

The  resolution  was  adopted. 

Mr.  Wilson  introducea  the  following  preamble  and  resolution, 
and  moved  its  adoption : 

Whereas,  No  State  can  Constitutionally  secede  from  the  Amer- 
ican TJnion,  and  all  acts  of  secession  are  null  and  void  from  the 
begmning;  and, 

W  HEREAS,  It  follows  that  no  one  of  the  States  lately  in  rebellion 
against  this  Goverment  has  ever  been  out  of  the  Union,  but  its 
relations  thereto  have  only  been  suspended  ;  and, 

Whereas,  The  speedy  restoration  of  the  suspended  relations  of 
those  States  is  a  matter  of  paramount  importance  to  the  country, 
involving  its  peace  and  harmony,  and  the  perpetuity  of  the  Fede- 
ral Union ;  and. 

Whereas,  The  reconstruction  policy  of  the  President  of  the 
United  States  is  wise,  prudent,  ana  promotive  of  these  objects ; 

Jiesolvedy  the  Senate  concurring^  That  the  General  Assembly  of 
the  State  of  Iowa  hereby  approves  the  same,  and  condemns  the 
doctrine  of  State  suicide,  ana  the  reduction  of  any  State  to  Terri- 
torial vassalage. 

On  motion  of  Mr.  Hale  the  resolution  was  referred  to  the  Com- 
mittee on  Federal  Relations. 

Mr.  Sapp  introduced  the  following  resolution,  and  moved  its 
adoption : 

Be  it  resolved  Jy-  the  Senate  *and  House  of  Representatives  of 
the  Sta/te  of  lowa^  That  the  arch-traitor  Jefterson  iJavis,  ex-Presi- 
dent of  the  so-called  Southern  Confederacy,  is  guilty  of  the  highest 
crime  known  to  the  Constitution  and  laws  of  the  United  States, 
and  in  the  opinion  of  the  loyal  people  of  this  State,  is  not  a  fit 
subject  for  clemency,  and  in  our  opinion,  it  is  due  to  the  living  and 
the  dead,  that  he  should  expiate  his  crimes  upon  the  scaffold. 

Mr.  Ballinger  offered  the  following  amendment:  ^^ Provided 
the  same  can  be  so  done  in  accordance  with  law,  and  the  usage  of 
civilized  nations.'^ 

Mr.  McNutt  offered  the  following  amendment  to  the  amend- 
ment : 

Strike  out  the  word  "  provided  "  and  insert  in  lieu  thereof  the 
words  "  inasmuch  as,*' 

Mr.  Bennett  moved  the  previous  question,  which  was  seconded, 
and  the  question  "  shall  the  main  question  be  now  put  t  "  was 
decided  in  the  affirmative.  Upon  the  adoption  of  the  amendment 
to  the  amendment,  the  yeas  and  nays  were  demanded  and 
ordered,  and  were  as  follows : 

The  yeas  were  Messers.  Abemethy,  Abbott,  Alcorn,  Barnes, 
Belt,  Bereman,  Bennett,  Boomer,  Brown  of  Louisa,  Brown  of 


HOUSE  OP  HBPRSdSNYATIYEa  59 

^iftOTv,  Brown  of  Van  Baren,  Brown  of  Winneshiek,  Burnett, 
Carbee,  Clark,  Close,  Conway,  Crawford,  Darwin,  Dashiell, 
DeForest,  Dudley,  Dwelle,  Emery,  Finkbipe,  Flanders,  Fry, 
Gamble,  Qaylord,  Gray,  Garrett,  Garber,  Glasgow,  Goodrich, 
Graves,  Griffith,  Hale,  Hand,  Holmes,  Holdeo,  Huggins,  Joy, 
Knapp,  Knox,  Landes,  Leffiingwell,  Linderman,  Martin,  Max- 
well, McPherson.  McNutt,  McCuUough,  McLaughlin,  McEean, 
Mills,  Morgan,  Olmstead,  Palmer,  Foindexter,  Rogers*  JKohlffa, 
Rnnyan,  Russell,  ityan,  Sapp,  Safely,  Serrin,  Sherman,  Tracy, 
Tfaacher,  ;Travi8,  Tisdale,  Thomson,  Thorn,  Walden,  West, 
Wiloox,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of 
Marshall,  Williams  of  Winneshiek,  and  Mr.  Speaker — 82. 

The  nays  were  Messrs.  Ballinger,  Barker,  Bahl,  Bolter,  Brown 
of  Deeatnr,  Comfort,  Fellows,  Lowdon,  O'Brien,  Sipple,  Wright, 
Wilson  of  Dubuque. 

Absent  not  voting,  Messrs.  Buck,  Godfrey,  Stockman  and 
Van  Lenven. 

So  the  amendment  to  the  amendment  was  adopted. 

The  question  recurring  upon  the  amendment  as  amended,  the 
same  wais  lost. 

Upon  the  adoption  of  the  resolution,  the  yeas  and  nays  were 
demanded,  and  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes, 
Barker,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van 
Baren,  Brown  of  Winneshiek,  Burnett,  Carbee,  Clark,  Close, 
Comfort,  Conway,  Crawford,  Car  win,  Dashiell,  DeForest,  Dudley, 
Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble, 
Gaylord,  Gary,  GtirretL  Garber,  Glasgow,  Goodrich,  Graves, 
Griffith,  Hale,  Hand,  Holmes,  Holden,  Huggins,  Joy,  Knapp, 
Knox,  Landes,  Leffingwell,  Linderman,  Lowdon,  Martin,  Maxwel), 
McPherson,  McNutt,  McCuUough,  McLaughlin,  McKean,  Mills, 
Morgan,  Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Runyan, 
Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Tracv,  Thacher, 
Tratis,  Tisdale,  Thomson,  Thorn,  Van  Leuven,  Walden,  West, 
Wilcox,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of 
Marshall,  Williams  of  Winneshiek,  and  Mr.  Sueaker — 89. 

The  yeas  were  Messrs.  Ballinger,  Bahl,  Buck,  O'Brien,  Sipple, 
Wright,  Wilson  of  Dubuque — 7. 

Absent,  and  not  voting,  Messrs.  Godfrey  and  Stockman — 2. 

So  the  resolution  was  adopted. 

Mr.  Walden  introcfuced  the  following  concurrent  resolution  : 

Mesolved  ly  the  House  of  Hmresentati'oee^  the  Senate  ooncurrina^ 
That  on  Saturday,  the  13th  day  of  January,  1866,  at  11  o'clock, 
A.  M.,  the  time  appointed  for  the  election  of  United  States  Sen- 
ators, there  be  also  elected  a  Warden  of  the  Penitentiary,  State 
Printer,  and  State  Binder. 


'     00  JOUBKAL  OF  THE 

Mr.  Sapp  moved  to  amend  by  striking  oat  the  words  "State 
Printer."    Carried. 

Mr.  Emery  moved  to  postpone  till  Monday. 

Mr.  Williams,  of  l)es  Moines,  moved  that  the  resolution  be  laid 
upon  the  table.     The  motion  to  lay  upon  the  table  was  adopted. 

Mr.  Morgan  introduced  the  follow! ugresolation : 

RcBoVoedy  That  the  Speaker  of  the  House  be,  and  he  is  hereby 
requested  to  employ  another  paper-folder,  and  that  Simon  Doran 
be  that  person. 

Miv  Buck  moved  that  the  resolution  be  laid  upon  the  table; 
which  motion  was  adopted. 

Mr.  Maxwell  moved  that  when  the  House  adjourn,  it  be  until 
to-morrow  morning  at  10  o'clock.    Carried. 

On  motion  of  Jm*.  Bennett,  Mr.  Holden  was  excused  from  attend- 
ance in  the  House  for  the  coming  week. 

Mr.  Kussell  moved  that  the  following  committees  be  added  to 
the  regular  Standing  Committees  of  the  House : 

Committee  on  Penitentiary. 

Committee  on  Blind  Asylum. 

Committee  on  Lunatic  Asylum. 

Committee  on  Deaf  and  iJumb  Asylum. 

Committee  on  Agricultural  College  and  Farm. 

The  motion  prevailed. 

Mr.  McCullough  offered  the  following  resolution,  and  moved  its 
adoption : 

Resolved^  That  the  Janitor  receive  six  daily  papers,  or  their 
equivalent  in  weeklies,  and  two  dollars  per  week  postage,  and  that 
the  Post-master  receive  five  dailies,  or  their  equivalent  in  weeklies, 
and  $1.50  per  week  postage. 

Mr.  Brown,  of  Van  Buren,  moved  to  amend  by  striking  out  the 
word  "  Janitor."  The  amendment  was  adopted,  and  the  resolution 
as  amended,  was  adopted. 

On  motion  of  Mr.  Emery,  the  House  adjourned. 


Hall  of  House  of  Eepeesbntatives,  ) 
Dbs  Moinbs,  January  13th,  1866.      ) 

House  met  pursuant  to  adionrnment.     Speaker  in  the  Chair. 

Prayer  by  Rev.  Mr.  Chilas. 

Journal  of  yesterday  read  and  approved. 

Mr.  Barker  moved  to  reconsider  the  vote  by  which  the  resolu 
tion  concerning  the  trial  of  Jefferson  Davis  was  adopted,  and  to 
postpone  the  question  of  reconsideration  until  next  week.    Carried. 


HOUSE  OF  RBPRBSBNTATIVES.  6] 

PBTITION8. 

Mr.  Bolter  presented  a  petition  from  A.  W.  Lookling  and  other 
citizenB  of  Harrison  county,  asking  for  the  passage  of  an  act  to  per- 
fect the  title  to  certain  lands. 

Beferred  to  the  Committee  on  Public  Lands. 

Mr.  Bennett  presented  a  petition  from  J.  F.  Brown  and  other 
citizens  of  Washington  coanty,* asking  for  the  passage  of  an  act 
increasing  the  compensation  of  County  Recorders. 

Referred  to  Committee  on  Compensation  of  State  Officers. 

Mr.  Walden  presented  a  petition  from  the  county  officers  of  Ap- 
panoose, askiDfi^  for  an  increased  compensation. 

Referred  to  Committee  on  compensation  of  Public  Officers. 

Mr.  Wilson  of  Marshall,  presented  a  petition  from  Daniel  Ste- 
vens and  other  citizens  of  Marshall  county,  praying  for  the  pas- 
sage of  an  act  to  restrain  stock  from  running  at  large. 

Mr.  Thorn  presented  a  petition  from  Adj.  Gen.  Baker,  asking 
for  compensation  for  services  as  Quartermaster  General  for  the 
State  of  Iowa. 

Read  and  referred  to  the  Committee  on  Military  Aflfairs. 

BBPORTS  OP  COMMITTEES. 

Mr.  Tracy  from  the  Committee  on  Chaplains  presented  the  fol- 
lowing report : 

Your  Committee  would  respectfully  report  that  they  have  con- 
ferred with  the  resident  clergy  of  this  city,  and  made  arrange- 
ments with  them  to  serve  the  House  alternately  in  order  agreed 
upon  among  themselves. 

L.  D.    TRACT,  )   rr.rr.rr.\Haa 

CICERO  CLOSE,  f  ^^"^"aittee. 

BESOLUTIONS  LAID  OYES  UNDBB  RULE  34. 

The  resolution  of  Mr.  Flanders,  introduced  yesterday,  and  laid 
over  under  the  rule,  concerning  outrages  inflicted  on  the  1st  Iowa 
Cavalry,  was  taken  up. 

Mr.  Bennett  offered  the  following  amendment:  To  insert  the 
word  **  alleged  "  before  the  word  "  injuries." 

The  amendment  was  adopted,  and  the  resolution  as  amended 
was  adopted. 

INTBODUCTION  OF   BILLS. 

Mr.  Runyan  introduced  House  File  No.  8,  a  bill  for  an  act  to  le- 
galize the  official  acts  of  W.  C.  Can  well,  a  Notary  Public. 

Bead  first  and  second  times  and  referred  to  the  Committee  on 
Judiciary. 


Q2  JOURNAL  OF  THB 

Mr.  Barnett  introduced  House  File  No.  9,  a  bill  for  an  act  to 
promote  the  collection  and  assessment  of  cities  and  towns. 

Bead  first  and  second  times  gnd  referred  to  the  Committee  on 
Incorporations. 

Mr.  Tracy  introduced  House  File  No.  10,  a  bill  for  an  act  amen* 
datqry  to  an  act  to  amend  Section  4  of  Chapter  1  of  the  laws  passed 
bj  the  Eighth  General  Assembly. 

Bead  first  and  second  time  anddrefefred  to  Committee  on  com- 
pensation of  Public  Offices. 

Mr.  Abbott  introduced  House  File  No.  11,  a  bill  for  an  act  to 
l^alize  the  proceedings  of  N.  B.  Nichols,  a  Notary  Public  in  and 
for  Dallas  county.  Bead  a  first  and  seeond  time  and  referred  to 
Committee  on  Judiciary. 

Mr.  Wilson,  of  Dubuque,  introduced  House  File  No.  12,  a  bill 
for  an  act  to  legalize  the  official  acts  of  Alanzo  Yanduzee,  a  Notary 
Public.  Bead  first  and  second  time  and  referred  to  Committee  on 
Judiciary. 

Mr,  'V^ilson,  of  Dubuque,  introduced  House  File  No.  13,  a  bill 
for  an  act  to  prevent  B.  B.  companies  from  abusing  or  misusing 
their  franchises.  Bead  first  and  second  time  and  referred  to  Com- 
mittee on  B.  B's. 

Mr.  Safely  introduced  House  File  No.  14,  a  bill  for  an  act  to 
provide  for  the  printing  and  distribution  of  the  Governor's  bien- 
nial message.  Kead  first  and  second  time  and  referred  to  Com- 
mittee on  Printing. 

Mr,  Thome  introduced  House  File  No.  15,  a  bill  for  an  act  to 
repeal  Sec.  4993  of  Bevision  of  1860.  Bead  first  and  second  time 
and  referred  to  Committee  on  Jndiciary. 

BBBOLirriOKS. 

Mr.  Wilcox  ofibred  the  following  resolution,  and  moved  its  adop- 
tion : 

"Whereas,  The  Inaugural  address  of  Governor  Wm.  M.  Intone  , 
meets  the  great  issues  of  the  present  day  in  a  bold  and  statesman- 
like manner,  alike  creditable  to  the  head  and  heart  of  its  author, 
and  to  the  advanced  position  of  our  young  and  patriotic  State,  and 
is  calculated  to  educate  our  people  up  to  the  high  stand  point  of 
political  equality.    Therefore, 

Re&ol/vedy  That  the  Chief  Clerk  of  the  House  be  directed  to  pro- 
cure the  printing  of  7,000  copies  of  the  said  Inaugural  Address  in 
English,  and  3,000  in  German,  2,000  in  Holland,  1,000  in  Norwe- 
gian, 1,000  in  Bohemian,  and  500  in  the  Swedish  language,  sub- 
ject to  the  same  restriction  for  translation  as  the  Message. 

Mr.  Wilcox  moved  the  previous  question,  which  motion  was  not 
seconded. 

Mr.  Glasgow  offered  the  following  resolution  as  a  substitute  : 

Resolved^  That  the  Speaker  request  of  the  Governor  a  copy  of 


HOUSE  OP  BEPItSBBIfTATIYES.  63 

his  Inaa^nral}  and  that  — -  copies  of  the  same  be  printed  in  the 

Euglish  language  ;  copies  in  the  German  language  ;    

copies  in  the  Holland  language ;  copies  in  the  Norwegian 

language; copies  in  the  Bohemian  language ; and  copies 

in  the  Swedish  language,  for  the  use  of  this  House ;  Provided^  the 
cost  of  the  translation  mt4  each  of  the  several  languages  does  not 
exceed  the  sum  of dollars. 

Mr.  Safely  proposed  to  fill  the  first  blank  with  4,000,     Lost. 

Mr.  Ballinger  proposed  10,000. 

Mr.  Sapp  proposed  6,000. 

On  motion  of  Mr.  Sherman,  the  resolution  was  laid  upon  the 
Uble. 

Mr.  Hand  offered  the  following  concurrent  resolution,  which  was 
read  and  referred  to  the  Committee  on  Public  Land : 

Whebeas,  The  reports  of  General  Land  OflBlce  show  that  there 
are  from  60,000,000  to  t>0,000,000  acres  of  government  land  within 
the  borders  of  the  States  lately  in  rebellion.     Therefore, 

Resolved  hy  the  House  of  Representatives^  the  Senate  concurring^ 
That  our  Senators  in  Congress  be  instructed  and  our  Kepresen- 
tatives  requested  to  use  their  influence  in  favor  of  the  passage  ot 
a  law  extending  the  provisions  of  the  Homestead  Act  to  the  freed- 
men  of  the  South,  to  the  end  that  they  may  be  able  to  secure  frec^ 
homes  for  themselves  in  the  regions  in  which  they  have  spent 
their  lives,  and  in  which  they  have  so  nobly  periled  -all  in  defense 
of  their  country's  flag. 

Resolvedj  That  the  Governor  be,  and  he  is  hereby  requested  to 
forward  a  copy  of  this  resolution  to  each  of  our  Senators  and  mem- 
bers of  Congress. 

Mr.  Safely  offered  the  following  resolution  : 

Resolvedy  That  the  Speaker  of  the  House  be  and  is  hereby  au- 
thorized to  employ  an  additional  paper-folder. 

Mr.  Sapp  moved  to  amend  by  adding ''  as  long  as  it  may  be  nec- 
essary." 

The  amendment. prevailed,  and  the  resolution  as  amended  was 
adopted. 

Mr.  Rogers  moved  the  appointment  of  a  committee  of  two  to 
wait  upon  the  .  Senate  and  inform  that  body  that  the  House  was 
ready  to  receive  it  in  joint  convention.  ^ 

The  Dcotion  prevailed  and  the  Speaker  appointed  Messrs.  Rogers 
and  Sipple. 

On  motion  of  Mr.  Rogers,  the  Houipe  took  a  recess  for  5  minutes. 
At  the  expiration  of  that  time  the  House  was  called  to  order  by 
the  Speaker,  and  the  committee  to  inform  the  Senate  by  its  chair- 
man, jf  r.  Rogers,  reported  that  they  had  perforpied  their  duty,  and 
were  discharged. 

The  Speaker  appointed  Mr.  Sherman  teller  on  the  part  of  the 
House. 

The  Sergeant-at-Arms   announced  the  honorable  Senate,  who 


64  JOTJRISrAL  OF  THE 

entered  the  hall  preceded  by  its  President  and  Secretary  and  took 
the  seats  assignea  them.  ' 

JOINT   OOT^ENTION. 

Lieutenant-Governor  and  President  of  the  Senate,  Hon.  Benja- 
min F.  Gne  in  the  chair. 
Senator  Ross  was  appointed  teller  on  the  part  of  the  Senate. 
Mr.  Godfrey  of  the  House,  and  Senator  McJunkin  of  the  Senate 
were  excused  from  attendance  on  account  of  illness. 

The  joint  roll  was  then  called  and  ^  quorum  found  to  be  present. 
On  motion  of  Mr.  Hale,  the  Convention  then  proceeded  to  ballot 
for  a  U.  S.  Senator  for  the  short  terra. 

Mr.  Sapp  nominated  Samuel  J.  Kirkwood.  Mr.  Fellows  nom- 
inated J.  T.  Stoneman. 

The  roll  was  called  with  the  following  result : 

Whole  number  of  votes  cast 139 

Necessary  to  a  choice 70 

Mr.  Kirkwood   received 118 

Mr.  Stoneman  received 20 

Fitz  Henry  Warren  received 1 

Absent  and  not  voting. 9 

Those  voting  for  Mr.  Kirkwood  were  Messrs,  Abernetliy,  Abbott, 
Barns,  Bassett,  Brdyton,  Belt,  Bereman,  Bennett,  Boomer,  Brown 
of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of 
Winneshiek,  Bulis,  Burnett,  Carbee,  Cattell,  Clark  of  Johnson, 
Clark  of  Tama,  Clarkson,  Close,  Conway,  Crawford,  Crookham, 
Cutts,  Darwin,  Dashiell,  DeForest,  Doud,  Dudley,  Dwelle,  Emery, 
Farwell,  Finkbine,  Flanders,  Fry,  Gaylord,  Gary,  Garrett,  Garber, 
Glasgow,  Goodrich,  Graves,  GriflSrh,  Hale,  Hand,  Hart,  Hender- 
son, Ililsinger,  Hilly  er,  Holmes,  Holden,  Hoggins,  Joy,  Knapp, 
King,  Knox,  Lakin,  Landes,  Larimer,  Leake,  LeflSngwell,  Linder- 
man,  Marshman,  Maxwell,  McMillan,  McPherson,  McNutt,  McCul- 
lough,  McLaughlin,  McKean,  Mills,  Meyer,  Moore,  Morgan,  Oliver, 
Olmstead,  Palmer,  Parvin,  Patterson,  Poindexter,  Powers,  Kced, 
Robertson,  Eohlfs,  Rogers,  Ross,  Runyan,  Russell,  Ryan,  Samp- 
son, Safely,  Sapp,  Serrin,  Sherman,  Shippen,  Smith,  Stiles,  Stubbs, 
Thacber,  Thorne,  Tisdale,  Thomson,  Tracy,  Travis,  Udell,  Walden, 
Warren,  West,  Wharton,  Wilcox.  Wright  of  Cedar,  Williams  of 
Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Winneshiek,  Woolson,  and  Young. 

Absent  or  not  voting,  Messrs.  Bridges,  Edwards,  Godfrey,  Hunt, 
Johnson,  McJunkin,  Stockman,  and  Van  Leuven. 

Those  voting  for  Mr.  Stoneman  were  Alcorn,  Ballinger,  Barker, 
Bolter,   Brown   of   Decatur,   Buck,   Comfort,    Fellows,    Hedges, 
Huleman, ,  Knoll,   Lowdon,   Martin,   O'Brien,   Paulk,    Richards, 
Sipple,  Wright  of  Alamakee,  and  Wilson  of  Dubuque. 
Mr.  Gamble  voted  for  Fitz  Henry  Warren. 


HOUSE  OP  REPRB8ENTATIVB8.  65 

Samuel  J.  Kirkwood  havin]^  received  a  majority  of  all  the  votes 
cast,  was  declared  duly  elected  a  Senator  of  the  tlnited  States,  for 
the  unexpired  term  ending  March,  1867. 

Mr.  Burnett  moved  that  the  Convention  do  now  proceed  to 
ballot  tor  a  United  States  Senator  for  the  six  years  beginning  March, 
1867. 

The   motion   prevailed,  and    Mr.    Darwin    nominated    James 
Harlan.     Mr.  Ballingcr  nominated  H.  H.  Trimble. 
The  roll  was  then  called  with  the  following  result : 

Whole  number  of  votes 138 

Necessary  to  a  choice 70 

Mr.  Harlan  received 118 

Mr.  Trimble  received-. 20 

Absent  or  not  voting 8 

Those  voting  for  Mr.  Harlan  were  Messrs.  Abernethy,  Abbott, 
Barnes,  Bassett,  Bray  ton,  Belt,  Bereman,  Boomer,  Brown  of  Louisa, 
Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of  Winnesheik, 
Balis,  Burnett,  Carbee,  Cattell,  Clark  of  Johnson,  Clark  of  Tama, 
Clarkson,  Close,  Conway,  Crawford,  Crookham,  Cutts,  Darwin, 
Dashiell,  DeForrest,  Doud  ,Dudley,  Dwelle,  Emery,  Farwell,  Fink- 
bine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary,  Garrett,  Garber, 
Glasgow,  Goodrich,  Graves,  Griffith,  Hale,  Hand,  Hart,  Hender- 
son, Hilsinger,  Hillyer,  Holmes,  Holden,  Huggins,  Joy,  Knapp, 
King,  Ktiox,  Lakin,  Landes,  Larimer,  Leake,  Leffiugwell,  Linder- 
man,  Marshman,  Maxwell,  McMillan,  McPherson,  McNutt,  Mc- 
Callougb,  McLaughlin,  McKean,  Mills,  Meyer,  Moore,  Morgan, 
Oliver,  Olmstead,  Palmer,  Parvin,  Patterson,  Poindexter,  Powers, 
Reed,  Kobertson,  R<3hlfs,  Rogers,  Eoss,  Runyan,  Russell,  Ryan, 
Sampson,  Safely,  Sapp,  Serrin,  Sherman,  Shippen,  Smith,  Stiles, 
Stabba,  Thacher,  Thome,  Tisdale,  Thomson,  Tracey,  Travis,  Udell, 
Walden,  Warren,  West,  Wharton,  Wilcox,  Wright  of  Cedar,  Wil- 
liams of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Wil- 
liams of  Wiunesheik,  Woolson,  Young. 

Absent  or  not  voting,  Messers.  Bennett,  Bridges,  Edwards,  God- 
frey, Hunt,  Johnson,  McJunkin,  Stockman. 

those  voting  for  Mr.  Trimble  were  Messrs.  Alcorn,  Ballinger, 
Bahl,  Barker,  Bolter,  Brown  of  Decatur,  Buck,  Comfort,  Fellows, 
Hedges,  HoUman,.  Knoll,  Lowdou,  Martin,  G'lBrien,  Paulk,  Rich- 
ards, Sipple,  Wright  of  Alamakee,  and  Wilson  of  Dubuque. 

James  Uarlan  having  received  a  majority  of  all  votes  cast,  was 
declared  duly  elected  a  Senator  of  the  United  States  for  the  term 
of  six  years  from  and  after  the  Ith  day  of  March,  A.  D.  1867. 

Credentials  of  the  election  were  then  read  and  signed  as  fol- 
lows : 

Re  PRESENT  ATiy£  Haxl,  Des  Moinies,  Iowa,  I 

Januaby  13th,  1866.      f 

This  is  to  certify,  that  at  an  election  by  the  two  Houses  of  the 
9 


66  JODRNAL  OF  THE 

G-eiieral  AsBembly  of  the  State  of  Iowa,  in  joint  convention,  on 
Saturday  the  13th  day  of  January,  A,  D,  1868,  for  the  purpose  of 
electing  a  United  States  Senator  to  fill  the  vacancy  occasioned  by 
the  resignation  of  Hon.  James  Harlan,  Samuel  J.  Kirkwood,  hav- 
ing received  a  majority  of  all  the  votes  cast  for  said  oflBice,  was 
declared  duly  elected  Ilnited  States  Senator  for  the  unexpired  term 
ending  March  8d,  1867,  and  until  his  successor  is  elected  and 
qualified. 

Signed  in  the  presence  of  the  joint  convention,  this  13th  day  of 
January,  A.  D.  1866. 

B.  F.  GUE, 
President  of  the  Senate. 
ED  WRIGHT, 
Speaker  of  the  House  of  Representatives. 
Attest  :  LEWIS  W.  ROSS, 

Teller  of  the  Senate. 
HOYT  SHERMAN, 
Teller  of  the  House  of  Representatives. 

Reprbsbntatives  Hall,  Dbs  Moines,  Iowa,  ) 

Januabt  13th,  1866.      ) 

This  is  to  certify  that  at  an  election  by  the  two  Houses  of  the 
General  Assembly  of  the  State  of  Iowa,  in  joint  convention,  on 
Saturddy,  the  13th  day  of  January,  A.  D.  1866,  for  the  purpose 
ot  electing  a  United  States  Senator,  James  Harlan  having  re- 
ceived a  majority  of  all  the  votes  cast  for  said  office,  was  declared 
duly  elected  United  States  Senator  for  the  term  of  six  years  from 
and  after  March  4th,  1867,  and  uutil  his  successor  is  elected  and 
qualified. 

Signed  in  the  presence  of  the  joint  convention,  this  13th  day  of 
January,  A.  D.,  1866. 

B.  F.  GUE, 
President  of  the  Senate. 
ED  WRIGHT, 
Speaker  of  the  House  of  Representatives. 

LEWIS  W;  ROSS, 

'    Teller  of  the  Senate. 
HOYT  SHERMAN, 
Teller  of  the  House  of  Representatives. 

Mr.  Oliver  moved  that  the  Convention  do  now  rise,  which  mo- 
tion prevailed,  and  the  Convention  dissolved. 

Mr.  Finkbine  moved  that  there  be  a  committee  of  two  appointed 
on  the  parjj  of  the  House  to  confer  with  a  sigpiilar  committee  on 
the  part  of  the  Senate  to  prepare  joint  rules  for  the  government  of 
the  House  and  Senate.  The  motion  prevailed,  and  Messrs. 
Finkbine  and  Barker  were  appointed. 


HOUSE  OF  REPSE8BNTATIVE8.  67 

Mr.  Rogers  introduced  the  following  joint  resolotion,  and  moved 
its  adoption. 

Whereas,  The  Congress  of  the  United  States  did  on  the  tirst  day 
of  February,  one  thousand  eight  hundred  and  sixty-five,  pass  a  res- 
olution, two  thirds  of  both  houses  concurring  therein,  which  is  in 
the  words  following,  to- wit:  ''  A  resolution  submitting  to  the  Leg- 
istnres  of  the  several  States  a  proposition  to  amend  the  Constitution 
of  the  United  States ; 

Resolved  by  the  Setiate  and  House  of  liepreeentativea  of  ike 
United  States  of  AAierica  in  Congress  assemhledj  two-thirds  of  both 
Houses  concurring^  That  the  following  Article  be  proposed  to  the 
Legislatures  of  the  several  States  as  an  amendment  to  the  Consti- 
tution of  the  United  States,  which,  when  ratified  by  three-fourths 
of  said  Legislatures,  shall  be  valid  to  all  intents  and  purposes  as  a 
part  of  said  Constitution,  namely  : 

ABTICLE   Xin.     4 

Section  1.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States  or  any  place  subject 
to  their  jurisdiction.  * 

Sec.  2.  Congress  shall  have  power  to  enforce  this  Article,  by 
appropriate  legislation. 

1.  Be  it  resolved'  by  the  General  Assembly  of  the  State  of  lowa^ 
That  the  said  amendment  to  the  Constitution  of  the  United  States, 
80  proposed  by  Congress,  be  and  the  same  is  hereby  by  this  Gen- 
eral Assembly  ratified,  agreed  to,  and  confirmed. 

2.  Resolved^  That  the  Secretary  of  State  forthwith  transmit  to 
the  Secretary  of  State  of  the  United  States  a  duly  authenticated 
copy  of  these  resolutions. 

On  the  <][ue8tion  of  the  adoption  of  the  resolution,  the  yeas  and 
nays  were  demanded,  and  were  as  follows :  « 

ihe  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Barker,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter, 
Brown  of  Decatur,  Brown  of  Louisa,  Brown  of  Madison,-  Brown 
of  Van  Buren,  Brown  of  Winneshiek,  Buck,  Burnett,  Carbee, 
Clark,  Close,  Comfort,  Conway,  Crawford,  Darwin,  Dashiell, 
DeForest,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders, 
Fry,  Gamble,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Goodrich, 
Graves,  Griffith,  Hale,  Hand,  Holmes,  Holden,  Huggins,  Joy, 
Knapp,  Enox,  Landes,  Leffingwell,  Linderman,  Lowdon,  Martin, 
Maxwell,  Mcpherson,  McNutt,  McCuUough,  McLaughlin,  McKean, 
Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindexter,  Kogers, 
Rohlfs,  Rnnyan,  Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Thacher  Travis,  Tisdale,  Thomson,  Thorn,  Van 
Lenvan,  Walden,  West,  Wilcox,  Wright,  Wilson  of  Dubuque, 


68  JOURNAL  OP  THE 

Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 96. 

Absent  or  not  voting  Messrs.  Stockman  and  Godfrey. 

Mr.  Finkbine  ofiered  the  following  resolution  which  was  adopted : 

Resolved^  That  when  this  House  adjourn,  it  be  until  ten  o'clock 
Monday  morning. 

Mr.  Sherman  offered  the  following  resolution  : 

Resolved^  That  tlie  House  hold  but  one  session  on  each  day,  and 
that  House  Rule  No.  41  be  amended  to  read :  "The  hour  to 
which  the  House  shall  stand  adjourned  from  day  to  day  shall  be 
10  o'clock  A.  M.,  unless  otherwise  ordered." 

The  resolution  was  laid  over  under  the  rule. 

Mr.  McNutt  offered  the  following  concurrent  resolution,  which 
was  read  and  referred  to  the  Committee  on  Constitutional  amend- 
ments : 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  lowa^ 
That  the  article  on  suffrage  in  the  Constitution  be  amended  by  the 
addition  of  the  following  proviso :  Add  to  section  first  of  article 
second^  after  the  words  "  authorized  by  law,"  the  words  following, 
to-wit : 

Provided^  that  no  person  who  left  his  home  or  went  out  of  this 
State,  or  beyond  the  limits  of  the  United  States  for  the  purpose  of 
avoiding  any  enrollment  conscription  or  draft,  and  no  person  who 
served  in,  or  joined  with  any  rebel  or  insurgent  forces  opposed  to 
the  array  or  authority  of  the  United  States,  or  this  State,  shall  ever 
be  permitted  to  vote  at  any  election  held  under  the  laws  of  this 
State. 

This  proposed  amendment  is  hereby  referred  to  the  next  Gene- 
ral Assembly  for  its  approval. 

Mr.  Comfort  offered  the  following  concurrent  resolution,  which 
was  adopted. 

Resolved  by  the  House^  the  Senate  co7icu7Ting^  That  our  Senators 
in  ^Congress  be  instructed  and  our  Representatives  requested  to 
use  their  influence  to  procure  the  establishment  of  a  daily  'mail 
route  from  Boonsboro  in  Boone  County,  via.  Denison  and 
Paradise  in  Crawford  count}'.  Olmsted  and  Whitesboroug  to  St. 
Johns,  in  Harrison  cuunty,  at  the  earliest  period  possible. 

Resolved^  That  the  Secretary  of  State  be  requested  to  forward  a 
copy  of  this  resolution  to  each  of  our  Senators  and  Representatives 
in  Congress. 

The  following  concurrent  resolution  from  the  Senate  was  taken 
up  and  adopted : 

Resolved  by  the  Senate^  tlte  House  concurring^  That  the  joint 
committee  to  investigate  the  condition  of  certain  Swamp  Land 
Indemnity  Warrants,  forwarded  to  the  Executive  office,  be  and 
they  are  hereby  instructed  to  take  the  testimony  in  writing,  and 
report  the  same  to  this  General  Assembly  in  addition  to  finding  of 


HOUSE  OP  REPRESENTATIVES.  69 

the  facts  as  contemplated  by  the  concurrent  resolutions  under 
which  said  committee  was  appointed. 
On  motion  of  Mr.  O'Brien,  the  House  adjourned. 

Hall  of  House  of  Rbpebsbntatives,  Des  Moines,  ) 

January  15,  1866.      j 

House  met  pursuant  to  adjournment.  Speaker  in  the  chair 
Prayer  by  JRev.  Mr.  Geiger. 

Journal  of  Saturday  read  and  approved. 

The  Speaker  appointed  the  following  additional  standing  com- 
mittees. 

The  Speaker  here  announced  the  following  Standing  Commit- 
tees: 

HOUSE   STANDING   COMMITTEES. 

Judiciary — Messrs.  Darwin,  Hale,  Rogers,  Jov,  Sapp,  "Wilson 
of  Dubuque,  Barker,  Belt,  Bereraan,  Travis  and  f)ashiell. 

CanstitxUional  AmendinenU — Messrs.  Hale,  Darwin,  Dashiell, 
Barker,  McKean,  Walden,  and  Wilson  of  Marshall. 

Federal  jRelations — Messrs.  Sapp,  Darwin,  McCullough,  Rogers, 
Wilson    of   Dubuque,   Dashiell,   Travis,    McNutt,    Emerv    and 
'     Walden. 

Wai/8  and  Means — Messrs.  Finkbine,  Wilcox,  Runyan,  Mc- 
Xntt,  Clark,  O'Brien,  Sherman,  Garber,  Holden  and  Brown  of 
Yan  Buren. 

Schools — Messrs.  Rogers,  Burnett,  Tisdale,  Hale,  Fellows,  Gar- 
.    rett,  Barnes,  Clark  and  Wilson  of  Jackson. 

State  University — ^Messrs.  Belt,  Burnet,  .Holden,  Glasgow  and 
Finkbine. 

Claims — Messrs.  Clark,  DeForest,  Brown  of  Louisa,  Wright, 
Comfort,  Crawford,  Graves  and  Gamble. 

County  and  Tovmship  Organization — ^Messrs.  Runyan,  Thorn, 
DeForeat,  Fry,  O'Brien,  Brown  of  Madison,  Garber  and  Close. 

Compensation  of  Public  Officers — Messrs.  Joy,  Barker,  Serrin, 
Thorn,  Safely,  Knox  and  Huggins. 

Banks  and  Banking — Messrs.  Wilcox,  Burnett, .  Williams  of 
Winneshiek,  Goodrich,  Mills,  Lowdon,  Stockman  and  Landes. 

Library — Messrs.  Tisdale,  Ryan,  Hale,  Fellows  and  Travis. 

Expenditures — Messrs.  Knox,  Stockman,  Graves,  Holmes,  Mc- 
Kean, Morgan,  JSfcPherson,  McLaughlin  and  LefGngwell. 

Enrolled  Bills — Messrs.  Tisdale  and  Ryan. 

Engrossed  BUls—MesQTB,  Dwelle  and  Mills. 

Military  Affairs — Messrs.  Glasgow,  Bereman,  Barnes,  Bennett, 
Gray,  Ballinger,  McCullough,  Godfrey  and  West. 

Railroads — Messers.  Sherman,  Belt,  Wilcox,  Sapp,  Wilson  of 
Dubuque,  Poindexter,  Joy,  Holden,  Palmer,  Ballinger,  Safely, 
Serrin,  Liuderraan,  Williams  of  Winneshiek  and  Tracy. 


70  JOURNAL  OF  THB 

Roads  and  Highways — Messrs.  Maxwell,  Brown  of  Winneshiek, 
Dudley,  Buck,  Abbott  and  Hand. 

Charitahle  Institutions — Messrs.  Godfrey,  Bereman,  Runyan, 
Thomson,  Flanders,  Brown  of  Decatur,  Abernethy,  Lowdon,  and 
Poindexter. 

Domestic  Ma/nufaciures  —  Messrs.  Williams  of  Des  Moines, 
O'Brien,  Fry,  Dwelle,  Emery,  Gamble,  and  Sipple. 

Piihlic  Lands — Messrs.  Russell,  Linderman,  Carbee,  Williams 
of  Des  Moines,  Abbott,  Bolter,  and  West. 

Internal  Improvements — ^Messrs.  Ilolden,  Conway,  Landes,  Low- 
don, Knapp,  Boomer,  Bahl,  Rohlfs,  and  Morgan. 

Agricmture — Messrs.  Thomson,  Close,  Maxwell,  Griffith,  Buck, 
Wilson  of  Jackson,  West,  Olmstead,  Russell,  and  Garber. 

Public  Buildings — Messrs.  Close,  Serrin,  Olmstead,  Martin,  Mc- 
Pherson,  Knapp,  Rohlfs,  DeForrest,  and  Sipple. 

Prin^iwy— rMessrs.  McNutt,  Godfrey,  Goodrich,  Emery,  Flan- 
ders, and  Graves. 

New  Counties — Messrs.  Brown  of  Winnesheik,  Gay  lord,  Bolter, 
Hand,  Huggins,  Thacher,  and  Wright. 

Elections — ^Messrs.  Carbee,  Abernethy,  Boomer,  Fellows,  Gary, 
and  Flanders. 

jffwZ<9«--Me88r8.  McCullough,  Russell,  Barker,  Bennett,  Finkbine) 
and  Brown  of  Winnesheik. 

Des  Moines  River  Improvements — Messrs.  Barnes,  Maxwell, 
Brown  of  Van  Bnren,  Dudley,  Martin,  Alcorn,  Van  Leuven,  and 
Hand. 

Incorporations — ^Messrs.  Williams  of  Winnesheik,  Huggins, 
Ryan,  ralmer,  Mills,  Stockman,  Thacher,  Van  Leuven,  and  Brown 
of  Decatur. 

Judicial  Districts— Messrs.  Poindexter,  Goodrich,  Glasgow,  Bahl, 
Griffith,  Thorne,  Browne  of  Louisa,  Crawford,  Comfort,  Knox,  Mc- 
Kean,  and  .Wilson  of  Marshall. 

Congressional  Districts — Messrs.  Bennett,  Abernethy,  Wilson  of 
Jackson,  Bahl,  Walden,  Van  Leuven,  Sherman,  Linderman,  Knapp, 
and  Bolter. 

Police  Regulations — Messrs.  Garrett,  Brown  of  Madison,  Leffing- 
well,  Rohlfs,  Brown  of  Louisa,  and  Alcorn. 

Suppression  of .  Intemperance — Messrs.  Tracy,  Safely,  Dwelle, 
Buck,  Carbee,  Morgan,  and  Palmer. 

Senatorial  and  Representative  Districts — Messrs.  Wilson  of  Mar- 
shall, McLaughlin,  Tracy,  Conway,  Brown  of  Decatur,  Lefflngwell, 
Gaylord,  Holmes,  and  Landes. 

Asylum  for  the  Insane — Ben  net  of  Washington,  Boone,  Sipple, 
Williams  of  Des  Moines,  and  Conway. 

Asylum  for  the  Deaf  and  Dumb — Leffingwell,  Brown  of  Mad- 
ison, McPherson,  Gamble,  and  Garrett. 

Agrundtural  College  and  Farm — ^Russell,  Griffith,  Holmes,  Frj, 
and  Wright. 


HOUSE  OF  HBPtUeBOeNTATlYES.  7X 

Peniientiary — ^Brown  of  Winneshiek,  Abbott,  Martin,  Brown  of 
Van  Bnren,  and  Olmstead. 

Mind  Asylum — Goddrich,  Gary,  Brown  of  Decatur,  Ballinger, 
Crawford. 

PETITIONS. 

Mr.  McNntt  presented  a  petition  from  M.  L.  Miksell  and  other 
citizens  of  Mascatine  county,  asking  for  increase  of  compensation 
to  Goonty  Recorders. 

Bead  and  referred  to  the  Committee  on  Compensation  of  Pub- 
lic OflBcers. 

Mr.  Poindexter  presented  a  similar  petition  from  W.  H.  Tomlin- 
son  and  other  citizens  of  Mitchell  county. 

Beferred  to  the  Committee  on  Compensation  of  Public  0£Bcers. 

Mr.  Bcreman  presented  a  similar  petition  from  Harton  J.  Howard. 

Beferred  to  same  Committee. 

Mr.  Williams  of  Winneshiek,  presented  a  similar  petition  from 
J.  E.  Powers,  Recorder  of  Winneshiek  county. 

Beferred  to  same  Committee. 

Mr.  Glasgow  presented  a  petition  for  the  relief  of  Terry  Fullis. 

Beferred  to  Committee  on  Military  Affairs. 

Mr.  Safely  presented  a  petition  from  the  Board  of  Supervisors 
of  Cedar  county,  with,  reference  to 

1.  Limitation  of  the  rates  of  fare  and  charges  for  freight  upon 
the  several  railroads  operating  within  the  State. 

Referred  to  Committee  on  Railroads. 

2d.    Protection  of  sheep  by  a  tax  on  dogs,  or  otherwise. 

Beferred  to  Committee  on  Agriculture. 

3d.  Encouragement  to  the  growth  of  live  hedges  and  timber  by 
the  payment  of  a  limited  bounty,  or  otherwise. 

Jveferred  to  Committee  on  Agriculture. 

4th.  The  duties  and  liabilities  of  contiguous  owners  ot  land 
pursuing  agriculture  in  common. 

Beferred  to  Committee  on  Agriculture. 

5th.  Encouragement  to  the  introduction  of  manufacturing  cap- 
ital in  the  State,  by  relief  from  taxation  for  a  limited  period,  or 
otherwise. 

Beferred  to  Committee  on  Manufactures. 

Mr.  Burnett  presented  a  petition  from  Henry  O'Connor,  and 
other  citizens  of  Muscatine  county,  asking  for  an  increase  in  the 
fees  of  Justices  of  the  Peace. 

Beferred  to  Committee  on  compensation  of  Public  Officers. 

Mr.  Barnes  presented  a  petition  from  Cyrus  W.  Fisher,  and  other 
citizens  of  Manaska  county,  asking  for  an  increase  in  the  pay  of 
Sheriffs. 

Beferred  to  Committee  on  compensation  of  Public  Officers. 


72  JOURNAL  OP  THE 

Mr.  Graves  presented  the  claim  of  R.  A.  Smith  for  lumber  fur- 
nished to  build  stockades  and  barracks. 

Referred  to  Committee  on  Claims. 

Mr.  Graves  presented  a  similar  claim  from  Robert  E.  Ridly. 

Referred  to  same  Committee. 

Mr.  McLaughlin  presented  a  petition  from  J.  M.  Stuart,  and 
other  citizens  of  Jackson  county,  asking  for  the  repeal  of  the  pro- 
hibitary  liquor  law,  and  the  enactment  of  a  license  law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Wilson  of  Dubuque,  presented  a  similar  petition  from  Henry 
Schroeder,  and  other  citizens  of  Dubuque. 

Referred  to  same  Committee. 

Mr.  Fellows  presented  a  similar  petition  from  citizens  of  Ala- 
makee  county. 

Referred  to  same  Committee. 

Mr.  Grifiith  presented  a  petitioa  from  Wm.  Wilson,  and  others, 
asking  for  the  passage  of  an  actrequiringevery  officer  of  this  State 
to  subscribe  to  an  oath  that  he  will  not  use,  during  the  term  of  his 
office,  any  intoxicating  liquors  as  a  beverage. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Carbee  presented  a  petition  from  J.  S.  Butler,  and  other  citi- 
zens of  Springville,  Linn  county,  Iowa,  asking  for  the  passage  of 
act  compelling  the  vacation  of  certain  alleys  and  streets. 

Referred  to  Committee  on  Roads  and  Highways. 

BEPOBTS  OF  COMMITTEES. 

Mr.  Finkbine  presented  the  following  report  from  the  Commit- 
tee on  Joint  Rules. 

Mr.  Speaker  : — Tour  Committee  appointed  to  confer  with  a 
Senate  Committee  on  the  subject  of  joint  rules,  have  performed  the 
duty  assigned  them  and  instructed  me  to  report,  recommending  the 
adoption  of  the  joint  rules  of  the  10th  General  Assembly. 

FINKBINE,  Chairman. 

The  report  of  Committee  was  concurred  in. 

Mr.  McCuUough  presented  the  following  report  from  the  Com- 
mittee on  Rules.  «        • 

Mr.  Speaker  : — I  am  instructed  by  the  Committee  on  Rules  to 
report  the  following  amendment  to  House  rule  No.  29.  To  insert 
the  word  "in  "  before  the  word  "  divisible  "  in  the  last  line  of  said 
rule. 

MoCULLOUGH,  Chm. 

The  report  was  concurred  in. 

RESOLTJTIONS  LAID  OVER  UNDER  THE  RULE. 

Mr.  Sherman's  resolution  to  change  the  time  of  the  sessions  of 
the  House,  was  taken  up. 


HOUSE  OF  REPRESBNTATIVEB.  73 

Mr.  Safely  moved  to  strike  out  "  10  A.  M,"  and  insert  "  9  A.  M." 
Mr.  Tisdale  moved  to  further  amend  by  striking  out  the  word 
"nine,"  and  insert  in  lieu  thereof^  the  words  "from  one  to  five  P.  M." 
On  motion  of  Mr.  Clark,  the  resolution  was  made  the  special  or- 
der for  Saturday  at  10  o'clock. 

INTEODUOTION  OF  BILLS. 

}Ir.  Barker  introduced  House  File  No.  16,  a  bill  for  an  act 
compelling  witnesses  to  appear  before  Investigating  Committees. 

Read  first  and  second  times,  when  the  rule  was  suspended,  and 
the  bill  read  a  third  time. 

On  the  question  "  shall  the  bill  pass?"  the  yeas  and  nays  were  as 
follows : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Ballinger,  Barnes, 
Barker,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Bu- 
ren,  BrowH  of  Winneshiek,  Buck,  Burnett,  Carbee,  Clark,  Close, 
Comfort,  Conway,  Crawford,  Darwin,  Dashiell,  DeForest,  Dudley, 
Dwelle,  Emery,  Fellows,  Finkbine,  Fry,  Gamble,  Qaylord,  Gary, 
Garrett,  Garber,  Glasgow,  Goodrich,  Graves,  Griffith,  Hale,  Hand, 
Holmes,  Huggins,  Joy,  Knapp,  Knox,  Landes,  Linderman,  Low- 
don,  Martin,  Maxwell,  McPherson,  McNutt,  McCuUough,  Mc- 
Laughlin, McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  Falmer, 
Poindexter,  Rogers,  Rohlfs,  Bunyan,  Russell,  Ryan,  Sapp,  Safely, 
Serrin,  Sherman,  Sipple,  Tracy,  Thachdl,  Travis,  Tisdale,  Thom- 
son, Thorn,  Van  Leuven,  Walden,  West,  Wilcox,  Wright,  Wilson 
of  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wil- 
son of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 92. 

Absent  and  not  voting,  Messrs.  Abbott,  Flanders,  Godfrey,  Hol- 
den,  Leffingwell  «nd  Stockman — 6. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Rogers  introduced  House  File  No.  17,  a  bill  for  an  act  to 
amend  subdivision  2  of  Section  710  of  the  Revision  of  1860. 

Read  first  and  second  time  and  referred  to  Committee  on  Ways 
and  Means. 

Mr.  Landes  introduced  House  File  No.  18,  a  bill  for  an  act  to 
exempt  soldiers  from  military  duty  under  State  laws. 

Read  first  and  second  time  and  referred  to  Committee  on 
Judiciary. 

Mr.  Clark  introduced  House  File  No.  19,  a  bill  for  an  act  fixing 
times  of  holding  court  in  the  8th  Judicial  District. 

Read  first  and  second  time  and  referred  to  a  committee  of  mem- 
bers from  that  District — ^Mr.  Runyan,  Chairman. 

Mr.  Rogers  introduced  House  File  No.  20,  a  bill  for  an  act  to 
amend  the  law  in  reference  to  the  execution  of  judgments  for  the 
foreclosure  of  mortgages. 


74  JOUHNAIi  OF  THE 

Bead  first  and  second  time,  and  referred  to  Committee  on  Jadi- 
ciary. 

Mr.  Wilson  of  Jackson  introduced  House  File  No.  21,  a  bill  for 
an  act  to  amend  Sec.  710  of  the  Bevision  of  1860  in  relation  to 
Bridge  tax. 

Bead  first  and  second  time  and  referred  to  Committee  on  Ways 
and -Means. 

Mr.  Knox  introduced  House  File  No.  22,  a  bill  for  an  act  enti- 
tled an  act  to  provide  for  the  loan  of  the  permanent  School  Fund, 
fixing  the  rate  of  interest  thereon  and  limiting  the  price  at  which 
School  land  may  be  sold,  and  for  other  purposes,  passed  by  the 
10th  General  Assembly. 

Bead  first  and  second  time  and  referred  to  Committee  on 
Schools.  * 

Mr.  Brown  of  Winneshiek  introduced  House  File  No.  23,  a  bill 
for  an  act  to  amend  Section  4318  of  the  Bevision  of  1860  relating 
•      to  malicious  mischief  and  trespass  on  property.     » 

Bead  first  and  second  time  and  refCTred  to  Committee  on  Ju- 
diciary. 

Mr.  Gaylord  introduced  House  File  No.  21,  a  bill  for  an  act  for 
the  more  general  advertisement  of  estrays. 

Bead  first  and  second  time  and  referred  to  Committee  of  A&cri- 
(jnltnre.  * 

,  Mr.  Joy  introduced  House  File  No.  25,  a  bill  for  An  act  to  legal- 

ize the  official  acts  of  Samuel  T.  Dennis. 

Bead  first  and  second  |^me  and  referred  to  Committee  on  Ja-    - 
diciary. 

Mr.  Poindexter  introduced  House  File  No.  26,  a  bill  for  an  act 
to  amend  section  800  of  the  revision  of  1860. 

Bead  a  first  and  second  time  and  referred  to  Committee  on  Ways 
and  Means. 

BESOLUTIONS. 

Mr.  Hale  introduced  the  following  resolution  and  moved  its 
adoption : 

Jxesolved^  That  a  committee  of  three  be  appointed  to  visit  the 
Penitentiary  of  the  State  of  Iowa,  and  that  they  are  hereby  in- 
structed to  make  a  report  to  this  House  at  the  earliest  day  .  practi- 
.  cable,  of  the  the  copdition  of  the  same,  in  what  manner  the  last 
appropriation  has  been  expended,  and  how  the  same  generally  has 
been  managed  since  the  last  session  of  the  General  Assembly. 

Mr.  Serrin  offered  the  foUowiug  amendment : 

Hesolved  by  the  House  of  Representatives^  the  Senate  ooncurrinffj 
That  a  Joint  Committee  consisting  of  three  from  the  House  and 
two  from  the  Senate,  be  appointed  to  visit  the  State  Penitentiary, 
and  examine  into  its  condition  and  necessities,  and  report  the  same 
to  this  General  Assembly. 


HOUSE  OF  RSPRBBBNTATIVES.  75 

Mr.  Bennett  offered  the  following  amendment : 

Reidvedby  the  House  of  H&preaentatives^  the  Senate  concurring^ 
That  a  Joint  Committee  composed  of  two  on  the  part  of  the  House 
and  oDe  on  the  part  of  the  Senate  be  at  once  appointed  to  visit  the 
Penitentiarj  of  this  State,  at  as  early  a  day  as  may  be  practicable, 
will)  instmctions  to  examine  and  report  to  this  General  Assembly : 
1.  The  sanitary  condition,  police  regulations,  and  discipline  of  the 
prison  and  what  privileges  of  a  religions  and  literary  character,  are 
afforded  the  convicts.  2.  The  books,  accounts,  receipts,  vouchers, 
and  all  papers  pertaining  to  the  financial  management  of  the  prison, 
in  the  hands  of,  or  under  the  control  of,  the  Warden,  or  his  assis- 
tant. 3.  What  farther  improvements,  if  any,  are  necessary  to  the 
safe  and  humane  custody  of  the  convicts,  the  character,  extent,  and 
probable  cost  of  such  improvements ;  and  such  other  matters  as  may 
pertain  to  the  pnblic  interest  in  the  Penitentiary. 

The  amendment  to  the  amendment  was  adopted. 

The  amendment  as  amended  was  also  adopted. 

The  resolution  as  amended  was  adopted. 

Mr.  Clark  offered  the  following  resolution,  which  was  laid  over 
under  the  rule : 

Ii€9olvedy  That  the  Attorney  General  be  requested  to  commuai- 
cate  to  this  House,  at  as  early  a  day  as  practicable,  his  opinion 
whether  or  not  the  General  Assembly  have  power  to  restrict  and 
rebate  the  tariff  of  prices  for  passage  and  freights  over  the  several 
Sailroads  in  this  State,  and  also  the  tariff  rates  of  Express  Com- 
panies. 

ilr.  Maxwell  offered  the  following  concurrent  resolution,  which 
^nffi  read  and  referred  to  the  Committee  of  Ways  and  Means : 

Rrnlved  hy  the  HoiLse  of  HepresentativeSy  the  Senate  concurring^ 
That  the  Auditor  of  State  be,  and  he  is  hereby  authorized  ana 
directed  to  credit  the  county  of  Story  with  the  sum  of  four  hun- 
dred and  forty-two  61-100  (442.64)  dollars,  (of  which  $266.15  are 
State  funds,  and  $176.49  are  interest  of  school  funds,)  on  satisfac- 
torj  evidence  that  said  amounts  are  the  pro  rata  losses  of  said  funds 
i>7  the  burning  of  the  Court  House  of  said  county,  on  the  night  of 
of  December  31,  1863. 

The  following  message  was  received  from  the  Senate : 

Mr.  Spbaxeb  : — I  am  directed  to  inform  your  honorable  body- 
that  the  Senate  has  appointed  Senators  Clarkson,  Hedges,  and 
^oolson  as  a  committee  on  joint  rules  of  the  two  Houses,  to  act 
with  a  similar  committee  on  the  part  of  the  House.. 

J.  W.  DIXON,  Secretary. 

Hr.  Bereman  offered  the  following  resolution  which  was  adopted : 

Whkbeas,  The  improvement  of  tne  Mississippi  Kapids  is  a  work 
of  paramount  importance  to  the  interests  of  the  State  of  Iowa ;  and 

W HKBEAS,  A  Ship-Canal,  from  some  point  on  the  Mississippi 
river  to  the  Dlinois  river,  and  thence  to  Lake  Michigan,  is  essen- 
tially necessary  to  the  welfarp  of  our  State ;  therefore. 


76  JOURNAL  OP  THE 

Be  it  resolved  hy  the  Oeneral  Assembly  of  the  State  of  lowa^ 
That  our  Senators  and  Representatives  in  Congress  be  requested  to 
use  all  honorable  and  available  means  of  securing  the  passage  of 
an  Act  by  Congress  for  the  accomplishment  of  the  objects  above 
named,  and  at  as  early  a  day  as  practicable. 

Resolved^  That  the  Secretary  of  State  be  instructed  to  forward  a 
copy  of  this  resolution  to  each  of  our  Senators  and  Representatives 
in  Congress. 

On  motion  of  Mr.  Travis,  the  resolution  was  referred  to  the  Com- 
mittee on  Federal  Relations. 

Mr.  Sherman  offered  the  following  resolution,  and  moved  its 
adoption : 

Itesolved^  That  there  be  printed  for  the  use  of  this  House  the 
same  number  of  copies  of  the  Inauguial  Message  that  have  been 
ordered  of  the  Biennial  Message,  in  the  same  languages,  and  with 
like  compensation  for  translations. 

The  resolution  was  adopted,  "^y 

Mr.  Thomson  offered  the  following  resolution,  which  was  laid 
over  under  the  rule  : 

Resolved^  That  His  Excellency  Wm.  M.  Stone,  Governor  of  this 
State,  be  requested  to  furnish  to  this  House  such  information  as 
may  be  in  his  possession  or  may  he  obtained  from  documents  in  his 
oflBce,  the  number  of  men  credited  to  the  State  of  Iowa,  (under  the 
one  year  system  of  credits)  at  the  time  the  draft  was  ordered, 
during  the  summer  of  1864 ;  and  also  what  the  quota  of  our  State 
was  (inclusive  of  all  calls)  at  the  time  the  draft  above  referred  to 
was  ordered. 

Mr.  Safely  offered  the  following  resolution,  and  moved  its 
adoption : 

JResolvedj  That  the  Secretary  of  State  be,  and  he  hereby  is, 
authorized  to  have  printed  and  distributed,  twenty  copies  of 
Governor  Stone's  Inaugural  Address  to  each  Company  of  Iowa 
Soldiers  now  in  the  service  of  the  United  Stated. 

Mr.  Van  Leuven  moved  to   amend   by   striking  out  the  word    , 
"  twenty  •"  and  inserting  in  lieu  thereof,  the  word  "  forty,"  and  the 
resolution  was  adopted. 

Mr.  Rogers  offered  the  following  resolution,  which  was  adopted : 

Whereas,  By  reason  of  the  late  period  of  the  year  to  which, 
nnder  the  present  law,  the  collection  of  the  annual  State  and 
Couuty  taxes  is  postponed,  combined  with  the  fact  that  personal 
property  is  required  to  be  listed  and  assessed  for  taxation  in  the 
name  of  the  owner  thereof  on  the  first  day  of  January,  a  large 
amonnt  of  the  taxes  levied  on  such  property  is  annually  lost  to  the 
'State  and  the  several  counties  thereof  by  the  removal  or  disap- 
pearance of  the  property  so  taxed  and  the  consequent  impossibility 
of  collecting  the  tax,  thus  producing  a  deficiency  which  has  to  be 
paid  up  by  increased  taxes  on  other  property,  especially  real  estate, 

ResoVoed^  That  it  be  referred  to  the  committee  on  Ways  and 


HOUSE  OP  RBPRB8BNTATIVES.  77 

^eana,  to  consider  the  practicability  and  expediency  of  providing 
for  (he  levy  and  collection  of  the  anunal  taxes,  earlier  in  the  year, 
with  power  to  report  by  bill  or  otherwise. 
Mr.  Travis  offored  the  following  joint  resolution  : 
Wherkas,  Measures  are  pendingin  Congress  whereby  it  is  pro- 
posed that  the  Constitution  of  the  United  States  be  so  amended  as 
to  change  the  basis  of  representation ;  therefore. 

IsL  Jie  it  resolved  by  the  General  AsseTrMy  of  the  State  of  lowok^ 
That  our  Senators  in  Congress  be  instructed,  and  our  Represen- 
tatives requested  to  use  their  influence  to  have  the  initiatory  meas- 
ures adopted  by  Congress  whereby  the  Constitution  of  the  United 
States  shall  be  so  amended  as  to  change  the  present  btsis  of  repre- 
sentation ;  and  that  no  State  shall  be  represented  for  any  persons 
within  its  borders,  who,  by  the  Constitution  or  laws  of  said  State, 
are  excluded  from  the  the  elective  franchise  on  account  of  race  or 
color. 

2d.  Besolvedy  Tiiat  a  copy  of  these  resolutions  be  forwarded 
by  the  Secretary  of  State  to  each  of  our  Senators  and  Representa- 
tives in  Congress. 

The  resolution  was  read  and  referred  to  thet  Committee  on  Fede- 
ral Relations. 

Mr.  Tracy  introduced  the  following  resolution,  which  was 
adopted : 

Resolved^  That  the  Committee  on  Judiciary  be  instructed  to  en- 
quire  into  the  expediency  of  increasing  the  compensation  of  wit- 
nesses and  jurors  in  civil  and  criminal  actions. 
Mr.  Tracy  offered  the  following  resolution,  which  was  adopted: 
Resolved^  That  the  committee  on  compensation  of  public  oflicers, 
be  instructed  to  enquire  into  the  expediency  of  increasing  the  com- 
pensation of  all  township  oflScers,  including  school  district  officers. 
Mr.   McKeau    offered    the    following    resolution,    which    was 
adopted  : 

Resolved^  That  all  the  public  documents  published  by  this 
House  be  placed  in  the  hands  of  the  Secretary  of  State  by  the 
State  Printer  or  Binder,  and  that  he  retain  in  his  own  hands  300 
copies^of  each,  published  in  the  English  language,  and  shall  furnish 
to  each  of  the  members  of  this  House,  one  bound  copy  thereof  at 
the  eud  of  the  session  ;  that  he  shall  place  twenty  bound  copies  in 
the  State  Library  ;  and  shall  retain  the  balance  of  said  300  in  his 
hands  ft»r  future  use;  and  the  balance  ot  such  documents  to  be 
distributed  equally  among  the  members  of  this  House. 
Mr.  Darwin  offered  the  following  resolution,  which  was  adopted  : 
Resolved,  That  the  Committee  on  Judiciary  be  increased  by  the 
addition  of  another  member. 

Mr.  Flanders  offered  the  following  joint  resolution  and  moved 
its  adoption  : 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  lowa^  That 
the  State  of  Iowa,  by  its  Legislature,  hereby  respectfully  requests 


78  JOURNAL  OP  THB 

His  Excellency,  Andrew  Johnson,  President  of  the  United  States, 
to  use  his  influence,  as  the  Executive  of  the  United  States,  to  have 
Jefferson  Davis,  late  President  of  the  late  so-called  Confederate 
States,  and  Bobert  £.  Lee,  late  commander  of  the  late  Confederate 
army,  ivied  for  treason^  according  to  the  laws  of  the  United  States, 
and  if  found  guilty,  punished^  as  said  laws  direct. 

Eesolved^  That  the  Secretary  of  State  be  requested  to  forward 
a  copy  of  these  resolutions  to  the  President  of  the  United  States 
and  to  each  of  our  Senators  and  Representatives  in  Congress. 

Mr.  Rogers  moved  to  refer  the  resolution  to  the  Committee  on 
Federal  Relations.    The  motion  prevailed,  and  it  was  so  referred. 

Mr.  Rogeft  offered  the  following  resolution,  which  was  adopted : 

1.  Resolved^  That  so  much  of  the  Governor's  message  as  re- 
lates to  finance  and  revenue  be  referred  to  the  Committee  of  Ways 
and  Means. 

2.  That  so  much  of  said  message  as  relates  to  schools  be  referred 
to  the  Committee  on  Schools. 

8.    That  so  much  of  said  message  as  relates  to  the  State  Univer- 
sity be  referred  to  the  Committee  on  the  State  University. 
.    4.    That  so  much  of  said  message  as  relates  to  the  permanent 
school  fund  be  referred  to  the  Committee  of  Way^  and  Means. 

5.  That  so  much  of  said  message  as  relates  to  the  Agricultural 
Colletje  be  referred  to  the  Committee  on  the  Agricultural  College 
and  Farm. 

6.  That  so  much  of  said  message  as  relates  to  the  State  Histor-^ 
ical  Society  be  referred  to  the  Committee  on  the  State  University. 

7.  That  so  much  of  said  message  as  refers  to  the  Insane,  Blind 
and  Deaf  and  Dumb  Asylums  respectively  bo  referred  to  the  re- 
spective Committees  on  these  institutions. 

8.  That  so  much  of  said  message  as  relates  to  the  State  Peni- 
tentiary be  referred  to  the  Committee  on  the  State  Penitentiary. 

9.  That  so  much  of  said  message  as  relates  to  land  grants  be 
referred  to  the  Committee  on  Public  Lands. 

10.  That  so  much  of  said  message  as  relates  to  judicial  salaries  , 
be  referred  to  the  Committee  on  the  Judiciary,  with  instructions  to 
inquire  and  report  what  is  the  present  state  of  the  law  on  that  sub- 
ject, and  the  Constitutional  power  of  the  General  Assembly  in  ref- 
erence thereto,  with  a  bill  for  such  act  as  they  may  recommend,  if 
any. 

11.  That  so  much  of  said  message  as  relates  to  railroads  be  re- 
ferred to  the  Committee  on  Railroaas. 

12.  That  so  much  of  said  message  as  relates  to  the  subjects  of 
the  military,  an  arsenal  and  the  militia  be  referred  to  the  Commit- 
tee on  Military  Affairs. 

Mr.  Rogers  also  introduced  the  following  concurrent  resolution, 
which  was  adopted : 

Hesolvedy  if  the  Senate  shall  corunir^  That  a  Joint  Committee  to 
consist  of  two  on  tiie  part  of  the  Senate,  and  three  on  the  part  of 


HOUSB  07  REPSSSEIfrrATiyES.  79 

the  House,  shall  be  appointed,  to  whom  so  much  of  the  Governor's 
Message  as  relates  to  claims  against  the  United  States  shall  be,  and 
the  same  is  hereby  referred,  with  instructions  to  investigate  the 
subject  and  report  a  definite  and  practicable  plan  for  securing  a 
settlement  of  said  claims  with  the  united  States. 

Mr.  Frj  offered  the  following  resolution,  and  moved  its  adop- 
tion : 

Resol/oedj  That  the  Secretarv  of  State  be  required  Vj  furnish 
each  member  of  die  House  with  a  copy  of  the  Revision  of  1860 ; 
also,  a  copy  of  the  laws  of  Iowa  since  tne  Revision  of  1860 ;  together 
with  a  copy  of  the  House  Journal  of  the  10th  General  Assembly. 

On  motion  of  Mr.  Rogers  the  House  adjourned  until  2  o'clock. 


2  o'clock  p.  m. 

Mr.  McNutt  introduced  the  following  resolution  : 

Re9olved^  That  a  Committee  of  three  be  appointed  to  ascertain 

the  amount  of  mileage  due  each  member  of  this  House. 
The  resolution  was  adopted,  and  Messrs.  McNutt,  Sherman  and 

Sipple  were  appointed  as  such  Committee. 

MESSAGES  ON  THE  SPEAKSB's  TABLE. 

The  Speaker  presented  the  annual  report  of  the  State  Librarian. 

Mr.  Ilale  moved  that  the  report  lie  upon  the  table  and  be 
printed. 

The  motion  prevailed. 

The  concurrent  resolution  of  Senate  relative  to  the  payment  of 
the  37th  Regiment,  was  taked  up  and  on  motion  of  Mr.  Russell 
referred  to  the  Committee  on  Military  AfiSsiirs. 

Mr.  Rogers  moved  that  the  House  do  now  adjourn. 

The  motion  to  adjourn  did  not  prevail. 

X7NFINISHSD   BUSimCSS. 

Mr.  Rogers  moved  that  the  motion  of  Mr.  Barker  to  reconsider 
the  vote  by  which  the  House  passed  a  resolution  relative  to  the 
trial  and  punishment  of  Jefferson  Davis,  which  was  postponed  on 
Saturday,  be  now  taken  up.    Carried. 

Upon  the  motion  to  reconsider,  Mr.  Barker  demanded  the  yeas 
and  nays,  which  were  obtained,  and  were  as  follows : 

The  yeas  were  Messrs.  Ballinger,  Barker,  Bahl,  Bolter,  Buck, 
O'Brien,  Sipple,  Wright,  Wilson  of  Dubuque — 9. 

The  nays  were— ^Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes, 
Belt,  Bereman,  Bennett,  Boomer,  Brown  of  Louisa,  Brown  of  Mad- 
ison, Brown  of  Van  Buren,  Brown  of  Winnesheik,  Burnett,  Car- 


80  JOURNAL  OF  THE 

bee,  Clark,  Close,  Comfort,  Crawford,  Darwin,  Dashiell,  DeForreet, 
Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gam- 
ble, Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Goodrich,  Graves, 
Griflich,  Hale,  Hand,  Holmes,  Hug^ins,  Joy,  Knapp,  Knox,  Lande8, 
Leffingwell,  Lindernian,  Martin,  Maxwell,  McPherson,  McNutt,' 
MeCuUough,  McLaughlin,  McKean,  Mills,  Morgan,  Olmstead, 
Palmer,  Poindexter,  Kogers,  Riinyan,  Russell,  Ryan,  Sapp,  Safely, 
Serrin,  Sherman,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson, 
Thorne,  Van  Leuven,  Walden,  West,  Wilcox,  Williams  of  Des 
Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of  Win- 
nesheik,  and  Mr.  Speaker— 82. 

Absent  or  not  voting,  Messrs.  Brown  of  Decatur,  Conway,  God- 
frey, Holden,  Lowdon,  Rohlfs,  and  Stockman — 7. 

The  motion  to  reconsider  was  lost. 

Mr.  Landes  moved  that  the  House  do  now  adjourn. 

The  motion  to  adjourn  was  lost. 

The  following  message  was  received  from  the  Senate,  and  taken 
up  for  consideration : 

Mb.  Speaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  adopted  the  following  resolution,  in  which  the 
concurrence  of  the  House  is  asked : 

Remlved^  if  the  House  concur^  That  there  be  printed  500  copies 
of  the  rules  adopted  by  the  two  Houses,  including  the  joint  rules, 
the  standing  committees,  and  the  usual  statistics  of  the  members 
and  officers  of  both  Houses ;  that  two  copies  be  delivered  to  each  ^ 
member  and  officer,  and  the  remaining  numbers  be  retained  by  the 
Secretary  of  State  for  subsequent  use,  and  the  use  of  the  next  Gen- 
eral Assembly. 

J.  W.  DIXON,  Secretary. 

Mr.  McNutt  moved  that  "  500  "  be  stricken  out  of  the  concur- 
rent resolution  of  the  Senate  relative  to  the  printing  of  the  rules, 
and  that  "  1000  "  be  inserted  in  lieu  thereof. 

The  motion  prevailed. 

Mr.  McNutt  moved  that  the  resolution  bo  farther  amended  by 
striking  out  '^  two"  and  inserting  in  lieu  thereof  the  word  "  five." 

Mr.  Finkbine  moved  an  amendment  to  the  amendment  to  strike 
out  the  word  "five"  and  insert  ''three." 

The  amendment  to  the  amendment  was  lost. 

The  amendment  was  adopted. 

The  resolution  as  amended  was  adopted. 

Mr.  Dudley  introduced  the  following  resolution  : 

Hesol/ved  by  the  House  of  Hepresentatives  of  t/ie  State  of  JowUj 
That  the  members  return  to  the  Secretary  tlie  pens  furnished  said 
members,  and  ask  to  be  furnished  with  steel  pens. 

Mr.  Hand  moved  to  amend  the  resoluticfri  by  striking  out  "  steel 
pens"  and  inserting  in  lien  thereof,  "good  gold  pens." 

Mr.  Rogecs  moved  that  the  whole  subject  be  laid  on  the  table. 
Lost. 


HOUSE  OP  REPRESENTATIVES.  81 

The  motion  to  amend  was  adopted. 

The  resolution  as  amended  was  adopted. 

Mr.  Clark  snbmitted  a  claim  of  Fuller,  "Warren  &  Co.,  for  com- 
pensation for  heating  apparatus  for  the  Capitol  building,  which 
was  received  and  referred  to  the  Committee  on  Claims. 

On  motion  of  Mr.  Kunyan,  the  House  adjourned. 


Hall  of  the  Housb  of  Representatives,  ) 
Des  Moines,  January  16,  1866.       J 

House  met   pursuant  to  adjournment. 
Speaker  in   the  chair. 
Prayer  Ly  Rev.  E.  II.  Winans. 
Journal  of  yesterday  read  and  approved. 

The  Speaker  "appointed  Mr.  Bennett  on  the  Judiciary  Commilr 
tee,  in  pursnance  of  the  resolution  adopted  yesterday. 

PETITIONS. 

Mr.  Wilcox  presented  a  petition  from  J.  G.  Freeman  and  other 
citizens  of  Bucnanan  county,  asking  for  the  repeal  of  the  prohib- 
itory liquor  law,  and  the  enactment  of  a  license  law. 

Referred  to  the  Committee  on  suppression  of  Intemperance. 

Mr.  Finkbiae  presented  a  petition  from  T.  G.  Sperry,  and  other 
citizens  of  Johnson  county,  asking  for  increased  compensation  to 
Connty  Recorders. 

Referred  to  Committee  on  compensation  of  Public  Officers, 

Mr.  Boomer  presented  a  similar  petition  from  O.  E.  Taylor,  and 
other  citizens  of  Delaware  county. 

Referred  to  same  Committee. 

Mr.  Boomer  presented  two  petitions  from  L.  A.  Nelson,  and 
others  asking  for  the  passage  of  an  act  requiring  Recorders  of 
counties  to  keep  the  records  of  conveyances  of  town  lots  separate 
from  those  of  other  real  estate. 

Referred  to  Committee  on  Judiciary. 

REPOBTS  OF   OOMMITTEKS. 

The  Committee  on  "Ways  and  Means  presented  the  following  re- 
port: 

The  Committee  on  Ways  and  Means  have  had  under  considera- 
tion House  File  No.  25,  A  bill  for  an  act  to  amend  Section  800,  of 
the  Revision  of  1860,  and  have  instructed  me  to  report  the  same  to 
this  House,  recommending  its  passage. 

FINKBINE,  Chairman. 
11 


82  JOURNAL  OF  THE 

The  Committee  on  County  and  Township  Organization  presented 
the  following  report : 

Yonr  Committee  on  County  and  Township  Organization  report 
back  Honse  File  No.  4,  recommending  its  passage. 

A.  EUNYAN,  Chairman. 

The  Committee  on  Judiciary  presented  the  following  reports : 

The  Committee  on  the  Judiciary  to  whom  was  referred  House 
File  No.  17,  A  bill  for  an  act  exempting  soldiers  from  military 
duty  under  State  laws,  have  had  the  same  under  consideration,  and 
they  have  instructed  me  to  report  the  same  back  to  the  House  with 
the  request  that  it  be  referred  to  the  Committee  on  Military  Af- 
fairs. 

WM.  HALE,  Chairman. 

The  report  of  the  Committee  was  concurred  in  and  the  bill  so 
referred. 

The  Committee  on  the  Judiciary  to  whom  was  referred  House 
File  No.  22,  A  bill  for  ah  act  to  amend  Section  4318,  of  the  Revis- 
ion of  1860,  relating  to  malicious  trespass  on  property,  have  the 
same  under  consideration,  and  they  have  instructed  me  to  report 
the  bill  back  to  this  House  with  the  recommendation  that  it  do  not 
pass,  as  the  change  contemplated  by  said  bill  relates  to  the  penalty 
only,  which  your  Committee  believe  is  great  enough  as  the  law 
now  stands. 

WM.  HALE,  Chairman. 

The  Committee  on  the  Judiciary  to  whom  was  referred  the  peti- 
tion of  the  citizens  of  Orcutt  Township,  Grundy  County,  two  of* 
whom  pray  for  the  enactment  of  a  law  whereby  stock  shall  be 
restrained  from  running  at  large,  and  twenty-six  of  whom  oppose 
the  passage  of  such  a  law,  have  had  the  same  under  consideration 
and  they  Lave  instructed  me  to  report  the  same  back  to  the  House, 
with  a  recommendation  that  it  be  referred  to  the  ^'  Committee  on 
Affriculture."  WM.  HALE,  Chairman. 

The  report  of  the  Committee  was  concurred  in  and  the  bill 
so  referred. 

Mr.  McNutt  presented  the  following  report  from  the  Committee 
on  mileage : 

Your  committee  to  whom  was  assigned  the  duty  of  ascertaining 
the  amount  of  mileage  due  to  each  Member  of  this  Honse,  re- 
spectfully report  that  they  have  performed  that  duty,  and  that 
there  is  due  to  the  Members  of  this  House  the  amount  set  appo- 
site their  names  in  the  accompanying  list. 

Tour  Committee  recommend  that  the  Clerk  of  the  House  be 
directed  to  read  the  names  of  Members,  and  namber  of  miles  and 
the  amount  of  mileage  allowed  by  vour  Committee,  and  that  each 
member  as  his  name  is  called  shall  arise  in  his  place  and  state 
whether  the  amount  is  correct  and  just,  and  if  not,  to  make  such 
correction  as  shall  be  just. 

Tour  Committee  find  that  it  has  been  customary  to  allow  the 


HOUSE  OF  REPRETSENATIYES.  83 

Chief  Clerk  the  same  mileage  as  is  allowed  to  Members,  and  there- 
fore recommend  that  Chas.  Aldrich  be  allowed  mileage  for  one 
hundred  miles  each  way. 

SAMUEL  McNUTT,  Chm, 
HOTT  SHERMAN, 
W.  C.  SIPPLE. 

Webster  Ballinger,  Lee  county,  380  miles $57.00 

P.  M.  Louden,  Lee  county,  400  miles 60.00 

W.  C.  Buck,  Lee  county,  390  miles 60.00 

Joel  Brown,  Yan  Buren  county,  280  miles 42.00 

Jonathan  Thatcher,  280  miles : 42.00 

J.  Garrett,  Davis  county,  280  miles , 42.00 

fl.  C.  Travis,  Davis  county,  282  miles 45.00 

Madison  W.  Walden,  Appanoose  county,  300  miles 45.00 

Samuel  L.  Glasgow,  Wayne  county,  350  miles 54.00 

Thomas  H.  Brown,  Decatur  county,  300  miles  45.00 

Charles  Ben  Darwin,  Des  Moines  county,  350  miles 54.00 

Samnel  A.  Flanders,  Des  Moines  county,  350  miles 54.00 

J.  Wilson  Williams,  Des  Moines  county,  370  miles 57.00 

John  P.  West,  Henry  county,  308  miles 48.00 

Thos.  A.  Bereman,  Henry  county,  300  miles 45.00 

J.  T.  McCuUough,  Jefferson  county,  280  miles 42.00 

Geo.  C.  Fry,  Jefferson  county,  250  miles ...  89.00 

Chas.  Dudley,  Wapello  county,  200  miles 30.00 

Peter  Knox,  Wapello  county,  184  miles 30.00 

-     H.  L.  Dashiel,  Monroe  county,  190  miles 30.00 

A.  B-  Conway,  Lucas  county,  180  miles 27-00 

J.  F.  Landes,  Clarke  county,  330  miles 51.00 

Chas.  Linderman,  Page  county,  500  miles 75.00 

W.  O.  Sipple,  Fremont  county,  475  miles 72.00 

Waiiam  Hale,  Mills  county,  420  miles. . .  •  • 63.00 

N.  T.  Brown,  Louisa  county,  384  miles 60.00 

G.  G.  Bennett,  Washington  county,  430  miles 66.00 

BL  M.  Holden,  Washington  county,  430  miles 66:00 

T.  A.  Morgan,  Keokuk  county,  220  miles 33.00 

D.  A.  Stockman,  Keokuk  county,  220  miles 33.00 

T.  N.  Barnes,  Mahaska  county,  160  miles , 24.00 

S.  G.  Gary,  Mahaska  county,  120  miles 18.00 

B,  F.  Yan  Leuven,  Marion  "county,  120  miles 18.00 

James  D.  Gamble,  Marion  county,  90  miles 15.00 

Geo.  E.  Griffith,  Warren  county,  40  miles 6.00 

J.  M.  Brown,  Madison  county,  94  miles 15.00 

Wm.  F.  Sapp,  Pottawattamie  county,  380  miles 52.00 

Samuel  McNutt,  Muscatine  county,  340  miles 51.00 

R.  M.  Burnett,  Muscatine  county,  340  miles 51.00 

Robt.  S.  Finkbine,  Johnson  county,  250  miles 39.00 

G.  E.  De  Forest,  Johnson  county,  206  miles 42.10 

John  R.  Serrin,  Iowa  county,  194  miles 30.00 


84  JOURNAL  OP  THE 

David  H.  Emery,  Poweshiek  county,  160  miles 29.00 

David  Ryan,  Jasper  county,  64  miles 9.90 

Hoyt  Sherman.  Polk  county,  00  miles 

G.  L.  Godfrey,  Polk  county,  00  miles 

W.  S.  M.  Abbott,  Pallas  county,  50  miles 9.00 

H.  M.  Thomson,  Scott  county,  408  miles 63.00 

M.  J.  Rohlfs,  Scott  county,  396  miles 60.00 

J.  N.  Rogers,  Scott  county,  380  miles 57.00 

B.  R.  Palmer,  Clinton  county,  420  miles 63.00 

G.  W.  Thorn,  Clinton  county,  420  miles 63.00 

Ed  Wright,  Cedar  county,  340  miles 51.00 

J.  G.  Safely,  Cedar  county,  340  miles 51 .00 

John  Wilson,  Jackson  county,  480  miles 72.00 

Alva  McLaughlin,  Jackson  county,  500  miles 75.00 

John  Russell,  Jones  county,  360  miles 54.00 

John  McKean,  Jones  county,  320  miles 48.00 

John  B.  Carbee,  Linn  county,  425  miles 66.00 

A.  S.  Belt,  Linn  county,  280  miles 42.00 

Alex.  Runyan,  Benton  county,  300  miles 45.00 

Leander  Clark,  Tama  county,  170  miles 27.00 

Thos.  J.  Wilson,  Marshall  county,  150  miles 24.00 

W.  T.  Barker,  Dubuque  county,  600  miles ^ 90.00 

T.  S.  Wilson,  Dubuque  county,  600  miles 90.00 

D.  O'Brien,  Dubuque  county,  636  miles 96.00 

Andrew  Bahl,  Dubuque  county,  618  miles 93.00 

Albert  Boomer,  Delaware  county,  424  miles 66.00 

P.  C.  Wilcox,  Buchanan  county,  480  miles 72.00 

Cicero  Close,  Blackhawk  county,  580  miles 84.00 

Thos.  B.  Knapp,  Hardin  county,  250  miles 39.00 

P.  P.  Olmstead,  Clayton  county,  770  miles 117.00 

D.  Leffingwell,  Clayton  county,  770  miles 117.00 

John  Garbcr,  Clayton  county,  750  miles 114.00 

A.  Abernethy,  Favette  county,  775  miles 117.00 

D.  G.  Goodrich,  Fayette  county,  775  miles 117.00 

Allen  E.  Holmes,  Bremer  county,  580  miles 87.00 

G.  J.  Tisdale,  Chickasaw  county,  680  miles 102.00 

P.  G.  Wright,  Alamakee  county,  900  miles 135.00 

L.  E.  Fellows,  Alamakee  county,  900  miles 135.00 

James  H.  Brown,  Winneshiek  county,  900  miles 135.00 

H.  B.  Williams,  Winneshiek  county,  900  miles 135.00 

W.  C.  Martin,  Boone  county,  96  miles 15.00 

Geo.  M.  Maxwell,  Story  county,  64  miles 19.00 

D.  W.  Poindexter,  Howard  county,  &c.,  700  miles 105.00 

L.  D.  TracJi  Butler  county,  &c.,  632  miles 96.00 

W.  P.  Gaylofd,  Floyd  county,  &c.,  700  miles 105.00 

Robert  Alcorn,  Webster  county,  &c.,  160  miles 24.00 

L.  Dwelle,  Worth  county,  &c.,  750  miles 114.00 

Geo.  W.  Hand,  Humboldt  county,  260  miles 39.00 


HOUSE  OP  REPRESENTATIVES.  85 

Hovurd  Graves,  Dickinson  county,  &c.,  320  miles 48.00 

William  L.  Joy,  Woodbury  county,  &c.,  520  miles 78.00 

S.  J.  Comfort,  Monona  county,  &c.,  280  miles 42.00 

L.  K.  Bolter,  Harrison  county,  &c.,  475  miles 72.00 

A.  R.  Mills,  Calhoun  county^  &c.,  200  miles 30.00 

A.  L.  McPherson,  Guthrie  county,  &c.,  130  miles 21.00 

A.  K.  Crawford,  Montgomery  county,  &c.,  250  miles 39.00 

Alex.  Hnggins,  Taylor  county,  &c.,  350  miles 54.00 

Chas.  Aldrich,  Chief  Clerk,  200  miles 30.00 

The  report  was  adopted,  and  referred  to  Committee  on  "Ways  and 
Means. 

The  Committee  of  Judiciary  presented  the  following  report : 

The  Committee  on  the  Judiciary,  to  whom  was  referred  the 
memorial  of  the  Board  of  Supervisors  of  Johnson  County,  pray- 
ing for  the  passage  of  a  law  changing  the  present  system  of  col- 
lecting taxes,  to  Ihat  of  collecting  the  same  by  Townships,  have 
had  the  same  under  consideration,  and  they  have  instructed  me  to 
report  the  same  back  to  the  House  with  a  request  that  it  be  re- 
ferred to  the  Committee  on  Ways  and  Means. 

WM.  HALE,  Chairman. 

The  report  was  concurred  in,  and  the  memorial  so  referred. 

BESOLUnOKS  LAID  OYES   UKBBB  BULE  34. 

The  following  resolution  offered  yesterday  by  Mr.  Clark,  was 
taken  up  and  adopted. 

Hesocved,  That  the  Attorney  General  be  requested  to  communi- 
cate to  this  House,  at  as  early  a  day  as  practicable,  his  opinion 
whether  or  not  the  General  Assembly  has  power  to  restrict  and 
regulate  the  tariff  of  prices  for  passage  and  freights  over  the  sev- 
eral Railroads  in  this  State,  and  also  the  tariff  rates  of  Express 
Companies. 

The  following  resolution  offered  yesterday  by  Mr.  Thomson, 
was  adopted : 

Ee^olved^  That  His  Excellency,  Wm.  M.  Stone,  Governor  of 
the  State  of  Iowa,  be  requested  to  furnish  to  this  House  such  in- 
formation as  may  be  in  his  possession,  or  may  be  obtained  from 
documents  in  his  office,  the  number  of  men  credited  to  the  State  of 
Iowa,  (ander  the  one  year  system  of  credits)  at  the  time  the  draft 
was  ordered  during  the  summer  of  1864.  And  also,  what  the 
quota  of  onr  State  was  (inclusive  of  all  calls)  at  the  time  the  draft 
above  referred  to  was  ordered. 

mTBODUOTION  OF  BILLS. 

Mr.  Barker  introduced  House  File  No.  27,  A  bill  for  an  act  to 
punish  attempts  to  commit  offenses  prohibited  by  law. 

Read  first  and  seoond  time  and  referred  to  Committee  on  Judic- 
iary. 


86  JOURNAL  OF  THE 

Mr.  Thomson  introduced  House  File  No.  28,  A  bill  for  ad  act 
to  amend  Chapter  172,  of  the  laws  of  the  Ninth  General  Assem- 
bly. 

Eead  first  and  second  time,  ordered  printed  and  referred  to 
Committee  on  Schools. 

Mr.  Wilson  introduced  House  File  No.  29,  A  bill  for  an  act  to 
protect  the  earnings  of  married  women. 

Bead  first  and  second  times,  and  referred  to  the  Committee  on 
Judiciary. 

Mr.  Glasgow  introduced  Honse  File  No.  30,  A  bill  for  an  act 
extending  tne  powers  of  the  Auditor  of  State. 

Bead  the  first  and  second  times,  and  referred  to  the  Committee 
on  Judiciary. 

Mr.  Boomer  introduced  House  File  No.  31,  A  bill  for  an  act  to 
amend  Section  885  of  the  Bevision  of  1860,  in  relation  to  poll-tax. 

Bead  first  and  second  times  and  referred  to  the  Committee  on 
Ways  and  Means. 

Mr.  Wilson  of  Jackson,  introduced  House  File  No.  32,  A  bill 
for  an  act  providing  that  county  judges  shall  keep  a  fee  book. 

Bead  first  and  second  time  and  referred  to  tne  Committee  on 
County  and  Township  Organizations. 

Mr.  Leffingwell  introduced  House  File  No.  32,  A  bill  for  an  act 
relating  to  the  construction  of  a  bridge  across  the  Mississippi  river 
at  McGregor. 

Bead  first  and  second  time,  and  referred  to  Select  Committee 
consisting  of  the  delegation  from  Clayton  county. 

Mr.  Goodrich  introduced  House  File  No.  33,  A  bill  for  an  act 
to  repeal  sub-division  23,  Section  312,  Chapter  22,  Article  11,  of 
Code  of  1860. 

Bead  first  and  second  time  and  referred  to  the  Committee  on 
Ways  and  Means. 

Mr.  Goodrich  also  introduced  House  File  No.  35,  A  bill  for  an 
act  to  amend  Chapter  89  of  Acts  of  the  Tenth  General  Assembly. 

Bead  first  and  second  time  and  referred  to  the  Committee  on 
Ways  and  Means. 

Mr.  Crawford  introduced  House  File  No.  36,  A  bill  for  an  act 
to  amend  Section  898  of  Code. 

Bead  first  and  second  time  and  referred  to  the  Committee  on 
Boads  and  Highways. 

Mr.  Crawford  also  introduced  House  File  No.  37,  A  bill  for  an 
act  for  the  punishmnet  of  beastiality. 

Bead  first  and  second  time  and  referred  to  the  Committee  on 
Judiciary. 

Mr.  Burnett  introduced  House  File  No.  38,  A  bill  for  an  act  to 
repeal  Section  2498  of  the  Bevision  of  1860. 

Bead  first  and  second  times  and  referred  to  the  Committtee  on 
Judiciary. 

Mr.  Crawford  introduced  House  File  No.  39,  A  bill  for  an  act 


HOUSE  OP  RBPRE8KNTAT1VES.  87 

to  amend  Section  2  of  Chapter  102  of  the  Ajcta  of  the  Tenth  Gen- 
eral Assembly,  relating  to  common  schools. 

Read  first  and  second  time  and  referred  to  the  Committee  on 
Schools. 

Mr.  Sipple  introdneed  House  File  No.  40,  A  bill  for  an  act  re- 
quiring instruments  affecting  real  estate  to  be  recorded. 

Read  first  and  second  time  and  referred  to  the  Committee  on 
Judiciary. 

Mr.  Joy  introduced  House  File  No.  41,  A  bill  for  an  act  entitled 
an  act  to  anthorize  the  board  of  supervisors  of  the  several  counties 
in  this  State  to  appropriate  a  portion  of  the  relief  fund  of  their  re- 
spective counties  to  the  payment  of  the  county  indebtedness. 

Read  first  and  second  time  and  referred  to  the  Committee  on 
Ways  and  Means. 

RESOLUTIONS. 

Mr.  Rogers  introduced  the  following  resolution,  which  was 
adopted : 

nesolvedj  That  the  Committee  on  Judiciary  be  instructed  to  con- 
sider the  expediency  of  providing  by  law  for  the  taking  of  evidence 
in  suits  in  equity  in  the  same  manner  as  in  suits  at  law,  with  power 
to  report  by  bill  or  otherwise. 

Mr.  Rogers  also  introduced  the  following  resolution,  which  was 
adopted : 

Whersas,  a  National  system  of  banking  has  been  established  and 
is  in  successful  operation  under  the  laws  of  the  United  States,  and 
has,  especially  in  the  Western  States,  practically  superseded  the 
State  banking  systems, 

Resolved^  That  the  Committee  on  Banks  and  Banking  be  in- 
s^cted  to  consider  and  report  upon  the  expediency  of  repealing  the 
banking  laws  of  this  State  and  of  prohibiting  by  law  the  issuing  or 
circulating  within  the  State  of  all  bills  or  notes  intended  or  calcu- 
lated to  circulate  as  money,  except  such  as  may  be  issued  by  the 
United  States,  or  under  the  authority  of  the  laws  thereof,  with  a 
bill  or  bills  for  such  act  or  acts  on  the. subject  as  they  may  deem 
expedient. 

Mr.  Close  introduced  the  following  resolution,  which  was 
adopted  : 

Resolvedy  That  the  use  of  this  Hall  be  granted  to  the  Farmers^ 
Club  on  Tuesday  evening,  of  each  week,  during  the  session  of  the 
Eleventh  General  Assembly. 

Mr.  Palmer  introduced  the  following  joint  resolution,  which  was 
adopted  : 

Resolved^  That  a  committee  of  two  from  the  House  and  one 
from  the  Senate  be  appointed  to  go  to  Story  County  and  examine 
the  College  farm  and  buildings  and  report  the  condition  of  the 
same  to  the  General  Assembly,  and  also  to  report  whether  in  their 


88  JOURNAL  OP  THE 

judgment  the  last  appropriation  has  been  judiciously  expended, 
and  the  amount  necessary  to  complete  the  college  building,  and 
other  facts  that  may  be  of  interest  to  the  General  Assembly. 

Mr.  Tisdale  introduced  the  following  concurrent  resolution, 
which  was  adopted  : 

Be  it  resolved  hy  the  House  of  Representatives  of  the  State  of 
lowa^  the  Senate  ooncurring^  That  our  Senators  in  Congress  be  in- 
structed, and  our  Representatives  requested  to  favor  and  urge  the 
establishment  of  a  National  Bureau  of  Education,  with  headquar- 
ters at  Washington,  with  a  view  to  the  collection  of  statistics  and 
other  information  on  general  education,  and  the  dissemination  of 
the  same,  and  to  the  securing  of  a  uniform  system  of  common 
school  education  throughout  the  United  States. 

Mr.  Brown,  of  Van  Bureu,  offered  the  following  resolution, 
which  was  read  and  made  the  special  order  for  Friday  next  at  10 
o'clock : 

Whereas,  There  seems  to  bo  manifest  objection  to  the  present 
system  of  County  Government,  and 

Whereas,  It  seems  to  be  a  question,  whether  a  Board  of  Com- 
missioners would  not  be  less  expensive  and  more  efficient  in  the 
transaction  of  County  business,  therefore, 

Be  it  resolved  by  the  Jloicse  of  Hepresentatives  of  the  State  of 
lowa^  That  we  deem  it  expedient  to  take  action  at  an  early  period 
of  this  Session,  looking.to  an  absolute  and  radical  change  of  Ar- 
ticle eleven.  Chapter  twenty-two,  Eevision  of  1860. 

Mr.  Dudley  introduced  the  following  resolution,  which  was 
adopted  : 

,  Whereas,  By  the  facilities  that  are  afforded  by  the  D.  V.  K.  E., 
for  travel  and  transportation,  the  DesMoines  River  is  no  longer 
used  for  purposes  of  navigation, 

Resolved  therefore  hy  the  House  of  Representatives^  the  Senate 
concurring^  That  our  Senators  and  Eepresentatives  in  Congress  be 
requested  to  use  there  influence  to  have  the  said  Des  Moines  River 
declared  not  a  navigable  stream,  to  the  end  that  the  same  may  be 
more  cheaply  improved  as  a  motive  power  for  machinery. 

Mr.  Sherman  offered  the  following  resolution,  which  was  laid 
over  under  the  rule : 

Resolved^  That  the  Secretary  of  State  be  requested  to  furnish 
copies  of  Reports  of  the  Railroad  Companies  of  this  State,  made 
under  provisions  of  Section  8,  Chapter  169,  laws  of  1862,  for  the 
vears  1864  and  1865,  and  to  report  the  names  of  Companies  that 
have  failed  to  comply  with  the  provisions  of  that  section. 

message  from  the  senate. 

Mb.  Speaker  : — I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  adopted  the  following  Joint  Resolution,  as  a 
substitute  for  the  House  Resolution,  ratifying  the  amendment  to 


HOUSE  OF  RBPRBSBNTATIVES.  89 

the  Conetitation  of  the  IJnitod  Statee,  abolishing  slavery  within 
the  United  States,  which  is  herewith  submitted,  and  in  which  the 
ooDcnrrence  of  the  Honse  is  asked. 

Joint  Eesolntion  ratifying  the  amendment  to  the  Constitution  of 
the  United  States,  abolishing  slavery. 

Whereas,  The  Congress  of  the  United  States  has  proposed  to 
the  several  States  the  following  amendment  to  the  Federal  Con- 
Btitation,  viz. : 

ARTICLE  XIU.  / 

Section  1.  Neither  slavery  nor  involuntary  servitude,  except 
as  a  punishment  for  crime,  whereof  the  party  shall  have  been  duly 
convicted,  shall  exist  within  the  United  States,  or  any*place  sub- 
ject to  their  jurisdiction. 

Section  2.  ^^  Congress  shall  have  power  to  enforce  this  article 
by  appjropriate  legislation.  "    Therefore 

Be  it  resolved  oy  the  General  Asaemhly  of  the  State  of  Iov)a^ 
That  the  State  of  Iowa,  by  its  Legislature,  hereby  ratifies  and  as- 
sents  to  said  amendment. 

lam  also  directed  to  inform  your  Honorable  Body  that  the 
Senate  has  concurred  in  the  House  concurrent  resolution  relative 
to  the  equalization  of  bounties  to  soldiers. 

I  am  also  directed  to  inform  your  Honorable  Body  that  the  Sen- 
ate has  ordered  printed  of  the  Governor's  Inaugural  address,  2,000 
frupies  in  the  English  language,  1,000  copies  in  the  Norwegian  lan- 
.mge,  1,000  copies  in  the  German  language,  and  500  copies  in  the 
Swedish  language. 

J.  W.  DIXON,  Secretary. 

Mr.  Russell  moved  that  when  the  House  adjourn  it  be  until  to- 
niorrow  morning  at  10  o'clock.     Carried. 

Oq  motion  of  Mr.  Close,  the  House  adjourned. 


Hall  House  of  Kefbessntatives,  Des  Moines,  \ 

January  17, 1866.      ) 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Wetmore. 

Journal  of  yesterday  read  and  approved. 

MESSAGE  FBOM  THE   SENATE. 

The  following  message  was  received  from  the  Senate  : 
12 


90  JOURNAL  OP  THE 

Mr.  Sfbakbb  : — I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  concurred  in  the  House  amendment  to  the 
Senate  resolution  relative  to  the  printing  of  the  rules  of  the  two 
Houses. 

J.  W.  DIXON,  Secretary. 

PBTITIONS. 

Mr.  Knox  presented  a  petition  from  Mr.  J.  S.  Hackwith,  and 
other  citizens  of  Wappllo  county,  asking  for  an  increase  in  the 
compensation  of  County  Recorders. 

Referred  to  Committee  on  compensation  of  Public  Officers. 

Mr.  Wilson  of  Jackson,  presented  a  petition  of  E.  C.  Meare, 
and  others,  asking  for  the  repeal  of  the  prohibitory  liquor  law  and 
the  enactment  of  a  license  law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Bereman  presented  a  petition  from  J.  W.  Millspaugh,  ask- 
ing for  compensation  lor  military  .services  in  Colonel  Morris'  reg- 
iment of  Missouri. 

Referred  to  Committee  on  Claims. 

Mr.  Runyan  presented  a  petition  from  the  Board  of  Supervisors 
of  Benton  county,  asking  for  an  amendment  to  Section  307,  of 
Revision  of  1860. 

Referred  to  Committee  on  County  and  Township  Organizations. 

Mr.  Runyan  also  presented  a  similar  petition  asking  for  an 
amendment  to  Section  710,  part  Ith,  of  Revision  of  1860. 

Referred  to  same  Committee. 

BBFORTS  OF  COMMITTBES. 

The  Committee  on  Claims  presented  the  following  report  and 
accompanying  bill : 

House  File  No.  42,  A  bill  for  an  act  making  appropriation  for 
two  Lawson  Heaters,  Registers  and  Pipes  furnished  and  put  up  in 
the  Capitol  Building. 

The  Committee  on  Claims  to  whom  was  referred  the  claims  of 
Fuller,  Warren  &  Co.,  for  eighteen  hundred  dollars,  the  original 
contract  price,  and  one  hundred  and  two  dollars  extra  work  and 
material  furnished  for  furnishing  two  Lawson  Heaters,  pipes  and 
registers,  and  putting  up  the  same  in  the  Capitol  building,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration, 
and  have  instructed  me*  to  report  the  same  back  to  this  House  with 
the  accompanying  bill  and  recommend  its  passage. 

L.  CLARK,  Chairman. 

The  bill  reported  by  the  Committee  on  Claims  was  read  a  first 
and  second  time. 

On  motion  of  Mr.  Clark,  the  rule  was  suspended  and  the  bill 
read  a  third  time. 


HOUSE  OF  REPRESENTATIVES.  91 

Upon  the  qneetion  "  Shall  the  bill  pass  ? "  the  yeas  and  nays 
were  as  follows : 

The  yeas  were  Messrs.  Abbott,  Alcorn,  Ballinger,  Barnes, 
Barker,  Bahl,  Belt,  Beremad,  Bennett,  Boomer,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van 
Baren,  Brown  of  Winneshiek,  Buck,  Burnett,  Carbee,  Clark,  Close, 
Comfort,  Conway,  Crawford,  Dashiel,  DeForest,  Dudley,  Dwelle, 
Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gafy, 
Garrett,  Garber,  Glasgow,  Godfrey,  Goodrich,  Graves,  Griffith, 
Hale,  Hand,  Holmes,  Huggins,  Joy,  Knapp,  Knox,  Landes,  Lef- 
fingwell,  Linderman,  Lowdon,  Martin,  Maxwell,  McPherson,  Mc- 
Nutt,  McCulloagh,  McLaughlin,  McKean,  Mills,  Morgan,  O'Brien, 
Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Runyan,  Russell, 
Ryan,Sapp,  Safely,  Serrin,  Sherman,  Tracy,  Thacher,  Travis,  Tisdale, 
Thomson.  Thorn,  Van  Leuven,  .Walden,  West,  Wilcox,  Wright, 
Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Jackson, 
Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 93. 

Absent,  not  voting,  Messrs.  Abernethy,  Darwin,  Holden,  Sipple, 
Stockman — 5. 

So  the  bill  passed,  and  the  title  was  agreed  to. 

The  Committee  on  Military  Affairs  presented  the  following 
report : 

The  Committee  on  Military  Affairs  to  whom  was  referred  the 
claims  of  the  Alton  &  Chicago  Railroad  against  the  State  of  Iowa 
for  transporting  Iowa  Yolunteers,  amounting  to  $18.18,  have  had 
the  same  under  consideration  and  have  instructed  me  to  report  the 
same  back  to  the  House  with  the  recommendation  that  it  be  re- 
ferred to  the  Committee  on  Claims,  and  that  it  be  allowed. 

S.  L.  GLASGOW,  Chairman. 

The  report  of  the  Committee  was  concurred  in,  and  the  refer- 
ence made. 

The  Committee  on  Military  Affairs  preseiited  the  following  re- 
port: 

Your  Committee  on  Military  Affairs,  to  whom  the  preamble  and 
resolutions  relating  to  the  37th  Iowa  Volunteer  Infantry  were  re- 
ferred, have  had  the  same  under  consideration  and  have  instructed 
me  to  report  the  same  back  to  the  House,  with  the  recommenda- 
tions that  they  be  adopted. 

S.  L.  GLASGOW,  Chairman. 

The  report  of  committee  was  received  and  the  concurrent  reso- 
lution adopted. 

The  same  committee  presented  the  following  report : 

Your  Committee  on  Military  Affairs,  to  whom  was  referred  the 
petition  of  S.  L.  Glasgow  asking  relief  for  one  Perry  Hillis,  have 
had  the  same  under  consideration  and  ask  leave  to  report  that  in 
the  opinion  of  the  committee  the  said  Perry  Hillis  is  entitled  to 
the  sum  of  sixteen  dollars  per  month,  from  the  6th  day  of  Sep- 
tember, 1863,  the  day  on  wnich  he  received  his  injuries,  to  the  8th 


92  JOURNAL  OF  THE 

day  of  August,  1865,  the  day  on  which  the  regitiient  in  which  he 
enlisted  was  discharged,  making  a  total  of  live  hundred  and  sixty 
dollars,  and  recommend  that  the  same  be  allowed  and  that  the 
original  petition  together  with  this  report  be  referred  to  the 
"  Committee  on  Claims." 

S.  L.  GLASGOW,  Chairman. 

The  report  of  the  committee  was  adopted  and  the  papers  re- 
ferfed  as  recommended. 

The  same  committee  offered  the  following  report,  which  was 
adopted  and  reference  made  as  recommended. 

The  Committee  on  Military  Affairs,  to  whom  was  referred  the 
claims  of  Adjutant  General  N.  B.  Baker  for  comhuitation  of  luel 
and  rooms,  amounting  to  $494.63,  have  had  the  same  under  con- 
sideration and  have  instructed  me  to  report  the  same  back  to  the 
House  with  the  request  that  it  be  referred  to  the  Committee  on 
Claims,  and  with  the  recommendation  that  the  claim  be  allowed. 

S.  L.  GLASGOW,  Chairman. 

The  Committee  on  Railroads  offered  the  following  report,  which 
was  concurred  in : 

I  am  instructed  by  the  Committee  on  Railroads  to  report  the 
following  resolution  to  the  House,  and  ask  its  adoption. 

»  SHERMAN,  Chairman. 

Resolved^  That  the  Committee  on  Railroads  have  authority  to 
order  printed  such  bills  referred  to  them  from  time  to  time,  as  they 
may  deem  of  sufficient  importance. 

The  Committee  on  Judiciary  offered  the  following  report : 

The  Committee  on  the  Judiciary,  to  whom  was  referred  House 
File  No.  27,  A  bill  for  an  act  to  punish  attempts  to  commit  offenses 
prohibited  by  law,  have  had  the  same  under  consideration,  and 
they  have  instructed  me  to  report  the  same  back  to  the  House  and 
recommend  its  passage. 

WM.  HALE,  Chairman. 

The  same  Committee  offered  the  following  report,  which  was 
concurred  in,  and  the  reference  made  as  recommended. 

The  Committee  on  the  Judiciary,  to  whom  was  referred  the 
resolution  instructing  them  to  inquire  into  the  expediency  of  in- 
creasing the  compensation  of  witnesses  and  jurors  in  civil  and 
criminal  cases,  have  had  the  same  under  consideration,  and  they 
have  instructed  me  to  report  the  same  back  to  the  House  with  re- 
quest that  it  be  referred  to  the  Committee  on  Compensation  of 
rnblic  Officers. 

WM.  HALE,  Chairman.    . 

BESOLUTION  LAID   OVEE  TTNDEE  BULE   34. 
% 

The  following  resolution  of  Mr.  Sherman,  offered  yesterday,  and 
laid  over  under  the  rule,  was  taken  up  and  adopted : 
Resolved^  That  the  Secretary  of  State  be  requested  to  furnish 


HOUSE  OP  REPRESENTATIVES.  93 

copies  of  reports  of  Railroad  Companies  of  this  State,  made  under 
provisions  of  Section  3,  Chapter  159,  laws  of  18o2,  for  the  years 
1801,  and  1S65,  and  to  report  the  names  of  coinpuiiies  that  have 
failed  to  comply  with  the  provisions  of  that  Section. 

INTBODUCTION  OF  BILLS. 

Mr.  Finkbine  introduce  House  File  No.  43,  A  bill  for  an  act 
providing  for  the  taxation  of  the  psoperty  of  Railroad  Companies. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Ways 
and  Means  and  ordered  printed. 

Mr.  Martin  introdaced  House  File  No.  44,  A  bill  for  an  act  au- 
thorizing Justices  of  the  Peace  to  employ  a  clerk  in  certain  cases. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Com- 
pensation of  Public  OflBcers. 

Mr.  Bereman  introduced  House  File  No.  45,  A  bill^  for  an  act 
to  authorize  Clerks  of  the  District  Court  to  enter  satisfaction  of 
mortgages  in  certain  cases. 

Read  h  first  and  second  time  and  referred  to  the  Committee  on 
the  Compensation  of  Public  Officers. 

Mr.  Dashiel  introduced  House  File  No.  46,  A  bill  for  an  act  to 
regalate  the  practice  in  relation  to  suits  for  divorce. 

Kead  a  first  and  second  time  and  referred  to  Committee  on  Ju- 
diciary. ^ 

Mr.  Conway  introduced  House  File  No.  47,  A  bill  for  an  act  to 
amend  the  Estrav  Law. 

Referred  to  Committee  on  Agriculture. 

Mr.  McXntt  introduced  House  File  No.  48,  A  bill  for  an  act  to 
repeal  Sections  6,  7,  8,  9,  10,  and  11,  of  Chapter  102,  of  the  acts 
of  Ninth  General  Assembly. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Ag- 
riculture. 

Mr.  Landes  introduced  House  File  No.  49,  A  bill  for  an  act  pro- 
viding compensation  for  Attorneys  in  State  cases. 

Read  a  first  and  second  time  and  referred  to  C  -jumittee  on  Ju- 
diciary. 

Mr.  Leflingwell  introduced  House  File  No.  50,  A  bill  for  an  act 
requiring  Railroad  Companies  to  build  good  anri  lawful  fences  on 
both  sides  of  the  road  wnerever  the  road  passes  through  improved 
lands. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Ag- 
riculture. 

Mr.  Wilson  of  Uubuque  introduced  House  File  No.  51,  A  bill 
for  an  act  concerning  the  limitation  of  actions. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Ju- 
diciary. 

Mr.  Morgan  introduced  House  File  No.  52,  A  bill  for  an  act  to 


94  JOURNAL  OP  THE 

amend  Chapter  46,  Article  1,  of  Be  vision  of  1860,  in  relation  to 
laying  out  and  eBtablishing  county  roads. 

Bead  a  first  and  second  time  and  referred  to  Committee 'on  Boads 
and  Highways. 

Mr.  Ballinger  introduced  House  File  No.  53,  A  bill  for  an  act 
authorizing  the  employment  of  clerks  in  criminal  examinations 
before  Justices  of  the  Peace.  ^ 

Bead  a  first  and  second  time  and  referred  to  Committee  on  Com- 
pensation of  Public  Officers. 

RESOIUTIONS. 

Mr.  Tracy  offered  the  foUoVing  Joint  Besolution  which  was 
adopted : 

^e  it  resolved  by  the  General  Assembly  of.  the  State  of  Towa, 
That  our  Senators  in  Congress  be  and  are  hereby  instructed,  and 
our  Bepresentatives  requested  to  use  their  influence  to  secnreas  soon 
as  practicable  the  establishment  of  the  following  mail  route  and 
mail  facilities,  to-wit :  From  Marshalltown,  in  Marshall  county, 
Iowa,  to  New  Hartford,  in  Butler  county,  Iowa,  via  Vienna,  Wolf 
Creek  Grove,  Fifteen  Mile  Grove,  and  Grundy  Centre. 

Mr.  McPherson  offered  the  following  resolution  : 

Mesolved  by  the  House  of  Hepresentatives^  the  Senate  concurriny^ 
That  there  be  a  committee  of  two  on  the  part  of  the  House  and  one 
on  the  part  of  the  Senate  to  visit  the  Blind  Asylum  located  at  Yin- 
ton,  to  inquire  into  the  needs  and  wants,  if  any,  and  condition  of 
the  same  and  to  report  at  their  earliest  convenience. 

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

Mr.  Crawford  offered  the  following  resolution,  which  was  re- 
ferred to  Committee  on  Constitutional  Amendments: 

Resolved^  That  the  Committee  on  Constitutional  Amendments 
be  instructed  to  report  at  as  early  a  day  as  practicable  an  efficient 
law  for  the  registration  of  voters,  and  also  in  connection  therewith, 

to  consider  the  propriety  of  striking  out  of  article ,  on  suffrage, 

the  word  sixty  and  inserting  twenty  instead. 

Mr.  Williams,  of  Des  Moines,  offered  the  following  resolution, 
which  was  adopted : 

Resolved^  That  all  bills  hereafter  introduced  in  this  House,  shall 
express  in  their  title  the  subject  matter  to  which  they  relate. 

Mr.  Finkbine  offerred  the  following  resolution,  which  was 
adopted  : 

Mesolved^  That  the  Chief  Clerk  be  and  is  hereby  authorized  to 
procure  such  articles  of  stationery  as  may  be  necessary  for  the  use 
of  this  House  and  not  kept  on  hand  by  the  Secretary  of  State. 

Mr.  West  offered  the  following  resolution : 

Resolved^^  That  the  Speaker  ot  this  House  be  requested  to  ap- 
point an  additional  Standing  Committee  to  be  known  as  the  Com- 
mittee on  Commerce,  of  which  Mr.  Finkbine,  of  Johnson,  shall 
be  Chairman. 


HOUSS  OF  RBPRB8BNTATIVES.  95 

Mr.  FinkbiDe  moved  that  the  name  of  Mr.  Fiokbine  be  stricken 
oat  of  the  resolation. 

Mr.  Bereman  moved  to  add,  '^provided  he  will  serve  as  a  mem> 
ber  of  such  committee/' 

The  amendment  to  the  amendment  was  lost.  The  amendment 
WAS  lost,  and  the  resolution  adopted. 

Mr.  Dudley  moved  that  Mr.  Finkbine  be  excused  from  serving 
on  the  Committee  of  Commerce. 

The  motion  prevailed. 

Mr.  Kogers  offered  the  following  resolution,  which  was  adopted  : 

Resolved^  That  there  be  added  to  the  Standing  Committees  of 
the  House,  a  Committee  on  the  Iowa  Soldiers'  Orphans'  Home, 
and  the  Speakeir  be  requested  to  appoint  such  committee. 

Mr.  Flanders  offered  the  following  preamble  and  resolution : 

Whebsas,  The  practice  of  smoking  in  this  hall  is  indecent  and 
angentlemanly  ;  therefore  be  it 

ueaolved  ly  the  House  of  Hepreaeniatwea^  That  any  member  of 
this  House  who  shall  hereafter  smoke  within  this  Hall,  either  be- 
fore, during,  or  after  the  daily  sessions  of  the  House,  shall  be 
deemed  guilty  of  a  breach  of  decorum  and  be  liable  to  be  repri- 
manded by  the  Chair.  ' 

On  motion  of  Mr.  Garber  the  resolution  was  laid  on  the  table. 

Mr.  Dudley  offered  the  following  resolution,  which  was  referred 
to  Committee  on  Constitutional  Amendments  : 

Resolved  hy  the  House  of  Representatives^  That  the  Committee 
OQ  Constitutional  Amendments  be  instructed  to  report  at  an  early 
day  an  efficient  registry  law,  by  which  every  legal  voter  will  be 
registered  not  less  than  ten  days  before  our  annual  election  each 
year. 

Mr.  McPherson  offered  the  following  resolution,  which  was 
adapted : 

nesdvedy  That  the  Chief  Clerk  be  requested  to  furnish  the  mem- 
bers of  this  House  with  pen  knife  and  eraser. 

Mr.  Bennett  offered  the  following  resolution,  which  was  adopted : 

Resolved,  That  the  Judiciary  Committee  be  instructed  to  inquire 
into,  and  report  to  this  House  by  bill  or  otherwise,  what  additional 
legislation,  if  any,  is  necessary,  to  provide  for  the  taxation  for  State 
and  county  purposes  of  National  Banks  and  stock  owned  therein. 

Mr.  Wilson  of  Dubuque,  offered  the  following  resolution,  which 
was  adopted : 

Resolved^  That  the  Attorney  General  be  requested  to  give  to  the 
House  of  Kepresentatives  his  opinion  whether  there  is  any  law 
now  in  force  providing  for  the  salaries  of  the  Judges  of  the  Su- 
preme Court,  and  also  whether  there  exists  any  constitutional  im- 
pediment to  the  passage  of  an  act  by  the  present  General  Assembly 
giving  the  said  Judges  a  greater  salary  than  that  which  they  now 
receive. 

Mr.  Safely  offered  the  following  resolution,  which  was  adopted  : 


96  JOURNAL  OF  THiS 

Resolved  hy  the  House  of  Representatives  of  the  State  lowa^ 
That  the  Committee  on  Common  Schools,  be  instructed  to  inquire 
into  the  expediency  of  so  amending  that  portion  of  the  Common 
School  Law,  (Section  8,)  which  provides  for  the  annual  election  of 
Sub-directors,  that  the  term  of  office  shall  be  two  years,  and  one 
half  of  the  members  of  the  District  Township  Board  shall  be 
elected  annually,  and  that  the  Committee  report  to  this  House  by 
bill  or  otherwise. 

Mr.  Knapp  introduced  the  following  concurrent  Resolution, 
which  was  adopted : 

Resol/oed^  hy  the  House  of  Representatives^  the  Senate  eoncur- 
ring^  That  our  Senators  and  Representatives  in  Congress  be  re- 
quested to  use  their  utmost  exertions  to  procure  the  establishment 
of  a  tri-weekly  mail  from  Iowa  Falls,  Hardin  county,  to  Mason 
City,  Cerro  Gordo  county,  via  Maysville  and  Hampton,  Franklin 
county. 

Mr.  Tisdale  offered  the  foUowingresolution,  which  was  adopted: 

Resolvedy  That  the  Committee  on  Judiciary  be  instructed  to  in- 
quire whether  further  legislation  is  not  necessary  to  prevent  the 
stealing  of  timber,  and  if  they  shall  find  such  legislation  neces- 
sary, to  report  a  bill  for  the  same  to  this  House  at  as  early  a  day  as 
practicable. 

HESSAGB  FBOM  THE  SENATE. 

Mb.  Spbakeb: — lam  directed  to  inform  your  honorable  body 
that  the  Senate  has  adopted  a  concurrent  resolution  relative  to  the 
hours  during  which  the  Capitol  post-office  shall  be  kept  open, 
which  is  herewith  submitted,  and  in  which  the  concurrence  ot  the 
House  is  asked. 

J.  W.  DIXOIS^,  Secretary. 

Resolved  by  the  Senate^  the  House  of  Representatives  concurring ^ 
That  the  Capitol  post-office  shall  be  kept  open  for  the  reception 
and  delivery  of  mail  matter  from  eight  o'clock  A.  M.  until  six 
o'clock  P.  M.  on  each  day  of  the  week,  except  Sabbath,  on  which 
day  it  shall  be  kept  open  from  eight  until  ten  o'clock  A.  M.,  and 
from  two  until  four  o'clock  P.  M. 

MESSAGES  ON  SPEAKBb's  TABLE. 

# 

The  House  took  up  the  Senate  substitute  for  the  joint  resolution 
from  the  House  ratifying  the  amendment  to  the  Constitution  of 
the  United  States  forever  abolishing  slavery,  and  upon  the  adop- 
tioti  of  the  same  the  yeas  and  nays  were  ordered,  and  were  as  fol- 
lows : 

The  yeas  were  Messrs.  Abern-ethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Barker,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter, 
Brown  of  Decatur,  Brown  of  Louisa,  Brown  ol  Madison,  Brown 


HOUSE  OF  REPRESENTATIVE8.  97 

of  Van  Buren,  Brown  of  Winneshiek,  Buck,  Burnett,  Carbee, 
Clark,  Close,  Comfort,  Conway,  Crawford,  Dashiel,  DeForest, 
Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gam- 
ble, Gay  lord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Goodrich, 
Graves,  Griffith,  Hale,  Hand,  Holmes,  Huggins,  Joy,  Knapp, 
Knox,  Landes,  Leffingwell,  Linderman,  Lowdon,  Martin,  Max- 
well, McPherson,  McNutt,  McCnllough,  McLaughlin,  McKean, 
Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindexter,  Rogers, 
Rohlfs,  Runyan,  Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Van 
Leuven,  Waldeit,  West,  Wilcox,  Wright,  Wilson  of  Dubuque,  Wil- 
liams of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  and  Mr.  Speaker — 95. 

Absent  or  not  voting,  Messrs.  Darwin,  Holden  and  Stockman. 

So  the  Joint  Resolution  was  adopted. 

The  resolution  of  the  Senate  relative  to  the  hours  of  opening 
and  closing  the  post  office  of  the  General  Assembly  was  also  con- 
carred  in. 

Mr.  Burnett  moved  that  the  House  proceed  to  the  consideration 
of  House  File  No.  4,  A  bill  for  an  act  to  lefi^alize  the  action  of  the 
Board  of  Directors  of  the  Independent  District  ot  the  city  of  Mus- 
catine, in  the  county  of  Muscatine  and  State  of  Iowa. 

The  motion  prevailed,  and  the  bill  was  taken  up. 

The  question,  "  Shall  the  bill  be  engrossed  for  the  third  read- 
ing," was  decided  in  the  affirmative. 

Mr.  Burnett  moved  that  the  rule  be  suspended  and  the  bill  con- 
sidered engrossed,  and  read  a  third  time  now. 

The  motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  "  Shall  the  bill  pass  ?  "  the  yeas  and  nays  were 
as  follows : 

The  yeas  were,  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinojer, 
Barker,  Bahl,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of  De- 
catur, Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren, 
Brown  of  Winneshiek,  Buck,  Burnett,  Carbee,  Clark,  Close, 
Comfort,  Conway,  Crawford,  Dashiel,  DeForest,  Dudley,  Dwelle, 
Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord, 
Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Graves,  Griffith,  Hale, 
Hand,  Holmes,  Huggins,  Joy,  Knapp,  Knox,  Landes,  Linderman, 
Lowdon,  Martin,  Maxwell,  McPherson,  McNutt,  McCullough, 
McLaughlin,  McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer, 
Poindexter,  Rogers,  Rohlfs,  Runyan,  Russell,  Ryan,  Sapp,  Safely, 
Serrin,  Sherman,  Sipple,  Tracy;  Thacher,  Trayis,  Tisdale,  Thom- 
son, Thorn,  Van  Leuven,  Walden,  West,  Wilcox,  Wright,  Wilson 
"f  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson 
'jf  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 91. 

Absent,  not  voting,  Messrs.  Barnes,  Belt,  Darwin,  Goodrich, 
Ilolden,  Leffingwell,  and  Stockman — 7. 

So  the  bill  was  passed  and  the  title  was  agreed  to. 
13 


98  JOURNAL  OF  THE 

Mr.  Eu8sell  offered  the  followiog  resolution,  which  was  adopted : 

Resolved  ly  the  Ilouse  of  JRepresentatives^  That  the  Goveroer 
of  the  State  be  requested  to  order  the  firing  of  a  national  salute  on 
Capitol  Hill  this  afternoon,  in  honor  of  the  adoption  by  Iowa  of 
the  Constitutional  Amendment  forever  abolishing  slavery. 

Mr.  Hale  moved  that  when  the  House  adjourn,  it  be  to  10  o'clock 
to-morrow. 

On  motion  of  Mr.  Barker,  the  House  adjourned. 


Hall  of  House  or  Ekpeesentatives,  ) 
Des  Mouses,  Jan.  18, 1866.      f 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Dr.  Peet. 

Journal  of  yesterday  read  and  approved. 

message  fbom  the  qovsbnob. 

The  following  message  frona  the  Governor,  in  reply  to  the  reso- 
lution offered  by  Mr.  Thomson,  relative  to  the  number  of  men  fur- 
nished by  Iowa  for  the  National  Army,  was  received  by  his  Pri- 
vate Secretary,  Mr.  North: 

\  Executive  Office,  Iowa,  January  18,  1866. 

To  the  Honorable  House  of  Hepresentaizves  : 

Acknowledging  the  receipt  of  your  resolution,  adopted  on  the 
16th  inst.,  calling  for  information  as  to  the  number  of  men  credi- 
ted to  the  State  of  Iowa  under  the  one  year  system  of  credits  at 
the  time  the  draft  was  ordered  during  the  summer  of  1864,  and 
also,  what  the  quota  of  our  State  was  (inclusive  of  all  calls)  at  the 
time  the  draft  above  referred  to  was  ordered,  I  have  the  honor  to 
respectfully  reply  as  follows  : 

The  precise  number  of  men  furnished  by  this  State  prior  to  Oc- 
tober, 1863,  cannot  be  ascertained  from  any  data  in  my  possession, 
which  is  owing  to  the  fact  that  from  the  beginning  of  the  war  up 
to  that  date,  the  Government  kept  no  account  with  counties,  town- 
ships or  wards,  and  the  State  records  give  only  the  counties  and 
post-office  address  of  volunteers.  Prior  to  the  Enrollment  Act  of 
March,  1863,  men  were  enlisted  with  reference  to  sub-districts,  and 
credited  to  the  State  at  large  only.  A  large  number  of  men  from 
Iowa  enlisted  in  regiments  formed  in  other  States,  of  which  we 
have  never  been  able,  even  by  the  utmost  exertions,  to  obtain  full 
and  complete  credits. 


HOUSE  OF  RBPRBSBNTATIVEa  99 

Prior  to  the  July  call  of  1864,  we  have  no  record  of  one  year  re- 
oruits  from  this  State,  as  all  our  men  np  to  that  date,  except  the 
first  regiment  of  infantry,  volunteered  for  the  full  term  of  three 
years.  Our  excess  up  to  that  time,  under  previous  calls,  reckoned 
at  their  equivalent^  in  three  years'  men,  amounted  in  the  aggre- 
gate, to  a  little  over  10,000,  while  our  quota  under  the  July  call  of 
186i  was  something  over  16,000,  leaving  us  deficient  5,000,  which, 
under  the  President's  Proclamation,  this  State  was  required  to 
famish  :  and,  in  addition  to  tliis,  we  were  charged  with  the  delin- 
qnent  sab  districts  under  prior  calls,  making  nearly  8,000  de- 
manded of  us  at  that  time.  I  visited  Washington  in  the  latter 
part  of  August  "for  the  purpose  of  obtaining  a  graduation  of  our 
three-years  excesses^  so  as  to  have  them  counted  to  us  as  one  year 
onits.  This  request  was  refused  at  that  time,  upon  the  ground 
that  such  was  the  necessity  for  recruiting  the  wasted  ranks  of  the 
army,  in  order  that  the  vast  military  operations  then  in  progress 
might  be  successfully  prosecuted,  the  full  number  of  men  called 
for  must  be  furnished ;  but  I  was  promised  that,  under  a  subse- 
qaent  call,  this  graduation  should  be  made.  In  the  month  of  Jan- 
nary,  pending  the  call  of  December  18th,  1864,  I  succeeded  in 
procuring  this  allowance  to  be  made,  which,  together  with  the  one- 
year  recruits  obtained  by  draft  and  voluntary  enlistments,  more 
than  filled  the  quota,  assigned  us  under  that  call. 

I  succeeded,  however,  in  August,  in  obtaining  a  relinquishment 
of  the  demand  for  deficiencies  against  the  delinquent  sub-districts, 
before  referred  to,  which  reduced  the  aggregate  number  for  which 
the  draft  was  finally  ordered  in  the  several  districts,  to  less  than 
4,000  men. 

For  further  and  more  definite  information  on  this  subject,  you 
are  respectfully  referred  to  tha^  Adjutant  General's  report  for  1865. 

W.  M.  STOKE. 

On  motion  of  Mr.  Bussell,  the  regular  order  of  business  was 
suspended,  and  the  message  read,  and  ordered  printed. 

PETITIONS. 

Mr.  Van  Leuven  presented  a  petition  from  Wm.  Fisher  and  oth- 
ers, asking  for  a  change  in  the  incorporation  law. 
Referred  to  Committee  on  Incorporations. 

BEPOBTS  OF  OOMMITTEBS. 

The  Committee  on  Judiciary  presented  the  following  report : 
The  Committee  of  Judiciary  to  whom  was  referred  House  File 
No.  29,  Entitled  an  act  to  protect  the  earnings  of  married  women, 
have  had  the  same  under  consideration  and  authorized  me  to  re- 


100  JOURNAL  OF  THE 

port  the  accompanying  bill  as  a  sabstitnte,  with  the  recommenda- 
tion that  the  same  be  passed. 

T.  S.  WILSON. 

The  Committee  on  Ways  and  Means  submitted  the  following 
report : 

Mb.  Speaker:— The  Committee  on  Ways  and  Means  to  whom 
was  referred  House  File  No.  17,  have  had  the  same  under  consid- 
eration, find  have  instructed  me  to  report  the  same  back  with  the 
recommendation  that  it  be  indefinitely  postponed. 

FINKBINE,  Chairman. 

The  Committee  on  Ways  and  Means  presented  the  following 
report:  • 

The  Committee  on  Ways  and  Means  have  had  under  considera- 
ation  House  File  No.  20,  A  bill  for  an  act  to  amend  Section  710 
of  the  Revision  of  1S60,  in  relation  to  bridge  tax,  and  have  in- 
structed me  to  report  the  same  back  recommending  that  the  words 
"  three  mills  "  in  the  seventh  line  of  Section  1,  be  stricken  out, 
and  the  words  "  two  mills  "  be  inserted.  Also,  that  the  word  "re- 
pealed "  in  the  sixth  line  of  said  Section  be  stricken  out,  and  the 
words  "  stricken  out "  inserted. 

FINKBINE,  Chairman. 

The  Committee  on  [loads  and  Highways  presented  the  following 
report : 

The  Committee  on  Roads  and  Highways  to  whom  was  referred 
the  petition  of  J.  S.  Butler  and  others,  asking  for  the  vacating  of 
certain  alleys  and  streets  in  the  village  of  Springville,  Linn  county, 
Iowa,  have  had  the  same  under  consideration,  and  have  instructed 
me  to  report  that  in  the  opinion  of  the  Committee,  the  laws  now 
in  force  extend  to  the  petitioners  the  remedy  asked  for.  There- 
fore, the  Committee  direct  me  to  report  the  same  back  with  the 
recommendation  that  no  further  action  is  necessary.  ^ 

All  of  which  is  respectfully  submitted. 

GEO.  M.  MAXWELL,  Chairman. 

The  same  Committee  presented  the  following  report : 

The  Committee  on  Roads  and  Highways  to  whom  was  referred 
House  File  No.  36,  have  had  the  same  under  consideration  and 
instructed  me  to  report  the  same  back  with  a  substitute,  and  to 
recommend  that  the  substitute  pass. 

MAXWELL,  Chairman. 

The  Committee  on  Agriculture  presented  the  following  report: 

Mr.  Speaker: — The  Committee  on  Agriculture  to  whom  was 
referred  House  File  No.  48,  A  bill  for  an  act  to  repeal  Sections  6, 
7,  8,  9,  10,  and  11,  of  Chapter  102,  of  the  acts  of  the  Ninth  Gen- 
eral  Assemblv,  had  the  same  under  consideration  and  have  in- 
struct  ed  me  to  report  the  same  back  to  the  House  with  a  recom- 
mendation that  it  do  not  pass. 

H.  M.  THOMSON,  Chairman. 

The  Committee  on  Roads  and  Highways  to  whom  was  referred 


HOUSE  OP  REPRESENTATIVES,  101 

House  File  No  31,  A  bill  for  an  act  to  amend  Section  885,  of  the 
Revision  of  1860,  in  relation  to  poll  tax,  have  had  the  same  un- 
der consideration,  and  have  instructed  me  to  report  that  inasmuch 
as  the  Committee  are  of  the  opinion  that  the  laws  now  in  force  are 
jadicious-  in  these  enactments,  that  therefore,  the  Committee 
recommend  that  the  bill  do  not  pass. 
All  of  which  is  respectfully  submitted. 

GEO.  M.  MAXWELL,  Chairman. 
The  Committee  on  Incorporations  presented  the  following  report : 
Your  Committee  to  whom  was  referred  House  File  No.  9,  A 
bill  for  an  act  to  promote  the  collection  and  assessments  of  Cities 
and  Towns,  have  had  the  same  under  consideration,  and  instruct 
me  to  report  that  in  the  opinion  of  the  Committee  the  bill  is 
informal  and  will  not  accomplish  the  purpose  sought,  and  respect- 
fully asks  that  the  mover  may  be  allowed  to  withdraw  the  same. 

H.  B.  WILLIAMS,  Chairman. 
Report  of  Committee  was  concurred  in  and  the  bill  withdrawn. 
The  Committee  on  Printing  presented  the  following  report :    ■ 
The  Committee  on  Printing  to  whom  was  referred  House  File 
Xo.  14,  entitled  an  act  to  provide  for  the  printing  and  distribution 
of  the  Governor's  Biennial  Message,  have  had  the  same  under  con- 
sideration, and  have  instructed  me  to  report  the  same  back  and 
recommend  its  passage. 

,         SAMUEL  McNUTT,  Chairman. 

BBSOLUTIONS  LAID  OVBB  UNDBB  THE  BULE. 

• 

The  following  resolution  offered  yesterday  by  Mr.  Wilson  of 
Dubuque,  was  taken  up : 

Re»dvedj  That  tlie  Attorney  General  be  requested  to  give  to 
the  House  of  Representatives  his  opinion  whether  there  is  any 
law  now  in  force  providing  for  the  salaries  of  the  Judges  of  the 
Supreme  Court,  and  also,  whether  there  exists  any  constitutional 
impediment  to  the  passage  of  an  act  by  the  present  General  As- 
sembly giving  the  said  Judges  a  greater  salary  than  that  which 
they  now  receive. 

Mr.  Sapp  moved  to  amend  by  inserting  after  the  words  "  Judges 
ot  the  Supreme  Court,"  "  and  Judges  of  the  District  Courts." 

The  motion  to  amend  prevailed,  and  the  resolution  as  amended 
was  adopted. 

INTBODUOTION   OF  BILLS. 

Mr.  Gamble  introduced  House  File  No.  54,  A  bill  for  an  act 
providing  for  a  change  of  venue  in  preliminary  examinations  be- 
fore a*  Justice  of  the  Peace. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Ju- 
diciary. 


102  JOURNAL  OP  THB 

Mr.  Thomson  introduoed  House  File  No.  55,  A  bill  for  an  act 
to  change  the  manner  of  electing  Township  Trustees,  and  the 
length  of  time  they  shall  remain  in  office. 

Bead  a  first  and  second  timo  and  referred  to  Committee  on 
County  and  Township  Organization. 

Mr.  Kogers  introduced  House  File  Ko.  5G,  A  bill  for  an  act  to 
amend  the  law  in  relation  to  the  competency  of  witnesses. 

Bead  first  and  second  times  and  referred  to  Committee  on  Ju- 
diciary. 

Mr.  Wilson,  of  Dubuque,  introduced  House  File  No.  57,  A  bill 
for  an  act  to  authorize  the  Board  of  Supervisors  to  compromise 
certain  judgments  in  favor  of  the  State. 

Bead  first  and  second  times  and  referred  to  Committee  on  Ju- 
diciary. 

Mr.  Bennett  introduced  House  File  No.  58,  A  bill  for  an  act  to 
amend  Chap.  16>of  the  Bevision  of  1860. 

Bead  first  and  second  times. 

Mr.  Hale  moved  to  suspend  the  rule  and  put  the  bill  upon  its 
passage. 

Mr.  McKean- moved  to  refer  to  Committee  on  Judiciary. 

Mr.  Finkbine  moved  to  amend  the  motion  to  refer,  by  request- 
ing the  committee  to  enquire  into  the  expediency  of  passing  a  law 
Eroviding  for  the  limitation  of  the  number  of  Notaries  Public  to 
e 'appointed  in  each  county  in  proportion  to  the  number  of  in- 
habitants, and  providing  further  for  the  revocation  of  the  commis- 
sions of  all  Notaries  Public  on  a  certain  day. 

Mr.  Tracy  moved  to  amend  by  striking  out  the  clause  limiting 
the  number  of  Notaries  Public. 

The  motion  to  amend  was  lost. 

Mr.  Finkbine's  motion  was  lost. 

The  bill  was  referred  to  the  Committee  on  Judiciary. 

Mr.  Brown,  of  Madison,  introduced  House  File  No.  59,  A  bill 
for  an  act  to  prevent  the  importation,  running  at  large,  and  sale  of 
horses  being  disease<}  with  gleet  or  glanders. 

Bead  first  and  second  times,  and  referred  to  Committee  on  Agri- 
culture. 

RESOLUTIOKS. 

Mr.  Sapp  offered  the  following  resolution  : 

liesolvedj  That  the  Secretary  of  State  be  directed  to  furnish  to 
the  members  of  this  House  the  same  amount  of  postage  furnished 
to  the  members  of  the  Senate. 

Mr.  Safely  proposed  to  amend  by  striking  out  all  after  the  word 
"resolved,"  and  insert  thereafter  the  words  "all  members  who  do 
not  at  present  receive  sufficient  postage  shall  receive  an  additional 
dollar  in  stamps.*' 

Mr.  Bogers  moved  the  previous  question,  which  was  seconded, 


HOUSE  OP  RKPfOBSENTATIVES.  103 

and  the  qneation  "  Shall  the  main  question  be  bow  put,'^  was  de- 
cided in  the  affirmative. 

The  question  being  upon  Mr.  Safely^s  amendment,  it  was  lost. 

The  question  recurring  upon  the  original  resolution,  the  yeas 
and  nays  were  ordered,  and  were  as  follows  : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Barker,  Bahl,  Belt,  Boomer,  Bolter,  Brown  of  Decatur, 
Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Buck,' 
Burnett,  Carbee,  Conway,  Crawford,  DeForest,  Dudley,  Fellows, 
Fry,  Grarable,  Gaylord,  Gary,  Garber,  Glasgow,  Goodrich,  Hale, 
Hand,  Huggins,  Joy,  Knox,  Leffingwell,  Martin,  Maxwell,  Mc- 
Pherson,  McNutt,  McCuUough,  Mills,  Olmstead,  Palmer,  Runyan, 
Ryan,  Sapp,  Sipple,  Tracy,  Thorn,  Van  Leuven,  Wilcox,  Wright, 
Wilson  of  JDubuque,  William^  of  Des  Moines,  Wilson  of  Marshall 
-55. 

The  nays  were  Messrs.  Bereraan,  Bennett,  Brown  of  Winne- 
shiek, Clark,  Close,  Comfort,  Dashiel,  Dwelle,  Emery,  Finkbine, 
Flanders,  Garrett,  Graves,  Griffith,  Knapp,  Landes,  Linderman, 
Lowdon,  McLaughlin,  Mc£ean,  Morgan,  Poindexter,  Rogers, 
Rohlfs,  Russell,  Safely,  Serrin,  Sherman,  Thacher,  Travis,  Tisaale, 
Thomson,  Walden,  West,  Wilson  of  Jackson,  Williams  of  Win- 
neshiek, Mr.  Speaker — 37. 

Absent  and  not  voting,  Messrs.  Darwin,  Godfrey,  Holmes, 
Holden,  O'Brien  and  Stockman — 6. 

The  resolution  was  adopted. 

By  leave,  Mr.  Poindexter  introduced  House  File  No.  60,  A  bill 
for  an  act  to  amend  Section  4220,  of  Chapter  165,  of  the  revison 
of  1860. 

Read  first  and  second  time,  and  referred  to  Committee  on  Judi- 
ciary. 

Mr.  Maxwell  introduced  the  following  resolution,  which  was 
adopted  : 

Resolved^  That  the  Committee  on  Printing  be  instructed  to  in- 

2 aire  what  steps  are  necessary  to  procure  the  publication  of  the 
rovernor's  biennial  message  and  inaugural  address,  into  the  several 
languages  into  which  it  has  been  ordered  to  be  published  by  this 
House,  and  report  bv  bill  or  otherwise. 

Mr.  Hale  introduced  the  following  resolution,  which  was 
adopted : 

Resolved^  That  the  Committee  on  Agriculture  be  instructed  to 
inquire  into  the  expediency  of  enacting  a  law  regulating  the 
quantity  of  toll  to  be  charged  or  taken  by  grist  and  flouring 
mills  in  this  State,  and  to  report  by  bill  or  otherwise. 

Mr.  Rogers  oflTered  the  following  resolution,  which  was  laid  over 
under  the  rule : 

Reiolved^  That  the  order  of  business  of  the  day  as  fixed  by  Rule 
10th,  be  changed  so  as  to  place  ^'  Bills  and  resolutions  read  a 
second  time,"  fourth  instead  of  seventh  on  the  list,  and  "  Bills  on 


104  JOURNAL  OF  THE 

their  passage,''  fifth  instead  of  eighth  on  the  list,  and  that  the  num- 
bers of  the  other  classes  of  business  be  changed  so  as  to  make 
them  conform  to  this  resolation. 

Mr.  Clark  moved  that  when  the  House  adjourn  it  be  until  to- 
morrow morning,  at  ten  o'clock.     Carried. 

Mr.  McNutt  offered  the  following  resolution  : 

Resolved  by  the  General  Assembly  of  the  State  of  loioa^  That 
the  Secretary  of  State  be  instructed  to  furnish  the  members  of  the 
present  General  Assembly,  the  President,  Secretary,  and  Clerk  of 
the  Senate,  the  Clerksof  the  House  of  Representatives,  and  the 
Reporters,  Postmasters,  and  Sergeant-at-Arms  of  both  branches  of 
this  General  Assembly,  with  a  copy  of  all  the  reports  of  the  Su- 

f)reme  Court  of  this  State,  now  on  hand,  or  which  shall  be  pub- 
ished  during  the  present  term  of  office  of  the  members  of  this 
General  Assembly. 

McNUTT,  Muscatine  County. 

Mr.  Emery  moved  to  adjourn.     Lost. 

Mr.  Bereman  moved  to  amend  by  adding,  "  Providei  that  the 
sum  of  four  dollars  be  paid  for  each  volume  of  such  reports,  by 
each  person  receiving  them."     Lost. 

Mr.  Williams,  of,  Winneshiek,  moved  the  previous  question, 
which  was  seconded,  and  the  question  "  Shall  the  main  question 
be  now  put,"  was  decided  in  the  affirmative. 

On  the  passage  of  the  resolution  the  yeas  and  nays  were  de- 
manded, and  were  as  follows  : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Bahl,  Boomer,  Bolter,  Brown  of  Louisa,  Brown  of  Madi- 
son, Brown  of  Van  Buren,  Brown  of  Winneshiek,  Buck,  Close, 
Conway,  Dudley,  Emery,  Fellows,  Flanders,  Fry,  Gamble,  Gay- 
lord,  Gary,  Garber,  Glasgow,  Goodrich,  Graves,  Hale,  Hand, 
Holmes,  Huggins,  Joy,  Knapp,  Knox,  Landes,  Leffingwell,  Mar- 
tin, Maxwell,  McPherson,  McNutt,  McCullough,  McKean,  Mills, 
Morgan,  O'Brien,  Olmstead,  Palmer,  Rohlfs,  Russell,  Ryan,  Ser- 
rin,  Sipple,  Tracy,  Tisdale,  Thomson,  Thorn,  Van  Leuven,  Wal- 
den.  West,  Wilcox,  Wright,  Wilson  of  Dubuque,  Williams  of  Des 
Moines,  Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker 
—66. 

The  nays  were  Messrs.  Belt,  Bereman,  Bennett,  Brown  of  De- 
catur, Burnett,  Clark,  Comfort,  Crawford,  Dashiel,  DeForest, 
Dwelle,  Finkbine,  Garrett,  Griffith,  Linderman,  Lowdon,  Mc- 
Laughlin, Poindexter,  Rogers,  Runyan,  Safely,  Sherman,  Thacher, 
Travis,  Wilson  of  Jackson — 25. 

Absent  and  not  voting,  Messrs.  Barker,  Carbee,  Darwin,  God- 
frey, Holden,  Sapp  and  Stockman — 7. 

So  the  resolution  was  adopted. 

On  motion  of  Mr.  Buck  the  House  adjourned. 


HOUSE  OF  REPRET8ENATIVE8.  105 


Hall  of  House  op  Representatives,  ) 
Des  Moines,  January  19,  1866.      j 

Ilouse  met  pursuant  to  adjournment. 

Speaker  in  the  Chair. 

Prayer  by  Rev.  Mr.  Gaston. 

Joarnal  of  yesterday  read  and  approved. 

The  resolution  concerning  a  change  of  county  government  being 
the  special  order  for  the  hour,  Mr.  McNutt  moved  to  postpone  the 
special  order  until  next  Tuesday  at  It  o'clock.     Carried. 

PETITIONS. 

Mr.  McNatt  presented  a  petition  from  Alexander  Clark  and 
others,  members  of  the  First  Iowa  (colored)  Regiment,  praying  for 
an  amendment  to  the  Constitution  to  allow  colored  persons  the 
right  of  suffrage.     Laid  on  the  table. 

The  same  gentleman  presented  a  similar  petition  from  colored 
citizens  of  Muscatine  county ;  also  a  similar  petition  from  Jacob 
Bntler  and  236  others.    Laid  on  the  table. 

Mr.  Gary  presented  a  petition  from  David  Duncan  and  others 
asking  for  the  repeal  of  Sections  1  and  2  of  Chap.  143  of  Revision 
of  1860,  concerning  the  manufacture  of  wine  and  beer. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Wilson,  of  Jackson,  presented  a  petition  and  resolution  from 
the  Board  of  Supervisors  of  Jackson  county  concerning  the  Ma- 
'iooketa  river.  ♦ 

Referred  to  Committee  on  Commerce. 

Mr.  Burnett  presented  a  petition  from  S.  L.  Burnham  and  oth- 
ers asking  for  the  passage  of  an  act  requiring  officers  of  the  State 
to  subscribe  to  an  oath  that  they  will  not  use  intoxicating  bever- 
ages during  their  term  of  office. 

Referred  to  Committee  on  Constitutional  Amendments. 

Mr.  Burnett  presented  a  memorial  from  Hon.  R.  P.  Lowe  and 
other  officers  of  the  Iowa  Soldiers'  Orphans'  Home. 

Read  and  referred  to  Committee  on  Soldiers'  Orphans'  Home. 

On  motion  of  Mr.  McCnllou^h  Mr.  McPherson  was  excused 
from  attendance  until  next  Tuesday. 

BEPOBTS  OF  COMMITTEES. 

The  Committee  on  Military  Affairs  offered  the  following  report : 
Tour  Committee  on  Military  AiSairs  to  whom  was  referred  the 
petition  of  Adjutant-Genertd  ^.  B.  Baker,  claiming  compensation 
for  services  as  Acting  .Quarmaster-General,  have  had  the  same  un- 
der consideration  and  have  instructed  me  to  report  the  same  back 
to  the  House  with  the  recommendation  that  N.  B.  Baker  be  al- 
14 


106  JOURNAL  OP  THE 

lowed  compensation  for  such  services,  at  the  rate  of  $300  per 
annum  from  the  25th  of  July,  1861,  to  the  18th  of  January,  1866, 
amounting  to  $1,340. 

S.  L.  GLASGOW,  Chairman. 

On  motion  of  Mr.  Glasgow,  the  claim  was  referred  to  Commit- 
tee on  Ways  and  Means,  with  instructiods  to  include  ^the  amount 
in  the  general  appropriation  bill. 

The  Committee  on  Claims  offered  the  following  report  which 
was  received  and  reference  made  as  recommended  : 

The  Committee  on  Claims  to  whom  was  referred  the  claim  of 
Adjutant-Genieral  N.  B.  Bak^r,  for  commutation  of  fuel  and  rooms, 
amounting  to  $491.63,  beg  leave  to  report  that  they  have  had  the 
same  under  consideration  and  have  instructed  me  to  report  the 
same  back  to  this  House  with  the*  recommendation  that  the  same 
be  allowed,  and  that  said  claim  be  referred  to  the  Committee  on 
Ways  and  Means  with  instructions  to  make  provisions  for  the  pay- 
ment of  the  same  in  the  general  appropriation  bill. 

J.  D.  GAMBLE. 

The  Committee  on  Claims  presented  the  following  report : 

The  Committee  on  Claims  to  whom  was  referred  the  claim  of 
the  Chicago  and  Alton  Railroad  Company  for  transportation  of 
Iowa  Volunteers,  amounting  to  $18.18,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration,  and  have  instructed 
me  to  report  the  same  back  to  this  House  with  the  recommenda- 
tion that  said  claim  be  allowed,  and  that  said  claim  be  referred  to 
the  Committee  on  Ways  and  Means,  with  instructions  to  make 
provisions  for  the  payment  of  the  same  in  the  general  appropria- 
tion bill. 

J.  D.  GAMBLE. 

The  report  of  the  Committee  was  concurred  in. 

The  Committee  on  County  and  Township  Organization  offered 
the  following  report  which  was  concurred  in  : 

The  Committee  on  County  and  Township  Organization  to  whom 
was  referred  House  File  No.  32,  A  bill  for  an  act  providing  that 
County  Judges  shall  keep  a  fee  book,  have  directed  me  to  report 
the  same  back,  recommending  that  it  be  referred  to  the  Commit- 
tee on  Judiciary. 

RDNTAN,  Chairman. 

The  Committee  on  County  and  Township  Organization  present- 
ed the  following  report : 

The  Committee  on  County  and  Township  Organization  to  whom 
was  referred  House  File  No.  55,  A  bill  for  an  act  to  change  the 
manner  of  electing  Township  Trustees,  and  the  length  of  time 
they  shall  remain  in  office,  have  directed  me  to  report  it  back  rec- 
ommending its  passage. 

RUNYAN,  Chairman. 

The  Committee  on  Ways  and  Means  presented  the  following 
report : 


HOUSE  OF  REPRESENTATIVES.  107 

Mb.  Speaker  : — The  Committee  on  "Ways  and  Means  to  whom 
was  referred  House  File  No.  41,  **  A  bill  far  an  act  to  aathorize 
the  Board  of  Supervisors  of  the  several  counties  in  this  Stat^  to 
appropriate  a  portion  of  the  relief  fund  of  their  respective  counties, 
to  the  payment  of  the  county  indebtedness, "  have  had  the  same 
nnder  consideration,  and  have  instructed  me  to  report  the  same 
back  to  the  House,  recommending  its  indefinite  postponement, 
its  purposes  in  their  opinion  being  reached  by  the  provisions  of 
House  File  No.  35. 

FINKBINE,  Chairman. 

The  Committee  on  Ways  and  Means,  presented  the  following 
report: 

Mr.  Speaker  : — The  Committee  on  Ways  and  Means,  to  whom 
was  referred  House  File  No.  35,  "A  bill  for  an  act  to  amend 
Chapter  89,  of  acts,  of  the  Tenth  Genereal  Assembly"  have  had 
the  same  under  consideration,  and  have  instructed  me  to  report 
the  same  back  to  this  House,  recommending  its  passage. 

FINKBINE,  Chairman. 

The  Committee  on  Claims  presented  the  following  report : 

The  Committee  on  Claims,  to  whom  was  referred  the  claim  of 
Robert  E.  Ridley,  for  three  hundred  and  twenty,  ($320.00)  dollars 
for  lumber  furnished  in  the  building  of  a  stockade  at  Estherville, 
beg  leave  to  respectfully  report  that  they  have  had  the  bill  under 
ooDsideration,  and  have  instructed  me  to  report  the  same  back  to 
-  the  House,  and  recommend  that  the  sum  of  two  hundred  and  sixty 
1260.00)  dollars  be  allowed,  and  referred  to  the  Committee  on 
Wajs  and  Means,  with  instructions  that  they  provide  for  the  pay- 
ment of  the  same  in  a  general  appropriation  bill. 

HOWARD  GRAVES,  for  Committee  on  Claims. 

The  report  of  the  committee  was  concurred  in,  and  the  claim  so 
referred. 

The  same  committee  presented  the  following  report : 

The  Committee  on  Claims,  to  whom  was  referred  the  claim  of 
R.  A.  Smith,  of  four  hundred  and  fifty-two  ($452,00)  dollars,  for 
lumber  furnished  in  building  stockade  at  Spirit  Lake,  beg  leave  to 
report,  that  they  have  had  the  bill  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House,  and  recom- 
loeud  that  said  claim  be  allowed,  and  that  it  be  referred  to  the 
committee  on  Ways  and  Means,  with  instructions  that  the  same  be 
provided  for  in  a  general  appropriation  bill. 

HOWARD  GRAVES,  for  Com.  on  Claims. 

Mr.  Maxwell  moved  to  refer  the  claim  to  a  Select  Committee,  of 
which  Mr.  Russell  should  be  Chairman. 

Mr.  Safely  moved  to  recommit  the  claim  to  the  Committee  on 
Claims.    Carried. 

The  Committee  of  J  ndiciary  presented  the  following  report : 

The  Committee  on  the  Judiciary,  to  whom  was  referred  House 
File  No.  49,  A  bill  for  an  act  providing  compensation  for  Attor- 


108  JOURNAL  OP  THE 

neys  in  State  caee,  has  had  the  same  under  consideration  and  they 
have  instructed  me  to  report  the  same  back  to  this  House,  and 
recommend  that  it  do  not  pass. 

WM.  HALE,  Chairman. 
The  same  committee  presented  the  following  report : 
The  Committee  on  the  Judiciary,  to  whom  was  referred  House 
File  No.  30,  A  bill  for  an  act  extending  the  powers  of  the  Audi- 
tor of  State,  have  had  the  same  under  consideration,  and  they 
have  instructed  me  to  report  the  same  back  to  this  House,  with  the 
recommendation  that  it  do  pass. 

WM.  HALE,  Chairman. 
The  same  committee  presented  the  following  report : 
The  Committee  on  the  Judiciary  to  whom  was  referred  the  pre-     , 
amble  and  resolutions  of  the  Board  of  Snpervist^rs  of  Johnson 
County  in  relation  to  giving  owners  of  property  notice  of  the  as- 
sessed value  of  their  property  before  the  June  meeting   of  the 
Board  in  each  year,  have  had  the  same  under  consideration,  and 
they  have  instructed  me  to  report  the  same  back  to  the  House, 
with  a  request  that  it  be  referred  to  the  Committee  on  Ways  and 
^ucans  * 

WM.  HALE,  Chairman. 
The  same  committee  presented  the  following  report : 
The  Committee  on  Judiciary  to  whom  was  referred  the  petition 
of  the  citizens  of  Henry  county  praying  for  the  passage  of  a  law 
to  prevent  incorporated  towns  from  levying  ana  collecting  city  • 
taxes  on  farms  or  lands  lying  within  the  corporate  limits  of  such 
cities  and  not  laid  out  in  town  lots,  have  had  the  same  under  con- 
sideration and  they  have  instructed  me  to  report  the  same  back  to 
the  House  and  recommend  that  the  prayer  of  the  petitioners  be 
not  granted,  inasmuch  as  what  they  desire  is  now  the  well  settled 
law  on  that  subject. 

WM.  HALE,  Chairman. 
The  same  Committee  presented  the  following  report : 
The  Committee  on  Judiciary  to  whom  was  referred  House  File    , 
No.  19,  A  bill  for  an  act  to  amend  the  law  in  reference  to  the  ex- 
ecution of  judgments  for  the  foreclosure  of  mortgages,  have  had 
the  same  under  consideration,  and  they  have  instructed  me  to  re- 
port the  same  back  to  the  House,  with  a  recommendation  that  it 
do  pass. 

WM.  HALE,  Chairman. 
The  following  message  was  received  from  the  Senate  : 
Mb.  Speakeb  : — I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  passed  Senate  File  No.  4,  A  bill  for  an  act  to 
provide  for  the  early  distribution  of  certain  laws,  in  which  the  con- 
currence of  the  House  is  respectfully  asked. 

JAMES  M.  WEAKT,  Asst.  Secretary. 


HOUSE  OP  REPRESENTATIVES.  109 

BE80LUTI0NS   LAID   OVER. 

The  following  resolution  oflfered  yesterday  by  Mr.  Rogers,  was 
taken  np. 

Resolved^  That  the  order  of  business  of  the  day,  as  fixed  by 
rale  10th,  be  changed  so  as  to  place  "  bills  and  resolutions  read  a 
I  second  time,"  4th  instead  of  7th  on  the  list,  and  "  bills  on  their 
passage  "  5th  instead  of  8th  on  the  list,  and  that  the  numbers  of 
the  otoer  classes  of  business  be  changed  so  as  to  make  them  con- 
form to  this  resolution. 

Mr.  Fry  moved  to  amend  by  striking  out  all  after  the  word  "re- 
solved "  and  inserting  thereafter  the  words  "  That  the  order  of 
bosiness  shall  be  taken  up  every  morning  where  the  House  left  off 
each  preceding  adjournment." 

The  amendtnent  prevailQd,  and  the  resolution  as  amended,  was 
adopted. 

INTRODUCTION  OF  BILLS. 

Mr.  Bolter  introduced  House  File  No.  61,  A  bill  for  an  act  to 
provide  for  the  collection  of  taxes  by  township  collectors. 

Bead  first  and  second  time. 

Mr.  Knox  moved  to  lay  the  bill  on  the  table.     Lost. 

Mr.  Boomer  moved  to  refer  to  the  Committee  on  Ways  and 
Means,  and  print. 

Mr.  Bereman  called  for  a  division  of  the  question,  and  the  mo- 
tion to  refer  prevailed. 

The  motion  to  print  prevailed. 

Mr.  (JIark  introduced  House  File  No.  62,  A  bill  for  an  act  to 
amend,  and  explanatory  of  Section  1,  Chaptdr  118,  of  the  Acts  of 
the  Tenth  General  Assembly,  approved  March  19,  1864. 

Read  first  and  second  time,  and  referred  to  the  Committee  on 
Judiciary. 

Mr.  Bolter  introduced  House  File  No.  63,  "  A  bill  for  an  act  to 
\     secure  to  certain   persons,   residents  of   Harrison   County   their 
f      homes  at  the  price' of  $1.25  per  acre,  of  lands  known  as  the  excess 
500,000  acre  grant. " 

Read  a  firs^  and  second  times,  and  referred  to  Select  Committee 
of  Messrs.  Bolter,  Sapp  and  Comfort. 

Mr.  Mills  introduced  House  File  No.  64,  A  bill  for  an  act  to 
change  tlie  humber  and  manner  of  electing  County  Supervisors. 

Read  a  first  and  second  times,  and  referred  to  Committee  of 
County  and  Township  Organization,  and  ordered  printed. 

Mr.  WilcDx  introduced  House  File  No.  65,  A  bill  for  an  act  to 
amend  Chapter  159,  laws  of  1862,  entitled  an  act  to  require  officers 
of  Railroad  Companies  to  reside  within  the  State,  and  defining 
their  duties,  approved  April  8th,  1862. 

Read  a  first  and  second  times,  and  referred  to  Committee  on 
Railroads. 


110  JOURNAL  OP  THE 

•^/Mrr Glasgow  introduced  House  File  No.  66,  "A  bill  for  an  act 
16  provide  for  the  distribution  of  the  Adjutant  tJeneral's  report  of 
January  1st,  1866. 

Bead  a  first  and  second  time,  and  on  motion  of  Mr.  Rogers,  re- 
ferred to  Committee  on  Printing. 

Mr.  Poindexter  introduced  House  File  No.  67,  A  bill  for  an  act 
to  amend  Section  768  of  Chapter  45,  of  the  revision  of  1860. 

Read  a  first  and  second  time,  and  referred  to  Committee  on 
Ways  ond  Means. 

Mr.  Sapp  moved  that  when  the  House  adjourn  it  be  until  to 
morrow  morning  at  9^  o'clock. 

Mr.  Thomson  moved  to  amend  by  striking  9i  and  inserting  9. 

Mr.  Rogers  moved  to  amend  the  amendment  by  striking  out  9 
and  inserting  10. 

The  amendment  to  the  amendment  prevailed. 

Mr.  Gamble  moved  to  amend  by  striking  out  "  to-morrow  morn- 
ing "  and  inserting  Monday  morning.     Lost. 

The  motion  as  amended  prevailed. 

By  leave,  Mr.  Hale  introduced  the  following  resolution  : 

Hesolved  iy  the  Hou%e  of  JRepreseniatives^  me  Senate  concurring^ 
That  the  Joint  Committee  appointed  to  investigate  the  alleged  di- 
version of  the  Swamp  Land  Indemnity  Fund,  be  and  the  same  is 
hereby  empowered  to  have  the  testimony  taken  before  it,  and  such 
other  matter  as  it  may  deem  proper,  printed  at  any  time  it  may 
deem  proper  to  do  so. 

Mr.  Hale  moved  to  amend  by  adding  "  and  that  1,000  copies  be 
printed  for  the  use  of  the  General  Assembly. 

Mr.  Rogers  moved  to  amend  the  amendment  by^striking  out 
"1,000,  "  and  inserting  "  500.  " 

Mr.  P'jindexter  moved  the  previous  question,  which  was  sec- 
onded, and  the  question  "  shsdl  the  main  question  be  now  put,'" 
was  decided  in  the  affirmative. 

The  question  being  upon  the  motion  of  Mr.  Rogers,  it  was  lost. 
'  The  question  recurring  upon  the  amendment  of  Mr.  Hale,  it 
carried. 

The  resolution  was  adopted. 

Mr.  Clark  presented  the  claim  of  Des  Moines  Coal  Company 
for  $78.96. 

Referred  to  Committee  on  Claims. 

Messrs.  Abbott,  Serrin,  and  Brown  of  Madison,  were  granted 
leave  of  absence  until  Tuesday. 

Mr.  Gaylord  presented  a  preamble  and  Joint  Resolution  of  the 
General  Assembly  of  the  State  of  Iowa,  to  the  Congress  of  the 
United  States,  in  relation  to  Public  Lands  granted  for  the  con- 
struction of  certain  Railroads. 

Referred  to  a  select  Committee,  consisting  of  Messrs.  Tlsdale, 
Leffingwell,  Gaylord,  Brown  of  Winneshiek,  and  Joy. 


HOUSE  OF  BBPREBBNTATIVES.  HI 

APPOINTMENT   OF  COMMITTEES.  '<  '      •  /* 

The  Speaker  appointed  the  following  standing  Committees  in 
accordance  with  instractions  of  resolution  : 

On  Commerce — Wilcox,  Williams  of  Winneshiek,  Dndly,  West, 
O'Brien,  Goodrich,  and  Jiurnett. 

Iowa  Soldiers^  Orphans^  JSome — Messrs.  Burnett,  Thomson, 
Barnes,  Sipple,  Abernethy,  Walden,  and  Bereman. 

On  motion  of  Mr.  Thomson,  the  House  adjournedv 


Hall  of  House  of  Kepbbsentatiybs,  ) 
Des  Moines,  Jan.  20,  1866.      f 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Eev.  A.  D.  Kellison. 

Journal  of  yesterday  read  and  approved. 

Mr.  Bolter  moved  to  reconsider  the  vote  by  which  the  report  of 
the  Committee  on  the  alleged  diversion  of  the  Swamp  Land  In- 
demnity Fand  was  ordered  printed.    Lost. 

Mr.  Gamble  asked,  and  obtained  leave  of  absence  for  Mr.  Yan- 
Leaven  for  one  week. 

Mr.  Sherman  moved  to  reconsider  the  motion  by  which  the  re- 
port of  the  Military  Committee,  on  the  claim  of  N.  B.  Baker  as 
Acting  Quartermaster-General  of  Iowa  was  referred  to  the  Com- 
mittee on  Ways  and  Means  with  instructions.     Carried. 

The  motion  then  recurring  upon  the  motion  of  Mr.  Glasgow  to 
refer  the  claim  to  the  Committee  on  Ways  and  Means  with  in- 
stractions. 

Mr.  Maxwell  moved  to  amend  by  referring  the  claim  to  that 
committee  without  instructions,  which  amendment  was  accepted. 

Mr.  Dashiel  moved  to  amend  by  striking  out  ^^  Ways  and 
Means,"  and  inserting  "  Military  Affairs." 

Mr.  Sapp  moved  to  amend  the  amendment  by  referring  the 
whole  subject  to  the  Committee  on  Compensation  of  Public  OflS- 
cers. 

The  amendment  to  the  amendment  prevailed. 
The  amendment  as  amended  was  adopted. 
The  reference  as  amended  was  adopted. 

special  obdsb. 

The  following  resolution,  introduced  by  Mr.  Sherman,  was  taken 
up: 

i 


112  JOURNAL  OF  THE 

liesolved^  That  the  House  hold  but  one  session  on  each  day,  and 
that  House  rule  No.  41  be  amended  to  read  "  The  hour  to  which 
the  House  shall  stand  adjourned  from  day  to  day  shall  be  ten 
o'clock  A.  M.J  unless  otherwise  ordered." 

Mr.  Tracy  moved  to  lay  the  resolution  on  the  table.     Carried. 

INTBODUCTrON  OF  BILLS. 

Mr.  Hand  introduced  House  File  No.  68,  A  bill  for  an  act  to 
repeal  Section  14,  of  Chapter  148,  of  the  laws  of  the  Ninth  Gen- 
eral Assembly  ot  the  State  of  Iowa, 

Bead  lirst  and  second  time,  and  referred  to  Committee  on 
Schools. 

Mr.  Walden  introduced  House  File  No.  69,  A  bill  for  an  act 
making  provision  for  the  settlement  of  all  liabilities  of  the  State 
or  State  University  growing  out  of  the  sale  of  certain  lands  in 
Appanoose  county  sold  as  saline  lands. 

Read  first  and  second  time,  and  referred  to  Committee  on  Pub- 
lic Lands. 

Mr.  McCullough  introduced  House  File  No.  70,  A  bill  for  an 
act  relating  to  persons  who  are  liable  to  work  the  roads. 

Read  first  and  second  time,  and  referred  to  Committee  on  Roads 
and  Highways. 

Mr.  Sapp  introduced  House  File  No.  71,  A  bill  for  an  act  regu- 
lating appeals  to  the  Supreme  Court  in  certain  cases. 

•Read  first  and  second  time,  and  referred  to  Committee  on 
Judiciary. 

Mr.  Brown  of  Louisa  introduced  House  File  No.  72,  A  bill  for 
an  act  to  prevent  the  spreading  of  contagious  diseases  among 
swine. 

Read  first  and  second  time,  and  referred  to  Committee  on  Agri- 
culture. 

Mr.  Fry  introduced  House  File  No.  73,  A  bill  for  an  act  to 
amend  Section  312,  of  the  Revision  of  1860,  in  relation  to  building 
bridges. 

Read  first  and  second  time,  and  referred  to  Committee  on  Coun- 
ty and  Township  Organization. 

Mr.  Leffingwell  introduced  House  File  No.  74,  A  bill  for  an  act 
to  amend  an  act  entitled  Common  Schools. 

Read  first  and  second  times,  and  referred  to  Committee  on 
Schools. 

Mr.  Wilson,  of  Jackson,  introduced  House  File  No.  75,  A  bill 
for  an  act  to  amend  Sec.  3362  of  the  Revision  of  1860  in  relation 
to  administering  oaths  to  appraisers. 

Read  first  and  second  times,  and  referred  to  Committee  on  Ju- 
diciary. 

Mr.  Conway  introduced  House  File  No.  76,  A  bill  for  an  act  to 
amend  Chap.  28  Revision  of  1860  in  reference  to  County  Surveyors. 


HOUSE  OP  REPRBSENTATIVEa  1]  3 

Read  first  and  second  times,  and  referred  to  Committee  on  Ja- 
diciary. 

Mr.  Brown  of  "Winneshiek,  introduced  Honse  File  No.  77,  A 
bill  fur  an  act  prohibiting  persons  from  harboring  estray  animals 
without  advertising  the  same. 

Read  first  and  second  times,*  and  referred  to  the  Committee  on 
Agriculture. 

Mr.  Sipple  introduced  House  File  No.  78,  A  bill  for  an  act  au- 
thorizing recorders  to  make  out  complete  or  general  indexes  to  rec- 
ords of  deeds  and  mortgages  and  to.  procure  and  use  seals. 

Read  first  and  secona  time,  and  referred  to  the  Committee  on 
Jodiciary. 

Mr.  Comfort  introduced  House  File  No.  79,  A  bill  for  an  act  to 
amend  Section  799,  Revision  of  1860,  relating  to  registered  letters, 
containing  county  treasurer's  monthly  report  to  the  Auditor  ofi 
State. 

Read  first  and  second  time,  and  referred  to  the  Committee  on 
Ways  and  Means. 

Mr.  DeForest  introduced  House  File  No.  80,  A  bill  for  an  Act 
to  repeal  Chapter  41  of  the  Acts  of  the  Fifth  General  Assembly, 
entitled  an  act  to  encourage  agriculture  and  mechanic  arts  in  John- 
eon  county,  approved  January  20th,  1856. 

Read  first  and  second  time,  and  referred  to  the  Committee  on 
Agricoltnre. 

^  RESOLUTIONS. 

Mr.  Flanders  offered  the  following  resolution,  and  moved  its 
adoption : 

Resolved  hy  the  House  of  Representatives^  That  the  Select  and 
Standing  Committees  of  this  House,  in  reference  to  such  bills  as 
have  been  already  or  may  hereafter  be  referred  to  them,  contain- 
ing the  name  of,  the  "  Iowa  Statesman  "  as  one  of  the  papers  in 
which  they  are  to  be  published  before  taking  effect  as  laws,  be  in- 
structed to  strike  out  of  all  such  bills,  "  Iowa  Statesman,"  and  in- 
sert "  Iowa  Homestead,"  before  reporting  any  of  said  bills  back 
to  thiB  House  for  passage. 

Mr.  Rogers  moved  the  previous  question,  which  was  not  sec- 
onded. 

Mr.  Fellows  moved  to  postpone  the  consideration  of  the  resolu- 
tion until  July  4th,  1866. 

On  this  question  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yeas  were  Messrs.  Alcorn,  Ballinger,  Barker,  Bahl,  Belt, 
Bennett,  Brown  of  Decatur,  Brown  of  Winneshiek,  Buck,  Burnett, 
Carbee,  Crawford,  DeForest,  Dwelle,  Emery,  Fellows,  Finkbine, 
Garrett,  Garber,  Holmes,  Knox,  Leflin^well,*  Lowdon,  Martin, 
McPherson,  McNutt,  Mills,  Morgan,  O'Brien,  Bagers,  Eunyan, 
15 


114  JOURNAL  OP  THE 

Enssell,  Safely,  Sherman,  Sipple,  Thacher,  Travis,  ThomBon, 
Walden,  Wilcox,  Wright,  Wilson  of  Dubuque,  Williams  of  Des 
Moinee,  Wilson  of  Jackson,  Mr.  Speaker — 45. 

The  nays  were  Messrs.  Abernetbv,  Abbott,  Barnes,  Bereman, 
Boomer,  Bolter,  Brown  of  Louisa,  Brown  of  Van  Bureu,  Clark, 
Close,  Comfort,  Conway,  Dashiel,  Dudley,  Flanders,  Fry,  Gamble^ 
Gaylord,  Gary,  Glasgow,  Goodrich,  Graves,  Grijffith,  Hand,  Hug- 

fins,  Joy,  Knapp,  Landes,  Linderman,  McCuUough,  McLaughlin, 
[cKean,   Olmstead,.  Palmer,  Poindexter,   liohlfs,   Kyan,   Sapp, 
Tracy,  Tisdale,  Thorn,  West,  Wilson  of  Marshall— 43. 

Absent  and  not  voting,  Messrs.  Brown  ot  Madison,  Darwin, 
Godfrey,  Hale,  Holden,  Maxwell,  Serrin,  Stockman,  Yan  Lenven 
and  Williams  of  Winneshiek — 10. 

So  the  further  consideration  of  the  resolution  was  postponed 
until  July  4th,  1866. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate : 

Mr.  Speaker  : — I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  passed  House  File  Noi  4,  A  bill  for  an  act  to 
legalize  the  action  of  the  Board  of  Directors  of  the  independent 
district  of  the  city  of  Muscatine,  in  the  c6unty  of  Muscatine  and 
State  of  Iowa,  without  amendment. 

Also  House  File  No.  42,  A  bill  for  an  act  making  appropriation 
for  two  Lawsott  heaters,  pipes  and  registers,  furnished  and  put  up 
in  the  capitol  building,  without  amendment. 

JAMES  M.  WEART,  Ass't  Secretary. 

Mr.  Brown,  of  Winneshiek,  offered  the  following  resolution, 
which  was  adopted : 

Hesolvedy  That  the  use  of  the  Hall  of  the  House  of  Representa- 
tives be  granted  to  Dr.  White,  of  Iowa  City,  on  the  20th  inst.,  at 
seven  o'clock  P.  M.,  to  lecture  on  geology. 

Mr.  Ballinger  offered  the  following  preamble  and  resolution, 
which  was  read,  and  on  motion  of  Mr.  Sapp  indefinitely  post- 
poned : 

Whereas,  A  bill  has  been  introduced  in  the  Congress  of  the 
United  States  to  extend  the  elective  franchise  to  t'reedmen  of 
African  descent  residing  within  the  limits  of  the  District  of  Co- 
lumbia; and 

Whereas,  The  people  of  said  District  have  signified  their  earn- 
est disapproval  of  the  passage  Ct  said  bill  by  an  election  held  in 
the  month  of  December,  1865,  to  test  the  will  ot  the  people  as  to 
the  passage  of  the  same ;  now  therefore  be  it 

1st.  JSesolved  hy  the  General  Assembly  of  the  State  of  lowa^  That 
our  Senators  be  instructed  and  our  Kepreseutatives  in  Congress 
be  requested  to  use  their  earnest  efforts  against  the  passage  ot  any 
law  extending  the  right  of  suffrage  to  African  freedmen  of  said 


HOUSE  OF  REPRESENTATIVES.  .      115 

District  nntil  the  people  of  the  said  District  shall  have  signified 
their  approval  of  the  passage  of  such  law. 

2d,  That  a  copy  of  this  preamble  and  resolutions  be  forwarded 
at  once  to  each  of  our  Senators  and  Kepresentatives  in  Congress. 

By  leave,  the  Comtnittee  on  Public  Lands  submitted  the  follow- 
ing^ report  : 

lonr  committee  to  whom  was  referred  a  petition  of  sundry 
citizens  of  Harrison  County,  praying  for  the  privilege  of  making 
an  entry  of  certain  School  Lands  at  the  rate  of  one  dollar  and 
twenty-live  cents  per  acre,  have  requested  me  to  report  the  same 
back  to  the  House  and  recommend  its  reference  to  tne  select  Com- 
mittee on  the  subject  to  which  it  refers,  of  which  the  gentleman 
from  Harrison  is  Chairman. 

RUSSELL,  Chairman. 

Report  concurred  in,  and  resolution  referred  to  the  Select  Com-  * 
mittee  of  Medsrr.  Bolter,  Sapp  and  Comfort. 

By  leave,  Mr.  Finkbine,  a  petition  from   Christopher  Miller, 

f)raying  for  the  passage  of  a  law,  perfecting  the  title  to  certain 
ands. 

Referred  to  Committee  on  Judiciary. 

By  leave,  Mr.  Bolter  presented  a  petition  from  Daniel  Brown 
and  other  citizens,  praying  for  the  passage  of  an  act  by  which  the 
title  to  certain  lands  may  be  perfected,  on  the  payment  of  $1.25 
per  acre. 

Referred  to  Select  Committee  of  Messrs.  Bolter,  Comfort  and 
Sapp. 

Mr.  Ryan  moved  to  adjourn  until  Monday  at  10  A.  M. 

Mr.  Burnett  moved  to  amend  by  striking  out  "  10  "  and  insert- 
ing in  line  thereof  "  9.  "    Lost. 

The  Motion  of  Mr.  Ryan  prevailed,  and  the  House  adjourned. 


Hall  of  House  op  Representatives,  ) 
Des  Moines,  January  22, 1866.      J 


House  met  pursuant  to  adjournment. 
Speaker  in  the  chair. 
Prayer  by  Rev.  Mr.  Vernon. 
Jonrnal  of  yesterday  read  and  approved. 


MESSAGE  FROM  THE   SENATE. 


The  following  raess^e  was  received  from  the  Senate : 
Mb.   President: — I   am  directed   to   inform  your  Honorable 
Body  that  the  Senate  has  passed  House  File  No.  16,  A  bill  for  an 


116  JOURNAL  OP  THE 

act  providing  for  compelling  witneeees  to  appear  before  investiga- 
ting committees,  with  tlie  following  amendment :  insert  after  the 
words  "  General  Assembly "  in  Section  1,  the  words,  "  or  Joint 
Committee  of  both  branches.  "  In  which  the  concurrence  of  the 
House  is  respectfully  asked. 

Also  that  the  Senate  has  concurred  in  the  Honse  concurrent  res^ 
olution,  relative  to  printing  the  testimony  taken  before  the  Com- 
mittee to  investigate  the  alleged  diversion  of  the  Swamp  Land  In- 
demnity Fund.  ' 

JAMES  W.  WEART,  Asst.  Secretary. 

REPORTS   OF    COMMITTEES. 

The  Committee  on  Enrolled  Bills  made  the  following  report : 

The  Joint  Committee  on  Enrolled  Bills  beg  leave  to  report  that 
they  have  examined  House  Files  Kos.  4  and  42,  and  find  the  same 
correctly  enrolled,  and  present  them  for  your  signature. 

G.  J.  TISDALE,  Chairman. 

The  report  of  the  Committee  was  received,  and  the  bills  signed 
by  the  Speaker  of  the  House. 

Mr.  McNutt  moved  to  reconsider  the  vote  bv  which  the  consid- 
eration  of  the  question  of  publishing  certain  laws  in  the  "  Iowa 
Statesman  "  was  postponed  to  the  4th  of  July,  1866.     Carried* 

The  question  then  being  on  the  adoption  of  the  resolution,  Mr. 
Rogers  moved  the  previous  question,  which  was  not  seconded. 

Mr.  Bennett  moved  to  lay  the  matter  on  the  table.     Carried. 

RESOLUTIONS. 

Mr.  Conway  offered  the  following  preamble  and  resolution : 

Whereas,  Under  our  present  revenue  laws,  the  taxes  on  real 
and  personal  property  is  levied  in  the  different  counties  of  the 
State  by  the  board  of  supervisors  of  the  respective  counties  at  their 
regular  meeting  in  June  of  each  year,  and 

Whereas,  The  taxies  so  levied  do  not  become  delinquent  until 
the  first  day  of  February  of  the  following  year,  and 

Whereas,  Serious  loss  to  the  counties  of  this  State  hus  resulted 
from  the  removal  by  parties  owning  no  real  estate  of  theii*  per- 
sonal property  from  the  county  where  it  was  assessed  and  a  tax 
levied  upon  it,  before  such  tax  had  become  delinquent,  or  collecti- 
ble by  compulsory  process  of  law,  therefore 

Se  it  resolved^  Tnat  the  Committee  on  Ways  and  Means  be  di- 
rected to  take  this  subject  under  consideration,  and  to  report  to  the 
House  their  opinion  whether  there  is  an  adequate  remedy  for  this 
evil  by  amendment  to  our  revenue  law,  by  giving  county  treasurers 
power  to  distrain  personal  property  belonging  to  persons  who  own 
no  real  estate  and  who  are  about  to  remove  such  personal  property 
out  of  the  county,  without  payment  of  taxes  already  levied  upon 


HOUSE  OF  REPRESENTATIVES.  117 

such  property ;  or  by  making  the  tax  when  levied,  a  Hen  upon 
sach  property,  or  by  any  other  means  which  the  Committee  may 
8ng^t,  and  that  said  Committee  report  by  bill  or  otherwise. 

Mr.  Goodrich  moved  to  strike  out  the  work  "  June  "  in  the  pre- 
amble and  insert  "  September." 

The  motion  to  amend  previailed,  and  the  resolution  as  amended 
was  adopted. 

Mr.  Tracy  offered  the  following  resolution  which  was  adopted  : 

Resolved^  That  this  House  has  heard  with  unalloyed  pleasure 
that  the  Lower  House  of  the  National  Legislature  has  passed  a  bill 
enfranchising  unqualifiedly  male  persons  of  the  District  of  Colum- 
bia, who  are  twenty-one  years  of  age  without  regard  to  color. 

Mr.  Sapp  introduced  the  following  resolution,  which  was  adopted  : 

Resolved^  That  the  Committee  on  Elections  be  directed  to  exam- 
ine into  the  expediency  of  a  law  requiring  all  electors  in  this  State 
to  be  registered  before  exercising  the  elective  franchise,  under  such 
regulations  as  are  jnst  to  the  elector  and  will  secure  the  purity  of 
elections,  and  that  they  report  at  an  early  day  by  bill  or  otherwise. 

Mr.  Tisdale  offered  the  following  resolution,  and  moved  its 
adoption : 

Resolved  by  the  Genef*al  A8se?7if>ly  of  the  State  of  Iowa,  That 
our  Senators  in  Congress  be  instructed  and  our  Representatives  be 
requested  to  use  their  influence  to  secure  a  daily  mail  service  from 
West  Union,  Fayette  county,  Iowa,  westward  via  Fredericksburg, 
Williamstown,  and  Bradford,  to  Nashua  in  Chickasaw  county,  a 
distance  of  forty  miles. 

Resolved  J  That  the  Secretary  of  State  be  instructed  to  furnish  a 
copy  of  this  resolution  to  each  of  our  Senators  and  Representatives 
in  Congress,  also  a  copy  to  the  Postmaster  General. 

Mr.  Maxwell  moved  to  refer  the  resolution  to  the  Committee  on 
Federal  Relations,  with  instructions  to  report  upon  all  such  reso- 
lutions at  an  earlv  day.     Carried. 

Mr.  Wright  ot  Alamakee,  offered  the  following  Joint  Resolu- 
tion : 

Be  it  jReaolved  by  the  General  Asserribly  of  the  State  of  lowa^ 
That  our  {Senators  in  Congress  be  and  are  hereby  instructed  and 
our  Representatives  requested  to  use  their  influence  to  secure  the 
establishment  of  a  triweekly  mail  route  from  Postville,  Alamakee 
county,  to  Wankon  in  said  county  via  Lybrand  and  Ludlow. 

Mr.  Maxwell  moved  to  refer  the  resolution  to  the  Committee  on 
Federal  Relations.     Lost.  * 

The  resolution  was  adopted. 

Mr.  Ballinger  offered  the  following  resolution  which  was  lost : 

Resolved  by  the  General  Assembly  of  the  State  of  lowa^  That 
the  Secretary  of  State  be  instructed  to  furnish  the  door-keepers  of 
the  Senate  and  House  of  Representatives  with  a  copy  of  all  the 
Reports  of  the  Supreme  Court  of  this  State  now  on  hand,  or  which 
shdl  be  published  during  the  term  ol  office  of  the  members  of  this 
General  Assembly. 


llg  JOURNAL  OF  THE 

Mr.  Bennett  offered  the  following  resolntion  which  was  adopted : 

Resolved^  That  the  Committee  on  Schools  be  instructed  to  in- 
quire into  and  report  to  this  House  by  bill  or  otherwise,  the  pro- 
priety and  expediency  of  providing  by  law  for  compensating 
School  Directors,  and  other  school  officers. 

Mr.   FLnkbine  offered   the    following    resolution  which  was 
adopted : 

Resolved^  That  the  Committee  on  Military  Affairs  be  directed 
to  inquire  into  the  expediency  of  providing  the  Adjutant-General 
with  three  hundred  additional  copies  of  his  printed  reports  for 
1864:  and  1865,  now  in  the  State  ware-room  for  distribution  among 
officers  of  Iowa  Begiments  mustered  out  in  1865,  and  who  have 
not  received  said  reports,  and  who  held  commissions  at  the  time 
said  reports  were  made. 

Mr.  Williams  of  Winneshiek,  offered  the  following  resolution 
wKich  was  adopted: 

liesolved  hy  the  Oeneral  Asserably  of  the  State  of  lowa^  That 
our  Senators  in  Congress  be  and  are  hereby  instructed,  and  oar 
Bepresentatives  requested  to  use  their  influence  in  procuring  the 
establishment  of  a  tri-weekly  mail  route  between  the  city  of  De- 
corah  in  the  county  of  Winneshiek,  and  State  of  Iowa,  aad  the 
village  of  Hesper  in  the  same  county. 

Mr.  Alcorn  offered  the  following  resolution,  which  was  lost : 

Resolved^  That  the  Committee  on  Military  Affairs  be  and  they 
are  hereby  instructed  to  report  a  bill  to  this  Bouse  allowing  re- 
cruiting officers  who  raised  companies  during  the  late  war  and  were 
afterwards  mustered  into  the  service  of  the  United  States  the  same 
pay  and  allowance  from  the  date  of  their  recruiting  companies  to 
the  time  of  their  muster  into  the  United  States  service,  as  they 
were  entitled  under  the  grade  they  held  at  the  time  of  their  mus- 
ter in  as  aforesaid. 

Mr.  Ballinger  offered  the  following  resolution,  and  moved  its 
adoption : 

Mesolved^  That  in  our  opinion  the  District  of  Columbia  is  the 
common  property  of  the  United  States,  and  that  while  we  recog- 
nise that  Congress  has  power  to  make  all  needful  laws  for  the 
{government  ot  the  same,  we  protest  against  the  passage  of  any 
aw  in  any  manner  affecting  said  District  in  contravention  to  the 
known  wishes  of  the  people  of  said  District  and  the  people  of  the 
United  States. 

Mr.  Bennett  offered  the  following  resolution  as  an  amendment: 

liesolved  further^  That  our  Eepresentatives  and  Senators  in 
Congress  be  instructed  to  use  their  influence  to  have  submitted  to 
the  colored  people  of  said  District  whether  the  white  population 
of  that  District  shall  vote* 

Mr.  Rogers  moved  to  lay  the  whole  subject  on  the  table.    Lost. 

After  discussion,  Mr.  Burnett  moved  to  lay  the  subject  on  the 
table,  which  prevailed. 


HOUSE  OP  RBPRBTSENATIVB8.  119 

Mr.  Barnett  moved  that  when  the  Hoase  adjourn,  it  be  aotil  to- 
morrow morning,  at  9  o'clock. 

Mr.  Bolter  moved  to  amend  by  striking  out  "9,"  and  inserting 
2  P.  M.  to-day.    Lost 

The  motion  prevailed. 

Mr.  Maxwell  moved  to  reconsider  the  vote  by  which  the  joint 
resolution  concerning  a  certain  mail  route  in  Chickasaw  county 
was  referred  to  the  Committee  on  Federal  Belations.     Carried. 

The  motion  to  refer  was  lost,  and  the  resolution  was  adopted. 

Mr.  Landes  offered  the  following  resolution,  and  moved  its 
adoption : 

Reaolvedy  That  no  member  shall  occupy  more  than  five  minutes 
in  speaking  without  the  unanimous  consent  of  the  House. 

Mr.  Close  moved  to  strike  out  *'  five,"  and  insert  "  10." 

Mr.  Flanders  moved  to  amend  the  amendment  by  striking  out 
"10,"  and  inserting  "  15." 

Mr.  Kassell  moved  to  lay  the  resolution  on  the  table,  which  pre- 
;7ailed. 

Mr.  Poindexter  introduced  the  following  resolution,  which  was 
adopted : 

Resolved  hy  the  General  Assembly  of  the  State  of  lowa^  That 
oar  Senators  in  Congress  be  requested,  and  our  Representatives 
instructed  to  use  their  influence  to  secure  a  tri-weekly  mail  from 
West  Mitchell,  in  Mitchell  county,  by  way  of  Plymouth  and  Ma- 
son City  to  Clear  Lake,  in  Cerro  Q-ordo  county. 

Resolved^  That  the  Secretary  of  State  be  required  to  send  a 
copy  hereof  to  our  Senators  and  Representatives  in  Congress. 

By  leave,  Mr.  Sherman  introduced  House  File  No.  81,  A  bill 
for  an  act  making  appropriation  for  the  payment  of  mileage  of 
members  of  the  Eleventh  General  Assembly. 

Read  first  and  second  time. 

Mr.  Maxwell  moved  to  suspend  the  rule  and  put  the  bill  upon 
its  pas8aj2:e,  which  prevailed. 

The  bill  was  read  a  third  time. 

Upon  the  question,  "  Shall  the  bill  pass  ? "  the  yeas  and  naye 
were  aa  follows : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Ballinger,  Barnes, 
Barker,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van 
Bnren,  Brown  of  Winneshiek,  Buck,  Burnett,  Carbee,  Clark,  Close,- 
Comfort,  Conway.  Crawford,  Dashiel,  DeForest,  Dudley,  Dwelle, 
Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary, 
Garrett,  Garber,  Glasgow, '  Goodrich,  Graves,  Griffith,  Hale, 
Hand,  Holmes,  Hugg^ins,  Knapp,  Knox,  Landes,  Leffingwell, 
Linderman,  Lowdon,  Maxwell,  McPherson,  McNutt,  McCulloagh, 
McLaughlin,  McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer, 
Poindexter,  Rogers,  Rohlfs,  Runyan,  Russell,  Ryan,  Sapp,  Safely, 
Sherman,    Sipple,  Tracy,    Thacher,  Travis,    Tisdale,    Thomson. 


120  JOURNAL  OF  THE 

Thorn,  Walden,  "West,  Wilcox,  Wright,  Williams  of  Des  Moines, 
Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of  WinneBfaiek, 
Mr.  Speaker — 88. 

Absent,  not  voting,  Messrs.  Abbott,  Darwin,  Godfrey,  Holden, 
Joy,  Martin,  Serrin,  Stockman,  Van  Leuven,  Wilson  of  Dabaque 
—10. 

So  the  bill  passed  and  the  title  was  agreed  to. 

By  leave  Mr.  Sapp  introduced  House  File  Ko.''82,  A  bill  for  an 
act  to  regulate  the  giving  instructions  to  the  jury  in  the  District 
Court. 

Head  first  and  second  times  and  referred  to  Committee  on  Ju- 
diciary. 

COMMUNICATIONS  OX  SPEAKRb's  TABLE. 

The  following  communication  was  received  from  Hon.  F.  E. 
Bissell,  Attorney  General,  in  reply  to  a  resolution  of  the  House 
asking  his  opinion  concerning  an  increase  of  the  salaries  of  the 
Supreme  Judges,  which  was  read,  and  on  motion  of  Mr.  Kogers, 
ordered  printed : 

To  ilie  House  of  liepresentattves  of  the  State  of  Iowa  : 

CTnder  resolution  of  your  body  of  January  18th,  1866,  I  am  re- 
quested to  give  my  opinion  "  whether  there  is  any  law  now  in 
force  providing  for  the  salaries  of  the  Judges  of  the  Supreme 
Court  and  District  Court ;  and  also  whether  there  exists  any  con- 
stitutional impediment  to  the  passage  of  an  act  by  the  present 
General  Assembly,  giving  the  said  Judges  a  greater  salary  than 
that  which  they  now  receive." 

On  the  third  day  of  September,  1857,  the  new  Constitution  of 
this  State  took  effect. 

Art.  5,  Sec.  9,  provides  "  that  the  salary  of  each  Judge  of  the 
Supreme  Court  shall  be  two  thousand  dollars  per  annum,  and  that 
of  each  District  Judge  one  thousand  and  six  hundred  dollars  per 
annum  until  1860 ;  after  which  time  they  shall  severally  receive 
such  compensation  as  the  General  Assembly  may  by  law  pre- 
scribe, which  compensation  shall  not  be  increased  or  diminished 
during  the  term  for  which  they  shall  have  been  elected." 

This  constitutional  provision  abrogated  or  repealed  all  prior 
laws  on  the  subject  of  salaries  of  Judges,  and  the  Judges  of  both 
Courts  became  entitled  to  the  salaries  therein  prescribe  until  the 
first  day  of  January,  186.0 ;  after  which  time,  until  the  General 
Assembly  shall  have  acted  or  may  act  on  the  subject,  there  could 
be  no  law  authorizing  the  judges  to  receive  any  salaries  or  com- 
pensation. 

So  far  the  judges  of  the  Supreme  and  District  Courts  stand  on 
the  same  basis.' 

After  1860,  the  General  Assembly  had  power  to  fix  the  com- 


HOUSE  OF  RBPRE9KNTAT1VBS.  121 

Cmaation  of  jndges,  to  take  effect  at  once,  withont  regard  to  the 
tter  clanse  of  tne  above  section  of  the  Oonetitntion. 

After  the  General  ABsembly  shall  have  once  fixed  the  coropen- 
satioQ  of  the  jadges,  any  subsequent  changes  wonld  be  restricted 
bj  the  above  latter  clanse  of  section  9. 

The  extra  se^^ion  of  the  Ninth  General  Assembly,  on  page  17, 
acts  of  1862,  section  3,  enacted,  "  the  salary  of  the  judges  of  the 
Supreme  Court,  shall,  after  the  several  terms  of  office  of  the  present 
incumbents  expire^  be  the  sum  of  eighteen  hundred  dollars  per 
annum.^'' 

This  act,  by  its  terms,  was  not  to  take  effect  or  operate  upon  the 
salaries  of  said  judges,  until  after  the  several  terms  of  office  of  the 
present  incunibents  expire.  The  several  terms  of  the  (then)  present 
incumbents  have  not  yet  expired,  Chief  Justice  Lowe  still  holding 
under  that  term,  and  this  act  has,  therefore,  not  yet  taken  effect. 

There  is  no  law  now  in  force,  which  has  taken  effect,  fixing  the 
salaries  of  the  Judges  of  the  Supreme  Court. 

I  refer  to  the  Auditor's  report,  pages  22,  23,  24  and  25,  for  a 
further  elucidation  of  some  of  the  questions  involved  in  this  point. 

If  a  statute  is  repealed,  it  leaves  the  subject  matter  as  if  no 
statute  had  ever  been  passed  as  to  all  matters  not  operated  upon 
in  fact  by  it,  or  rights  accrued  under  it. 

The  repeal  of  a  statute  which  has  not  taken  effect,  leaves  the 
subject  as  though  no  such  statute  had  ever  been  passsed. 

The  Revision  of  1860,  Section  29,  provides  that  "the  repeal  of  a 
statate  does  not  revive  a  statute  previously  repealed,  nor  does  such 
repeal  affect  any  right  which  accrued,  any  duty  imposed,  any  pen- 
alty incurred,  nor  any  proceeding  commenced  under  or  by  virtue 
of  the  statute  repealed." 

If  the  above  Section  3,  of  the  Acts  of  the  Ninth  General  Assem- 
bly<,  should  now  be  repealed,  it  would  leave  the  law  as  though  no 
such  statute  had  ever  been  passed,  and  the  General  Assembly 
wonld  be  required  to  act  under  Section  9,  of  the  Constitution. 

Without  reference  to  the  authorities  on  this  subject,  I  think  there 
can  be  no  doubt  but  that  the  General  Assembly  may  now  repeal 
Section  3,  of  the  Act  of  1862,  before  referred  to,  and  that  it  has 
full  power  and  authority  to  now  fix  the  compensation  of  the  several 
Jodges  of  the  Supreme  Court,  to  take  effect  upon  puhlication, 
without  any  constitutional  impediment. 

.  The  salaries  of  the  District  Judges  were  fixed  by  the  Act  of 
1862,  Section  2,  above  referred  to,  which  was  to,  and  did  take 
effect  on  the  last  day  of  December,  1862. 

This  law  having  taken  effect,  the  General  Assembly,  in  legislat- 
iofi^  upon  the  subject  of  compensation  of  District  Judges,  will  be 
restricted  by  the  latter  daase  of  Section  9,  of  the  Constitution, 
hereinbefore  quoted. 

F.  E.  BISSELL,  Attorney  General. 

A  coramunication  was  received  from  Hon.  Geo.  G.  Wright, 
16 


122  JOURNAL  OF  THE 

Ohief  Justice,  traosmitting  a  statement  of  the  expenditures  of  the 
Contingent  Fund  of  the  Supreme  Court. 

*  Mr.  Hale  moved  to  lay  the  'report  on  the  table,  and  have  it 
printed,  which  prevailed. 

On  motion  of  Mr.  McLaughlin  the  House  adjourned.        ^ 


Hall  op  thb  House  of  Representativeb,  ) 
Des  Moines,  January  23,  1866.       J 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Peterson. 

Journal  of  yesterday  read  and  approved. 

Mr.  Morgan  presented  the  credentials  of  Mr.  Stockman  from  the 
19th  District.  The  credentials  were  read,  approved,  and  Mr.  Stock- 
man's name  entered  on  the  rolls. 

On  motion  of  Mr.  Maxwell,  the  regular  order  was  suspended 
for  one  hour,  for  the  purpose  of  allowing  the  presentation  of  peti- 
tions and  introduction  of  bills. 

PETinONS. 

Mr.  Tracy  presented  a  petition  from  J.  Bntterfield  and  others, 
asking  for  the  repeal  of  Sections  1  and  2,'  of  Chapter  143,  Laws  of 
7th  General  Assembly. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Thorn  presented  a  similar  petition  from  D.  C.  Hilton  and 
others. 

Referred  to  same  Committee. 

Mr.  Bereman  presented  two  remonstrances  signed  by  R.  W. 
Pickle  and  other  citizens  of  Henry  county,  against  the  repeal  of 
the  Prohibitory  Liquor  Law. 

Referred  to  same  Committee. 

Mr.  West  presented  a  petition  from  Jennie  Virden  and  others, 
asking  for  the  passage  of  a  law  taxing  bees. 

Referred  to  Committee  on  Ways  and  Means.  » 

Mr.  ^ilson  of  Dubuque,  presented  a  petition  of  the  Supervisors 
and  City  Council  of  Dubuque  county  and  city. 

Referred  to  Committee  on  Ways  and  Means. 

INTBODUOTION  OF  BILLS. 

Mr.  Thorn  introduced  House  File  No.  83,  A  bill  for  an  act  to 
repeal  Section  2241  of  the  Revision  of  1860,  and  enact  a  substi- 


(  ' 


HOUSE  OF  REPRESENTATIVES.  123 

stute  therefor,  prescribing  the  mode  of  indexing  the  convejances 
of  town  lots  in  cities  ana  villages. 
Eead  first  and  second  times. 

Mr.  Rohlfs  introduced  House  File  No.  84,  A  bill  for  an  act  to 
encourage  immigration  to  the  State  of  Iowa. 

Read  first  and  second  time  and  referred  to  Committee  oh  Inter- 
nal Improvements. 

Mr.  Brown  ot  Winneshiek  introduced  House  File  No.  85,  A  bill 
for  an  act  to  amend  Section  8,  Chapter  22,  of  the  Laws  of  the  10th 
General  Assembly. 

Read  first  and  second  time,  and  referred  to  the  Committee  on 
Printing. 

Mr.  Goodrich  introduced  House  File  No.  86,  A  bill  for  an  act 
to  amend  an  act  entitled  an  act  creating  a  board  of  supervisors. 

Mr.  Morgan  introduced  House  File  No.  87,  A  bill  for  an  act  lay- 
ing out  and  establishing  county  roads,  and  defining  the  duties  of 
the  board  of  supervisors  and  clerk  of  the  board  of  supervisors  in 
relation  thereto. 

Read  first  and  second  times  and  referred  to  Committee  on  Roads 
and  Highways,  and  ordered  printed. 

Mr.  Safely  introduced  House  File  No.  88,  A  bill  for  an  act  to 
prohibit  one  or  more  of  the  several  owners  of  land  inclosed  in  com- 
mon, tntning  domestic  animals  during  certain  seasons  of  the  year 
into  such  inclosures  without  the  consent  of  all  the  other  owners. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Agri- 
culture. 

Mr.  Rogers  introduced  House  File  No.  89,  A  bill  for  an  act  to 
amend  Section  752  and  769,  of  the  Revision  of  1860. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Ways 
and  Means. 

Mr.  McNutt  introduced  House  File  No.  90,  A  bill  for  an  act  to 
amend  Section  10,  Chapter  22,  of  acts  of  Tenth  General  Assembly. 
Read  a  first  and  second  time  and  referred  to  Committee  on  Ju- 
diciary. 

Mr.  Finkbine  introduced  House  File  No.  91,  A  bill  for  an  act 
to  repeal  Section  824,  of  the  Revision  of  1860. 

Read  a  first  and  second  time  and  referred  to  Committee  on 
Roads  and  Highways. 

M.  Bennett  introduced  House  File  No.  92,  A  bill  for  an  act  to 
amend  Section  4347,  of  the  Revision  of  1860. 

Read  a  first  and  second  time  and  referred  to  Committee  on  Ju- 
diciary. 

Mr.  Dwelle  introduced  House  File  No.  93,  A  bill  for  an  act  to 
amend  an  act  entitled  Section  1545,  Chapter  61,  of  the  Code  of  1860, 
an  act  that  sheep  and  swine  shall  not  be  free  commoners. 

Bead  a  first  and  second  time  and  referred  to  Committee  on  Ag- 
ricaltnre. 


124  JOIJRNAL  OP  THE 

MESSAGES  ON  THE  SPEAKER'S  TABLE. 

The  following  communication  from  Hon.  F.  E.  Bissell,  Attorney 
General,  was  presented  by  the  Speaker  and  read  : 

To  the  House  of  Hepresentatzves  of  the  State  of  Iowa  : 

The  following  resolution  having  been  referred  to  me,  to-wit : 

^^  Hesolved^  That  the  Attorney  General  be  requested  to  commu- 
nicate lo  the  House  at  as  early  a  day  as  practicable,  his  opinion 
whether  or  not  the  General  Assembly  has  power  to  restrict  and 
regulate  the  tariff  of  prices  for  passage  and  freight  over  the  several 
Railroads  in  the  State,  and  also  the  tariff  rates  of  Express  Oom- 
panies  " — 

I  respectfully  submit  this  opinion : 

The  railroad  corporations  in  this  State  have  been  formed  under 
the  general  incorporation  laws,  and  all  such  corporations  in  their 
creation,  possessed  substantially  the  same  rights  and  were  subject 
to  the  same  restrictions.  Some  of  these  corporations  have  accepted 
grants  of  lands  from  the  State  under  certain  restrictions  and  reser- 
vations, to  which  I  will  refer  hereafter.  Railroad  corporations  are 
private,  not  public  corporations.  A  public  corporation  is  one 
erected  for  political  purposes,  and  to  carry  forward  the  functions  of 
the  State,  such  as  towns,  eities,  counties,  &c.  All  other  corpora- 
tions are  private.  And  although  railroad  corporations  have  the 
right  to  take  property  for  their  use,  under  the  power  in  the  State 
to  take  private  property  for  public  use,  still  the  corporations  are 
private  corporations,  although  the  property  taken  is  for  a  public 
use  by  such  corporations.  This  power  does  not  grow  out  of  their 
rights  8S  corporations,  but  is  conferred  upon  them  by  express  pro- 
vision of  law. 

The  following  authorities,  among  many  others,  fully  sustain  this 
position : 

Darmouth  College  vs.  Woodward,  4  "Wheat.,  1518. 

Thorpe  vs.  Rut.  &  Ben.  Railway,  27  Vt.,  140. 

Providence  Bk.  vs.  Billings,  4  Pet.,  514. 

West  River  Bridge  Co.  vs.  Dix,  6  How.,  507. 

Armington  vs.  Barnett,  15  Vt..  745. 

Allen  vs.  Keen,  1  Summer  C.  C,  276. 

University  vs.  Fay,  2  Haywood,  810,  874. 

Wales  vs.  Stetson,  2  Mass.,  146. 

People  vs.  Manhattan,  9  Wend.,  351. 

University  vs.  Louisville,  15  B.  Mon.,  642. 

Ehrenzetter  vs.  Union  Canal  Co.,  1  Rowle,  190. 

Dodge  vs.  Woolsey,  18  How.,  331. 

Mechanics  &  Traders'  Bank  vs.  Debelt,  18  How.,  880. 

Same  vs.  Thomas,  18  How.,  384. 

The  charter  of  a  private  corporation  is  a  compact  or  contract  be- 
tween the  State  ana  corporations. 


y 


HOUSE  OP  REPRESENTATIVES.  125 

In  this  State  corporations  are  created  by  the  adoption  of  articles 
of  association,  yet  the  rights  and  powers  of  the  corporation  are  de- 
rived from  the  general  incorporation  law  of  the  State.  Where 
private  charters  are  granted,  tue  passage  of  the  act  does  not  create 
the  corporation,  but  it  is  the  acceptance  by  the  stockholders  that 
gives  it  vitality  and  such  acceptance  makes  it  a  contract.  So  in 
this  State  the  general  incorporation  law  tenders  the  contract  and 
the  adoption  of  articles  of  association,  and  compliance  with  the 
other  requirements,  makes  the  contract,  and  whether  the  corpora- 
tion is  formed  nnder  a  special  charter,  or  under  a  general  law, 
they  rest  on  the  same  foundation. 

The  powers  of  such  corporations  are  to  be  found  in  the  laws  under 
which  they  are  created,  and  the  restrictions  on  them  are  to  be  found 
in  the  same  laws.  No  persons  have  an  inherent  right  to  torm  a 
corporation.  Corporations  are  purely  creatures  of  the  law,  and  in 
their  creation  the  Legislature  has  unlimited  power  (within  rightfi)! 
and  constitutional  limits  of  legislation)  to  give  as  much  or  as  little 
power  as  it  pleases,  apd  to  trammel  them  with  such  restrictions  or 
limitations  as  it  pleases. 

The  corporators  can  refuse  the  offered  charter,  but  if  they  accept,    . 
they  take  what  is  offered  and  no  more.    - 

When  they  have  accepted  and  formed  the  corporation  then  the 
compact  or  contract  between  the  corporation  and  the  State  is  com- 
plete. 

The  general  incorporation  law  in  this  State  imposes  no  restric- 
tions upon  a  railroad  or  other  corporation,  as  to  the  amount  of 
profits  to  be  made  by  such  corporation,  nor  as  to  the  amount  the 
corporation  may  charge  for  the  transaction  of  any  kind  of  business, 
except  as  to  the  rate  of  interest  upon  contracts.  There  is  no  reser- 
vation to  the  legislature  (in  the  general  incorporation  law)  to  regu- 
late or  restrict  such  corporations  in  the  above  respects,  unless  it  is 
in  the  land  ^rant  act,  as  before  stated. 

Over  public  corporations  the  legislature  has  an  unlimited  control 
to  create,  modify  or  destroy  in  the  manner  provided  by  the  Con- 
stitution of  the  State. 

It  would  have  the  same  power  over  private  corporations,  if  there 
were  no  constitutional  restrictions  or  prohibitions. 

The  legislature  can  pass  no  act  in  conflict  with  the  Constitution 
of  the  United  States  or  of  this  State. 

We  must  look  to  these  instruments  to  learn  the  powers  of  the  | 

l^ialature,  as  well  as  the  restrictions  upon  it,  just  as  the  corpora-  I 

tion  looks  to  its  chiuter  to  determine  its  powers.  ! 

What  restrictions  are  imposed  by  the  Constitution  of  the  State  ! 

of  Iowa  or  of  the  United  States  upon  the  legislature  of  this  State,  j 

on  the  subject  under  consideration  ?  I 

Art.  1,  Sec.  10,  Constitution  of  the  United  States,  provides  that 
*^  no  State  shall  pass  any  law  impairing  the  obligations  of  con-  | 

tracts.^' 


126  JOURNAL  OP  THE 

Art.  1,  Sec.  21,  of  our  State  Constitution,  contains  the  same 
provision. 

It  is  not  claimed  that  any  provision  of  either  Constitution,  ex- 
cept the  above,  conflicts  with  the  law  contemplated  in  the  resolu- 
tion of  the  House. 

As  has  been  said  before,  the  charter  of  a  private  corporation  is 
a  compact  or  contract,  and  cannot  be  impaired  by  any  Act  of  the 
General  Assembly. 

The  most  difficult  question  still  remains,  and  that  is,  What  will 
impair  the  obligation  of  such  a  contract? 

To  impair  the  obligation  of  such  a  contract,  or  of  the  charter  of 
such  a  corporation,  is  to  take  away  or  impair  the  exercise  of  any 
of  the  essential  franchises  of  the  corporation,  or  in  other  words  to 
interpolate  into  such  contract  some  new  term  or  condition  foreign 
to  the  original  grant  or  contract ;  or  to  take  from  the  contract  or 
impair  some  right  given  in  and  by  it. 

What  then  is  an  essential  franchise  of  these  railroad  corpora- 
tions ?  The  answer  is  obvious.  The  sole  business  of  such  corpo- 
rations is  to  carry  freight  and  passengers,  and  receive  pay  therefor. 

When  the  legislature  of  Iowa  granted  these  railroad  charters, 
through  the  general  incorporation  law,  it  permitted  these  corpora- 
tions to  receive  pay  for  the  carriage  of  botli  freight  and  passengers, 
leaving  it  to  the  laws  of  trade  and  competition,  which  extend  over 
all  civilized  communities,  to  regulate  the  rates  of  such  charges. 
Laws  never  have  and  never  can  regulate  these  matters  effectually. 
There  are  no  special  privileges  granted  in  this  State.  The  field  of 
competition  is  open  to  the  world. 

The  question  referred  to  ine  is  one  of  power,  not  expediency. 

I  have  been  unable  to  find  a  single  adjudication  on  this  particu- 
lar question. 

In  many  of  the  charters  in  the  Eastern  States  the  right  to  regu- 
late rates  of  fare,  &c.,  was  expressly  reserved.  In  others  the  right 
to  repeal,  alter  or  modify  the  several  charters,  was  also  reserved. 
I  think,  however,  there  can  be  no  doubt  as  to  the  rules  and  prin- 
ciples governing  the  decision  of  this  question. 

If  the  legislature  has  the  power  to  limit  the  rate  that  railroad 
corporations  may  charge,  where  would  it  be  compelled  to  stop  ? 
A  right  to  limit  is  a  right  to  exclude  or  forbid.  If  it  has  the  right 
to  limit  without  control,  it  could  take  away  the  right  altogether. 

The  essential  element  of  a  railroad  franchise  is  to  charge  and 
collect  fare  for  freight  and  passengers,  and  can  it  be  said  that  it 
will  not  impair  that  right  by  an  enactment  which  deprived  the  cor- 
poration of  the  right  to  charge  and  collect  from  those  willing  to 
Eay  the  amounts  charged  ?  This  question  in  its  essential  elements 
as  been  before  the  Courts  of  the  several  States,  and  also  the  Su- 
preme Court  of  the  United  States,  so  frequently  that  there  can  be 
no  doubt  in  regard  to  the  rule  governing  the  question  under  dis- 
cussion.    It  must  also  be  borne  in  mind  that  tne  Supreme  Court 


HOUSE  OF  RBPRB8BNTATIVBS.  127 

# 

of  the  United  States  is  the  ultimate  arbiter  of  this  qaestion  and  to 
which  both  Courts  and  Legislatures  must  yield  obedience.  The 
rule  or  principle  deduced  from  those  decisions  is  that  while  such 
corporations  are  under  the  control  of  the  Legislatures  in  all'mat- 
ters  relating  to  the  management  of  the  corporations  as  affecting  the 
public,  in  the  nature  of  police  regulations,  &c.,  it  cannot  go  beyond 
this.  These  corporations  are  formed  because  they  are  a  public 
benefit,  and  when  the  corporation  (or  what  is  the  same  thing  the 
stockholders)  have  advanced  their  money  upon  the  faith  of  the 
charter  granted  to  the  corporation,  the  State  is  bound  by  the  plain 
principles  of  justice  to  respect  all  rights  thus  created  and  vested  by 
the  charter. 

The  Legislature  cannot  prohibit  existing  railroad  corporations 
from  carrying  freight  or  passengers,  but  it  may,  within  certain 
limits,  so  regulate  the  nianagement  ot  the  road  as  to  impose  new 
obligations  and  restrictions  materially  affecting  their  prohts,  as  by 
not  allowing  them  to  run  in  an  unsafe  condition,  requiring  them  to 
use  the  best  improvements  to  secure  the  safety  of  their  passengers 
sod  others,  to  fence  their  roads,  to  put  in  crossings,  cattle  guards, 
&c.  The  range  within  which  the  law-making  power  may  act,  is 
not  exactly  detined,  but  it  must  not  go  so  far  as  to  impair  the  con- 
tract itself.  That  which  the  legislative  power  cannot  take  away 
by  express  terms  (that  is  the  right  to  charge  for  freight  and  passen- 
gers) cannot  be  taken  away  indirectly  or  by  implication,  or  by  the 
enactment  of  laws  repugnant  to  the  laws  under  which  the  corpora- 
tion was  formed. 

I  refer  to  a  few  of  the  numerous  authorities  to  sustain  the  fore- 
going propositions  in  addition  to  those  cited  before,  which  also  sus- 
tain the  same  doctrine : 

Commercial  Bank  vs.  State,  6  Smed  &  M.,  ^9. 

Commonwealth  vs.  Cullen,  18  Fenn.  St.,  133. 

Brown  vs.  Hammond,  6  Penn.  St.,  86. 

City  of  St.  Louis  vs.  Bussell,  9  Miss.,  507. 

New  Orleans  K.  vs.  Harris,  2.7  Miss.,  517. 

Slack  vs.  Maysville  &  L.  K.,  13  B.  Mon.,  1. 

People  vs.  Board  of  Sup.,  4  Barb.,  64. 

Tinsman  vs.  Belvidere  K.  Co ,  2  Dutch.,  148. 

People  vs.  Piatt,  17  Johns.,  208. 

Wilson  vs.  Vt  &  Conn.  R.,  26  Vt.,  717. 

Galena  &  Chi.  U.  R.  vs. ,  13  111.,  648. 

"Washington  Bridge  Co.  vs  State,  18  Conn.,  53. 

Bailey  vs.  Railroad  Cor.,  4  Har.,  389. 

We  next  inquire,  is  there  any  reservation  of  this  right,  in  what 
is  called  the  laud  grant  roads  <  Section  1311,  Revision  of  I860,  in 
the  so-called  land  grant  act,  provides  that  '^  said  Railroad  Compa- 
nies accepting  the  provisions  of  this  act  shall,  at  all  times,  be  sub- 
ject to  such  rules  and  regulations  as  may  from  time  to  time  be  en- 
acted and  provided  for  by  the  General  Assembly  of  Iowa,  not   in- 


128  JOURNAL  OF  THE 


19 


consiatent  with  this  act  and  the  act  of  CoDgress  making  the  grant. 

The  corporations  accepting  this  grant  made  this  section  a  part 
of  that  contract. 

What  is  meant  by  the  above  words,  '^  rules  and  regulations  ? " 
Do  these  terms  include  the  right  to  regulate  the  rate  of  fare  for 
freight  or  passengers  ?  It  seems  from  the  language  used  to  have 
been  the  purpose  of  the  General  Assembly,  in  the  above  section, 
to  reserve  to  itself  the  right  to  enact  rules  and  regulations  in  rela- 
tion to  the  subject  matter  of  that  act,  to-wit :  The  granting  and 
disposing  of  lands  for  railroad  purposes ;  such  rules  and  regiila- 
tjons  as  would  insure  the  use  of  those  lands  for  the  purpose  de- 
signed ;  and  that  the  reservation  was  not  intended  to  relate  to  the 
general  corporate  rights  of  the  corporations  receiving  those  grants. 

Further  than  this,  it  may  very  properly  be  claimed  that  the 
words  "  rules  and  regulations  "  do  not  refer  to  those  rights  given 
by  the  articles  of  incorporation,  or  necessarily  incident  thereto, 
that  they  do  not  relate  to  the  franchisal  rights  of  the  corporation, 
but  only  to  those  which  might  aifect  the  operation  and  manage* 
rnent  of  the  roads,  as  affecting  the  safety  and  well-being  of  the 
public,  and  not  as  affecting  their  corporate  rights. 

The  rule  of  construction,  as  applied  to  the  charters  of  private 
corporations,  is,  that  they  are  to  be  strictly  construed  in  favor  of 
the  public,  against  the  corporation.  Those  rights  which  are  ex- 
pressly given,  or  necessarily  incident  to  those  given,  can  be  claim- 
ed by  such  corporations,  and  no  others :  and  this  rule  applies  to 
the  restrictions  and  reservations,  as  well  as  to  the  grants  of  power. 
Ambiguous  words  are  to  be  construed  most  strongly  against  the 
corporations.  All  the  authorities  do  not  sustain  these  rules,  bat  I 
think  these  are  the  general  rules  of  construction. 

Richmond  Railway  Oo.  vs.  the  Louisa  Railway  Co.,  13  How.,  71. 

If  the  question  rested  upon  the  construction  to  be  placed  upon 
the  foregoing  section  alone,  I  should  have  great  hesitation  in  ar- 
riving at  the  conclusion  I  do.  There  are,  however,  certain  consti- 
tutional provisions  which  aid  in  construing  this  section. 

The  old  Constitution  of  Iowa,  under  which  section  1811  was 

{)a89ed,  provides  that  "corporations  shall  not  be  created  by  special 
aws,  except  for  political  purposes."     See  Act  8,  Sec.  2. 
'     Section  1311  is  a  special  act;  that  is,  it  does  not  have  a  uniform 
operation  upon  all  the  railroads  in  the  State.     It  applies  to  certain 
roads  only,  and  for  a  certain  purpose. 

The  title  of  the  act  does  not  embrace  the  amendment  of  the 
general  act  of  incorporation. 

Under  similar  constitutional  provisions  it  has  uniformly  held 
that  a  Legislature  could  not  alter  or  amend  any  law  affecting  the 
franchise  of  a  corporation  by  a  special  law.  We  must  suppose  that 
said  section  1311  was  not  intended  to  conflict  with  the  foregoing 
constitutional  provision,  and  I  therefore  conclude  that  it  cannot  be 
construed  as  limiting  or  affecting  the  corporate  rights  of  the  Land 
Grant  Roads. 


V  HOUSE  OP  REPRESENTATIVE8.  129 

The  subject  referred  to  me  ia  one  of  great  importance,  involving  ' 
maaj  intricate  constitutional  and  legal  questions.  I  have  not  been 
able  to  devote  to  it  the  time  its  importance  demands.  I  have  not 
had  an  opportunity  to  examine  many  of  the  leading  cases  on  the 
questions  involved,  as  they  are  not  in  the  State  Library  or  accessi- 
ble in  the  city. 

The  conclusion  to  which  I  have  arrived  is,  that  the  General  As- 
sembly has  no  power  to  restrict  and  regulate  the  tariff  of  prices  for 
passage  and  freight  over  the  several  railroads  in  this  State,  nor  the 
tariff  rates  of  Express  Companies. 

F.  E.  BISSELL,  Attomei/  General 

Janpaby  22,  1866. 

Mr.  Bennett  moved  to  lay  the  communication  on  the  table,  and 
print  twice  the  usual  number. 

Mr.  Dudley  moved  to  amend  by  striking  out  the  word  "  print  " 
and  all  thereafter. 

Mr.  Goodrich  moved  to  further  amend  by  adding  "  and  be  printed 
in  the  State  Register.  " 

Mr.  Burnett  moved  the  previous  question  which  was  seconded. 

The  question  '*  shall  the  main  question  be  now  put,  "  was  deci- 
ded in  the  affirmative. 

The  question  being  the  amendment  to  the  amendment,  it  was 
lost. 

The  question  recurring  on  the  amendment,  it  was  lost. 

Mr.  liennett^s  motion  prevailed. 

SPECIAL  ORDER. 

The  following  resolution,  offered  by  Mr.  Brown  of  Van  Buren, 
being  the  special  order,  Mr.  Finkbine  movecl  to  go  into  Com- 
mittee of  the  whole. 

The  motion  prevailed,  and  Mr.  finkbine  wfts  called  to  the  chair. 

RESOLUTIONS. 

Whereas,  There  seems  to  be  manifest  objections  to  the  present 
system  of  County  Government,  and 

Whereas,  It  seems  to  be  a  question  whether  a  Board  of  Com- 
missioners would  not  be  less  expensive,  and  more  efficient  in  the 
transaction  of  County  business. 

TAerefore  be  it  resolved  by  the  House  of  Hepresentatives  of  the 
State  of  lowa^  That  we  deem  it  expedient  to  take  action  at  an 
early  period  of  this  session,  looking  to  an  absolute  and  radical 
change.  Article  11,  Chapter  22,  Revision  of  1860. 

After  discussion,  the  Committee  rose,  reported  progress,  and 
asked  leave  to  sit  again  to-morrow  morning  at  10  o^clock,  which 
was  granted. 

By  leave,  Mr.  Bennett  from  the  Committee  on  New  Districts  in- 
17 


130  JOURNAL  OP  THE 

trodnced  Honse  File  ]^o.  3,  with  a  enbatitate,  and  recommendation 
that  the  Bnbstitote  pass. 

By  leave,  Mr.  Hale,  from  the  Committee  on  Judiciary,  presented 
the  following  report : 

The  Committee  on  the  Judiciary,  to  whom  was  referred  House 
File  No.  57,  "An  act  to  authorize  the  Board  of  Supervisors  to 
compromise  judgements  in  favor  of  the  8tate, "  have  had  the  same 
under  consideration,  and  they  have  instructed  me  to  report  the 
same  back  to  the  House,  and  recommend  its  passage. 

HALE,  Chairman. 
By  leave,  the  same  Committee  presented  the  following  report: 
The  Committee  on  the  Judiciary,  to  whom  was  referred  Honse 
File  No.  60,  "  A  bill  for  an  act  to  amend  Section  4220,  of  Chapter 
165,  of  the  Revision  of  1860, "  have  had  the  same  under  consid- 
eration, and  they  have  instructed  me  to  report  the  same  back  to 
the  House  and  recommend  its  passage. 

WM.  HALE,  Chairman. 
Bp  leave,  the  same  Committee,  presented  the  following  report : 
Tne  Committee  on  the  Judiciary,  to  whom  was  referred  House 
File  Np.  15,  "A  bill  for  an  act  to  repeal  Section  4993,  of  the  re- 
vision of  1860,  "  have  had  the  same  under  consideration,  and  they 
have  instructed  me  to  report  the  same  back  to  the  House,  together 
with  the  following  as  a  substitute  proposed  by  the  Committee,  and 
which  they  recommend  be  adopted  by  the  House. 

HALE,  Chairman. 
By  leave,  the  same  Committee  presented  the  following  report : 
The  Committee  on  the  Judiciary,  to  whom  was  referred  House 
File  No.  54,  "  An  act  providing  for  a  change  of  venue  in  prelimi-* 
nary  examinations  before  Justices  of  the  Peace, "  have  nad  the 
same  under  consideration,  and  they  have  instructed  me  to  report 
the  same  back  to  this  House  and  recommend  its  passage  with  the 
following  amendments  proposed  by  the  Committee : 

In  the  third  line  of  the  bill  strike  the  word  "  Justice,  "  and  in 
the  fourth  line  the  words  "  of  the  Peace, "  and  insert  in  line 
thereof,  the  word  "  magistrate. " 

WM.  HALE,  Chairman. 
By  leave,  the  same  Committee  presented  the  following  report: 
The  Committee  on  the  Judiciary,  to  whom  was  referred  House 
File  No.  66,  "  A  bill  for  an  act  to  amend  the  law  in  relation  to  the 
competency  of  witnesses,  "  have  had  the  same  under  consideration, 
and  they  have  instructed  me  to  report  the  same  back  to  this  House 
and  recommend  its  passage. 

WM.  HALE,  Chairman. 

By  leave,  the  same  Committee  presented  the  following  report : 

The  Committee  on  Judiciary  to  whom  was  referred  House  File 

No.  75,  An  act  to  amend  Section  3362  of  the  Revision  of  1860,  in 

relation  to  the  administration  of  oaths  to  appraisers,  have  had  the 

same  under  consideration  and  they  have  instructed  me  to  report 


HOUSE  OP  REPRESENTATIVES.  131 

the  Btaae  back  to  this  Iloase  and  recommend  its  passage  with  the 
following  amendment  proposed  by  the  Committee. 

HALE,  Chairman. 

Section  3373  of  the  Revision  of  1860,  is  hereby  amended  so  as 
to  read  as  follows :  The  appraisers  provided  for  bj  this  act,  shall 
be  allowed  one  dollar  and  ntty  cents  per  day,  and  for  every  frac- 
tion of  a  day,  in  each  case,  for  their  services. 

By  leave  the  same  Commiitee  presented  the  following  report: 

The  Committee  on  Judiciary  have  directed  me  to  introduce  the 
following  bill  and  recommend  its  passage,  an  act  to  authorize 
Courts  upon  granting  change  of  venue  in  criminal  prosecutions  to 
require  witnesses  to  enter  into  recognizances  for  their  appear- 
ance at  the  Court  to  which  such  change  of  venue  may  be  granted. 

WM.  HALE,  Chairman. 

By  leave,  the  Committee  on  Agriculture  presented  the  fallowing 
report: 

The  Committee  on  Agriculture,  to  whom  was  referred  a  resolu- 
tion with  instructions  to  enquire  into  the  expediency  of  enacting 
a  law  regulating  the  quantity  of  toll  to  be  charged  or  taken  by 
gri5t  or  flouring  mills  in  this  State,  &c.,  have  had  the  same  under 
consideration,  and  have  instructed  me  to  report  the  accompanying 
bill  with  a  recommendation  that  the  bill  be  put  upon  its  passage. 

H.  M.  THOMSON,  Chairman. 

On  motion  of  Mr.  Maxwell,  the  bill  was  laid  upon  the  table  and 
ordered  printed. 

By  leave,  the  Committee  on  Agriculture  presented  the  following 
report: 

Tonr  Committee  on  Agriculture  to  whom  was  referred  House 
File  Tso.  SO,  A  bill  for  an  act  to  repeal  Chapter  4:1  of  the  Acts  of 
the  Fifth  General  Assembly,  entitled  an  act  to  encourage  agricul- 
ture and  the  mechanic  arts  in  Johnson  county,  approved  July, 
1855,  have  had  the  same  under  consideration,  and  have  instructed 
me  to  report  the  same  back  to  the  House  with  a  recommendation 
that  the  oill  do  pass. 

H.  M.  THOMSON,  Chairman. 

By  leave,  the  Committee  on  Printing  presented  the  following 
report: 

Tour  Committee  to  whom  was  referred  a  bill,  entitled  an  act  to 

Srovide  for  the  distribution  of  the  Adjutant  General's  Report  of 
anuary  1st,  1866,  have  had  the  same  under  consideration,  and  in- 
structea  me  to  report  the  same  back,  and  recommend  its  passage. 

SAMUEL  MoNDTT,  Chairman. 
Mr.  Tisdale  from  the  Committee  on  Enrolled  Bills,  reported 
that  that  Committee  had  examined  a  Joint  Resolution  with  refer- 
ence to  the  37th  Iowa  Infantry,  and  a  Joint  Resolution  ratifying 
the  amendment  to  the  Constitution  of  the  United  States  forever 
abolishing  slavery,  and  found  them  correctly  enrolled. 
Said  Joint  Resolutions  were  then  signed  by  the  Speaker. 


132  JOURNAL  OF  THE 

6j  leave,  the  Committee  on  Roads  and  Highways  presented  the 
following  report : 

The  Committee  on  Hoads  and  Highways  to  whom  was  referred 
House  File  No.  62,  A  bill  to  amend  Chapter  46,  Article  1,  of  the 
Revision  of  1860,  in  relation  to  laying  oat  and  establishing 
county  roads,  have  had  the  same  under  consideration,  and  have  in- 
structed me  to  report  the  same  back  and  recommend  that  it  do  pass. 

GEO.  M.  MAXWELL,  Chairman. 

By  leave,  Mr.  Sapp  from  the  Committee  on  Federal  Relations 
presented  the  followingmajority  report : 

The  Committee  on  JFederal  "Relations  to  whom  was  referred  a 
resolution  instructing  our  Senators,  and  requesting  our  Represen- 
atives  iu  Congress  to  use  their  influence  to  have  measures  adopted 
by  Congress  to  change  the  Constitution  of  the  United  State  in  re- 
spect to  the  basis  of  representation,  so  that  no  State  shall  be  rep- 
resented for  any  person  within  its  borders,  who  by  the  Constitution 
or  laws  of  such  State  are  excluded  from  the  elective  franchise  on 
account  of  race  or  color,  have  had  the  same  under  advisement,  and 
I  am  directed  by  a  majority  of  said  Committee  to  report  the  same 
back  to  this  House  with  a  recommendation  that  it  do  pass. 

WILLIAM  F.  SAPP,  Chairman. 

Mr.  Wilson  of  Dubuque,  from  the  same  Committee  presented 
the  following  minori|;y  report : 

To  the  IIon.j  the  House  of  Representatives  of  the  State  of  loxca  : 

The  undersigned  a  minority  of  the  Committee  on  Federal  Rela- 
tions to  whom  was  referred  a  preamble  and  resolution  proposine 
initiatory  measures  for  a  change  of  the  Constitution  of  the  United 
States  as  to  the  basis  of  representation,  begs  leave  to  make  the  fol- 
lowing report,  viz. : 

The  preamble  and  resolutions,  as  understood  by  the  undersigned, 
propose  to  change  Section  1,  Article  2,  of  the  Constitution  of  the 
United  States,  as  to  free  persons,  and  base  representation  upon 
voters  instead  of  free  persons.  Negro  women  and  children,  under 
the  basis  recommended  would  not  be  counted,  because  they  would 
be  excluded  bv  color  as  well  as  by  sex  and  age,  and  therefore 
the  basis  would  be  upon  the  elective  franchise.  This  constnc- 
tion  is  the  one  which  the  undersigned  prefers  to  place  upon  the 
resolution,  because  it  contains  the  doctrine  of  the  dominant  polit- 
ical party  of  the  country  and  the  policy  recommended  by  the  Ex- 
ecutive of  the  State  in  his  inaugural  address  to  the  legislature. 

The  other  construction,  viz. : 

That  none  were  to  be  excluded  from  representation  except  male 
blacks,  excluded  from  the  right  of  suffrage  by  reason  of  race  or 
color,  is  a  proposition  which  is  so  unreasonable  and  unjust  in  ex- 
cluding negro  men,  and  including  negro  women  and  children  ;  one 
which  womd  make  so  slight  and  inconsiderable  a  change  in  the 


HOUSE  OP  REPRESENTATIVES.  133 

representation  of  the  South ;  one  favorably  entertained  by  so  few, 
and  60  tinlikely  to  be  adopted  that  it  need  not  be  considered. 

The  object  in  this  change  to  a  basis  of  voters,  is  to  enforce  the 
extension  of  the  right  of  suffrage  to  the  black  race,  nnder  penalty 
of  partial  disfranchisement  of  the  whites  by  a  reduction  of  their 
representation.  In  some  of  the  States  this  extension  would  in- 
volve a  surrender  of  all  political  power  to  the  negroes ;  it  would 
make  negro  colonies  of  those  States,  driving  out  the  white  popu- 
latioD,  ruining  and  causing  to  be  unproductive  a  large  portion  of 
ooantry,  without  whose  products  the  whole  civilized  world  would 
infer. 

To  this  proposed  change  there  are  several  objections,  and  the 
subject  is  worthy  of  the  calm,  serious  and  unprejudiced  considera- 
tion of  this  House.  Some  of  these  objections,  in  the  opinion  of 
the  undersigned,  are  as  follows : 

The  change  cannot  be  made  to  operate  uniformly,  for  some 
States  cannot  adopt  it  without  a  surrender  of  all  political  power  to 
the  blacks,  while  in  others,  by  reason  of  the  sparseness  of  this 
class,  its  adoption  would  affect  no  change  either  in  the  depository 
of  power  or  in  representation. 

No  basis  of  representation  is  so  stable,  so  certain,  and  so  little 
liable  to  fluctuation,  as  that  of  free  population.  If  you  make  prop- 
erty the  basis,  a  door  is  opened  to  abuse  by  doubling  the  assess- 
ment; if  yoa  make  localities,  such  as  cities  or  counties  as  the  an- 
cient burroughs  in  Eugland  were  made,  it  will  become  unequal  and 
anJQst  by  reason  of  increase  or  decrease  of  population ;  if  voting 
population  be  the  basis,  one  State  may  increase  it  solely  by  extend- 
ing the  right  to  women  and  children,  or  by  allowing  foreigners  to 
vote  after  they  have  resided  in  the  country  one  year,  as  Wisconsin 
has  done,  while  the  State  of  Iowa  requires  a  residence  of  five,  and 
^Massachusetts  a  residence  of  twenty-one  years. 
^  If  the  white  population  of  some  of  the  States  should,  in  self-de- 
fence, adopt  the  alternative  of  reduction  of  their  representation^ 
then  the  colored  population  would  present  the  condition  of  taxa- 
tion without  representation  ;  and  by  this  the  professed  friends  of 
this  people  compel  the  white  population  to  deprive  them  not  only 
of  the  right  of  suffrage,  but  of  representation. 

There  is  a  distinction  between  these  two  rights,  and  the  latter  is 
not  necessarily  involved  in  the  former.  That  of  representation  is 
the  right  of  being  counted  in  the  taking  of  the  census  ;  of  being 
included  amon^  those  who  make  up  a  constituency  represented  in 
the  State  and  National  councils ;  and  in  this  regard  the  blacks 
stand  upon  an  equality  with  our  women  and  children.  It  is  a  val* 
wble  right.  Yet,  by  this  proposed  amendment,,  its  friends,,  who 
claim  to  be  only  friends  of  the  negro,  offer  to  lay  this  right  at  the 
feet  of  the  Southern  white  man,  and  bargain  it  away  if  he  will 
consent  to  a  reduction  of  the  present  basis.  The  present  rnle^ 
founded  upon  free  population,  is  more  permaibent^  because  all  per- 


134  JOURNAL  OP  THE 

sons  are  now  counted  ;  whereas,  by  an  adoption  of  the  proposed 
basis  the  rale  is  liable  to  continaal  change.  One  State,  desiring 
to  increase  its  representation,  may  authorize  women  and  minors 
to  vote,  while  other  States  opposed  to  such  a  principle,  although 
having  the  same  population  both  in  number  and  class,  would  have 
a  smaller  representation,  and  thus  an  inducement  is  held  out  to  an 
unwise  and  unprecedented  extension  of  the  right  of  suffrage. 
And  further,  might  not  a  State  during  the  year  when  the  census 
of  the  United  States  is,  under  the  constitution,  required  to  be 
taken,  authorize  women  and  minors,  unnaturalized  foreigners  and 
Indians,  to  vote  at  State  elections  for  the  purpose  of  increasing  its 
representation,  and  as  soon  as  the  apportionment  should  be  made 
repeal  this  authority.  But  this  fraudulent  increase  of  representa- 
tion could  not  be  corrected  for  ten  years,  and  not  then,  if  there 
should  be  another  extension  for  one  election  of  right  of  suffrage, 
as  before. 

The  universal  extension  to  the  negro  of  the  right  of  political 
equality  is  the  first  great  stepping  stone  to  social  equality — a  con- 
dition fatal  to  both  races.  There  should  be,  in  the  present  situa- 
tion of  the  liberated  black,  and  in  the  new  relation  wnich  he  bears 
to  us  socially  and  politically,  enough  for  present  experiment,  and 
the  largest  philantliropy.  Yea,  there  is  in  it  enough  of  danger  to 
awaken  our  interest  and  excite  the  utmost  vigilance.  Prudence 
would  dictate  that  we  should  leave  further  experiments  to  the  fu- 
ture, when  his  capabilities  will  be  tested  and  when  duty  will  be 
rendered  easy  by  the  faithful  teachings  of  past  experience. 

There  is  nothing  in  the  idea  of  an  increased  Southern  represen- 
tation to  cause  apprehension.  The  increase  of  representation  by 
the  present  rule  cannot  occur  until  after  the  year  1870.  Accord- 
ing to  the  census  of  1860  the  increase  would  be  less  than  one  to 
each  of  the  rebel  States,  but  since  the  taking  of  that  census  they 
have  lost  by  the  war  over  300,000  of  their  white,  and  more  than 
100,000  of  their  black  population ;  therefore,  when  the  new  ap- 
portionment under  the  next  census  shall  be  made,  our  representa- 
tion in  Congress  will  comparatively  increase,  while  theirs  will  de- 
crease, for  the  reason  that  during  the  rebellion  our  population 
constantly  increased,  and  was  greater  at  the  close  of  the  war  than 
it  was  at  the  beginning ;  while  theirs  received  no  addition  to  make 
up  any  part  of  their  great  losses. 

No  civilzed  nation  where  the  common  or  civil  law  prevailed 
ever  adopted  any  other  rule  than  ours,  as  a  general  basis.  The 
State  of  Iowa  and  all  the  other  States,  have  adopted  this  rule  in 
their  several  State  Constitutions.  This  State  has  persistently  re- 
fused to  extend  the  right  of  suffrage  to  blacks  and  so  have  all  the 
States  of  the  Union,  with  but  two  or  three  exceptions,  and  it  would 
seem  to  be  a  departure  from  "  the  golden  rule,''  and  look  like  re- 
venge or  oppression  to  adopt  it  now,  and  attempt  to  force  it  upon 


HOUSE  OF  REPRBTSENATIVBS.  135 

others,  when  its  adoption,  while  leaving  ns  unharmed,  would  be 
destractive  to  others. 

It  is  time  enough  for  this  House  to  initiate  measures  to  compel 
negro  suffrage  in  other  States  when  oor  people  adopt  it  here.  In 
view  of  the  example  of  onr  adjoining  sister  States  of  Illinois,  Wis- 
consin and  Minnesota,  and  its  probable  rejection  here,  is  not  the 
proposed  action  premature  now  ? 

It  is  not  necessary  to  adopt  this  proposition  to  amend,  as  a  bar- 
rier to  the  re-establishhient  of  Southern  slavery.  It  is  a  sufficient 
answer  to  such  a  view,  that  the  present  test  oath  prescribod  by 
Congress  has  thus  far  effectually  excluded  all  from  the  National 
Legislature  who  aided  or  abetted  the  Rebellion ;  that  the  Government 
is  maintaining  a  standing  army  in  the  Sonth,  not  only  for  the  pur- 
pose of  enforcing  the  Constitution  and  the  laws,  but  also  of  seeing 
that  neither  slavery  or  involuntary  servitude  shall  be  established 
there  as  a  domestic  relation. 

Farther,  the  people  of  the  South  openly  avow  their  willingness 
to  submit  to  the  abolition  of  slavery,  and  that  they  have  no  desire 
to  re-establish  it.  They  cannot  do  so  if  they  would.  The  people 
of  this  Union  will  never  again  tolerate  it.  It  is  the  dictate  of 
sound  policy  to  take  them  at  their  word,  and  such  is  the  view  of 
the  Executive  branch  of  the  National  Government.  The  Presi- 
dent, in  his  message  to  the  Senate,  dated  January  11,  1866,  says 
of  the  States  lately  in  rebellion  :  '^  From  all  the  information  in 
my  possession  and  from  that  which  I  have  recently  received  from 
the  most  reliable  authority,  I  am  induced  to  cherish  the  belief  that 
personal  animosity  is  surelv  and  rapidly  merging  itself  into  a 
spirit  of  nationality,  and  that  representation  connected  with  a 
properly  adjusted  system  of  taxation,  will  result  in  a  harmonious 
restoration  of  the  relations  of  the  States  to  the  National  Union." 

It  is  a  libel  upon  the  Democracy  of  the  North,  now  that  slavery 
is  every  where  within  the  limits  of  the  Republic  abolished  by  Con- 
stitutional law,  to  say  that  they  do  now,  or  ever  will,  desire  its  re- 
establishment. 

Constitutions  should  not  be  amended  to  carry  partisan  measures. 
That  which  is  the  policy  of  a  political  party  to-day,  may  be  the  op- 
posite next  year,  and  times  of  high  party  excitement,  when  the 
passions  of  many  are  excited  to  an  unparalleled  degree,  are  unfa- 
vorable to  altering  or  abolishing  any  part  of  that  matchless  guar- 
anty ot  our  rights — the  source  and  continuance  of  our  national  ex- 
istence, the  Constitution  of  the  United  States.  This  priceless 
treasure  framed  by  a  body  of  men  whose  equals  in  learning,  politi- 
cal foresight  and  sagacity,  intelligent,  self-sacrificing  patriotism, 
never  did  before  and  never  will  again  assemble  together  upon 
earth,  framed  the  section  now  sought  to  be  repealed,  in  view  of  the 
contingency  of  slave  emancipation,  and  if  so,  it  follows  that  its  oc-- 
currence  affords  no  ground  for  this  amendment. 

Mr.  Jefferson,  in  nis  notes  upon  Virginia,  says  it  was  so  con- 


136  JOURNAL  OF  THE 

ft 

templated,  and  the  provision  of  this  section  whereby  free  blacks 
count  more  than  slaves,  even  in  the  slave  States,  shows  that  a 
bounty  was  held  oat  to  emancipation. 

To  suppose  that  the  present  Constitution  does  not  provide  for 
the  existing  emergency  is  to  assume  that  the  authors  ot  it  believed 
that  African  slavery  would  exist  forever,  is  a  theory  unjust  to  the 
founders  of  the  greatest,  the  best,  and  the  freest  Government  in 
the  world ;  an  impeachment  of  their  consistency,  and  the  well  re- 
corded history  of  their  declarations  at  the  time.  They  framed  it 
to  last  through  all  time.  The  Supreme  Court  of  the  United  States, 
in  1  Wheaton  304,  in  speaking  o^  the  Constitution  says,  '*  it  was 
not  intended  merely  to  provide  for  the  exigencies  of  a  few  years, 
but  was  to  endure  through  a  long  lapse  of  ages ;  the  events  of 
which  were  locked  up  in  the  inscrutable  ways  of  Providence.'' 
Such  has  been  the  understanding  ever  since  its  adoption.  In  urg- 
ing upon  the  South  the  policy  of  emancipation  and  compensated 
labor,  the  Northern  friends  of  this  policy  asserted  that  it  would 
be  better  for  the  South,  socially,  financially  and  politically. 

If  the  proposed  change  is  desirable  ;  if  the  object  be  to  blot  out 
the  right  of  the  State,  and  to  place  all  power  in  a  great  centralized 
government,  why  not  alter  the  basis  of  representation  in  the  Senate 
of  the  United  States,  and  instead  of  giving  the  State  of  Rhode  Is- 
land, which  has  not  as ;  much  area  as  the  county  of  New 
York,  and  not  so  populous  as  the  city,  two  Senators,  base  it  upon 
the  voting  population. 

Under  the  present  provision  the  freedmen  of  the  South  have  the 
same  rights  as  the  negro  in  this  State  and  in  a  very  large  niajority 
of  the  Northern  States,  and  as  to  the  right  of  suffrage  he  is  in  no 
worse  condition  than  our  wives,  our  daughters  of  full  age,  and  our 
sons  of  non-age.  In  respect  to  these  persons  it  cannot  oe  asserted 
that  by  reason  of  tneir  not  exercising  this  privilege,  they  are  not 
protected  by  legislation,  or,  are  likely  to  have  forced  upon  them  a 
system  of  oppression. 

In  view  of  the  fact  that  the  question  before  us  was  not  in  issne 
in  the  election  of  members  of  this  House ;  and  that  the  people  of 
this  State,  judging  from  their  last  decision  upon  the  question  of 
negro  suffrage,  will  in  all  probability,  again  reject  it,  and  believing 
that  it  is  wise  to  leave  the  Constitution  in  this  regard  as  our  fore- 
fathers transmitted  it  to  us,  the  undersigned  would  respectfully 
recommend,  that  the  preamble  and  resolutions  be  not  adopted. 

T.  S.  WILSO:^. 

By  leave,  the  Committee  on  Claims  presented  the  following 
report : 

The  Committee  on  Claims,  to  whom  was  referred  the  claim  of 
the  Des  Moines  Coal  Company  for  $78.96,  for  coal  furnished  at  the 
Capitol  building,  beg  leave  to  report  that  they  have  had  the  same 
under  consideration,  and  have  instructed  me  to  report  the  same 
back  to  the  House,  and  recommend  that  said  claim  be  allowed,  and 


HOUSE  OP  REPRESENTATIVES.  137 

that  the  same  be  referred  to  the  Committee  on  Ways  and  Means 
with  instructions  that  the  payment  of  the  same  be  provided  for  in 
the  general  appropriation  bill. 

L.  CLARK,  Chairman. 

The  report  of  the  Committee  was  concarred  in,  and  the  claim  so 
referred. " 

Mr.  Finkbine  moved  to  reconsider  the  vote  by  which  the  claim 
of  the  Des  Moines  Coal  Company  was  referred  to  the  Committee 
oa  Ways  and  Means,  which  prevailed,  and  the  claim,  on  motion  of 
Mr.  Finkbine,  was  laid  on  the  table. 

By  leave,  Mr,  Finkbine  offered  the  following  resolution,  which 
was  adopted :  • 

Resdvedy  That  the  Committee  on  Compensation  of  Public  Offi- 
cers be  instructed  to  report  as  soon  as  possible  as  to  the  propriety 
of  increasing  the  salaries  of  said  offices. 

By  leave,  jtfr.  Hale  called  up  Senate  File  No.  4,  A  bill  for  an 
act  to  provide  for  the  distribution  of  certain  laws. 

Read  first  and  second  time. 

On  motion  of  Mr.  Hale,  the  rule  was  suspended,  the  bill  read  a 
third  time,  and  put  upon  its  passage. 

On  the  question  ^'  Shall  the  bill  pass  ?  "  the  yeas  and  nays  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Barnes,  Barker, 
Bahl,  Belt,  Boomer,  Bolter,  Brown  of  Van  Buren,  Brown  of  Win- 
neshiek, Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Darwin,  Dadiiel,  DeForest,  Dudley,  Dwelle,  Finiscbine, 
Flanders,  Fry,  Gamble,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow, 
Goodrich,  Graves,  Griffith,  Hale,  Hand,  Holmes,  Huggins,  Joy, 
Knapp,  Knox,  Landes,  Leffingwell,  Linderraan,  Maxwell,  McPher- 
son,  licXutt,  McCullough,  McLaughlin,  Mills,  Morgan,  O'Brien, 
Olmstead,  Palmerj  Poindexter,  Rogers,  Eohlfs,  Runyan,  Rvan, 
Sapp,  Safely,  Sherman,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale, 
Thomson,  Thorn,  Walden,  West,  Wilcox,  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 79. 

The  nays  were  Messrs.  Bereman,  Bennett,  Brown  of  Decatur, 
Emery,  Fellows,  Lowdon,  Martin,  McEean,  Russell,  Wright — 10. 

Absent,  not  voting,  Messrs.  Abbott,  Ballinger,  Brown  of  Louisa, 
Brown  of  Madison,  Godfrey,  Holden,  Serrin,  Stockman,  and  Van 
Leaven — 9. 

By  leave  the  Committee  on  Claims  present  the  following  report : 

The  Committee  on  Claims,  to  whom  was  referred  the  petition 
of  S.  L.  Glasgow  asking  relief  for  one  Perry  Hillis,  together  with 
the  report  of  the  Committee  on  Military  Affairs  allowing  the  said 
Perry  Hillis  the  sum  of  five  hundred  and  sixty  dollars,  and  recom- 
mending that  the  same  be  paid,  beg  leave  to  report  that  they  have 
18 


138  JOURNAL  OF  THE 

had  the  same  nnder  consideration  and  have  instructed  me  to  re- 
port the  same  back  to  the  House  without  recommendation. 

L.  CLARK,  Chairman. 

Mr.  Glasgow  moved  to  refer  the  report  of  the  Committee  on 
Claims  concerning  Perry  TuUis,  together  with  all  the  papers  con- 
nected therewith,  to  the  Committee  on  "Ways  and  Means,  with  in- 
structions to  incorporate  the  amount  allowed  the  said  Tullis  in  the 
General  Appropriation  Bill.     Carried. 

By  leave  the  Coi^mittee  on  Printing  presented  the  following 
report : 

1  our  Committee,  to  whom  was  referred  the  resolution  instruct- 
ing them  to  inquire  what  steps  are  necessary  to  procure  the  publi- 
cation of  the  Governor's  Biennial  Message  and  Inaugnral  Address 
into  the  several  languams  into  which  they  have  been  ordered  to 
be  published,  respectfully  report  that  the  publication  into  the  Ger- 
man language  is  now  being  done  by  Mr.  Lischer,  in  Davenport, 
and  will  be  published  immediately;  and  that  the  translation  into 
the  Holland  language  is  being  done  by  Mr.  Scholte,  of  Pella,  and 
will  be  published  immediately  by  Mr.  C.  S.  Wilson, 

Tour  Committee  would  fart>her  report  that  thev  have  not  ascer- 
tained what  steps  have. been  taben  to  have  said  documents  pub- 
lished in  any  other  foreign  langua^^e  than  those  above  mentioned. 

SAMUEL  MoNDTT,  Chairman. 

By  leave  the  Committee  on  Boads  and  Highways  presented  the 
following  report : 

The  Committee  on  Roads  and  Highways,  to  whom  was  referred 
House  File  No.  70,  A  bill  for  an  act  relating  to  persons  who  are 
liable  to  work  the  roads,  have  had  the  same  unaer  consideration 
and  have  instructed  me  to  report  back  the  bill  and  recommend  that 
it  do  not  pass,  as  the  law  as  it  now  stands  seems  to  give  general 
satisfaction. 

All  of  which  is  respectfully  submitted. 

GEO.  M.  MAXWELL,  Chairman. 

Mr.  Tracy  moved  to  give  the  use  o/  the  Hall  of  the  House  to 
the  Good  Templars  organization  on  the  30th  of  next  month.  Car- 
ried. 

Mr.  Bennett  moved  to  adjourn  until  to-morrow  morning  at  10 
o'clock,  which  prevailed,  and  the  House  adjourned. 


Hall  of  the  HorsE  of  Repbesbntattves,  ) 
Des  Moines,  January  23, 1866.       f 


House  met  pursuant  to  adjournment. 
Speaker  in  the  chair. 


HOUSE  OP  RBPRESBNTATIVES.  139 

Prayer  by  Rev.  Thomas  McCague. 

Journal  of  yesterday  read  and  approved. 

Mr.  Finkbiae  moved  that  as  the  Chief  Clerk,  in  conformity  to  a 
resolution  of  the  House,  had  furnished  knives  to  all  the  members 
of  the  House,  he  be  now  directed  to  fnrnish  knives  to  all  the  offi- 
cers and  employees.     Carried. 

SPECIAL  ORDER. 

The  hour  having  arrived  for  the  consideration  of  the  special 
order,  a  resolution  concerning  a  change  in  county  government. 

Mr.  Brown  of  Van  Bnren  moved  to  postpone  the  subject  until 
one  week  from  next  Monday,  at  10  o'clock,  which  prevailed. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate : 

Mr.  ISpeaker  ; — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked  : 

Senate  File  No.  27,  A  bill  for  an  act  to  authorize  Sheriffs  to  ad- 
minister oaths  in  certain  cases. 

Also,  that  the  Senate  has  concurred  in  the  House  resolution 
relative  to  the  appointment  of  a  Joint  Committee  to  whom  shall 
be  referred  so  much  of  the  Governor's  Message  as  relates  to  claims 
against  the  United  States. 

Also,  that  the  Senate  has  passed  the  House  Joint  -Resolution 
relative  to  the  appointment  of  a  Joint  Committee  to  visit  the  State 
Penitentiary,  with  the  following  amendment,  viz : 

Add  thereto  these  words,  "  And  such  other  matters  as  they  may 
deem  important,"  in  which  the  concurrence  of  the  House  is  re- 
spectfallj  asked. 

Also,  that  the  Senate  has  concurred  in  the  House  Joint  Eesolu- 
tion  relative  to  additional  mail  facilities  in  Alamakee  county. 

JAMES  M.  WEART,  Assistant  Secretary. 

On  motion  of  Mr.  Hale,  the  message  from  the  Senate  was  ti^en 
ap,  and  the  Senate  amendments  to  House  File  Ko.  16,  A  bill  for 
an  act  providing  for  compelling  witnesses  to  appear  before  investi- 
gating Committees  were  concurred  in. 

On  the  question  '^  shall  the  House  concur  in  the  Senate  amend- 
ment" the  yeas  and  nays  were  as  follows: 

The  yeas  were  Messrs.  A bernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  JBahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  Brown  of  Van  Buren,  Brown  of  Win- 
neshiek, Buck,  Burnett,  Carbee,:  Clark,  Close.  Comfort,  Conway, 
Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery, 
Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary,  Garrett,  Garber, 
Glasgow,  Goodrich,  Graves,  Griffith,  Hand,  Holmes,  Joy,  Knapp^ 


140  JOURNAL  OP  THE 

r 

Landes,  LeflBingwell,  Linderman,  Lowdon,  Martin,  Maxwell,  Mc- 
Nutt,  McCulloagh,  McLaughlin,  McKean,  Mills,  Morgan,  O'Brien, 
Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Runyan,  Ryan, 
Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher,  Travis, 
Tisdale,  Thomson,  Thorn,  Walden,  West,  Wilcox,  Wright,  Wil- 
son  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Jackson, 
Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 86. 

Absent,  not  voting,  Messrs.  Barker,  Brown  of  Madison,  Fellows, 
Godfrey,  Hale,  Huggins,  Knox,  McPherson,  Russell,  Stockman, 
and  Van  Leuven — 12. 

So  the  amendment  was  concurred  in. 

Senate  File  No.  27,  A  bill  for  an  act  to  authorize  Sheriffs  to  ad- 
minister oaths  in  certain  cases,  was  taken  up  and  read  iir&t  and  sec- 
ond times. 

On  motion  of  Mr.  Rogers,  the  rule  was  suspended,  and  the  bill 
ordered  to  be  read  a  third  time  now., 

The  bill  was  read  a  third  time,  and  upon  the  question  "  Shall 
the  bill  pass  ?  "  the  yeas  and  nays  were  as  follows  : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  BalHnger, 
Barnes,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  brown  of  Van  Buren,  Brown  of  Win- 
neshiek, Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Darwin,  Dashiel,  DeForest^  Dudley,  Dwelle,  Emery, 
Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary,  G-ar- 
rett,  Garber,  Glasgow,  Goodrich,  Graves,  Griffith,  Hale,  Hand, 
Holmes,  Huggifis,  Joy,  Khapp,  Knox,  Landes,  Leffingwell,  Lin- 
derman,  Lowdon,  Martin,  Maxwell,  McPherson,  McNutt,  McCul- 
lough,  McLaughlin,  McKean,  Mills,  Morgan,  O'Brien,  Olmstead, 
Palmer,  Poindexter,  Rogers,  Rohlfs,  Runyan,  Russell,  Sapp, 
Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale, 
Thomson,  Thorn,  Walden,  Wilcox,  Wright,  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 90. 

Absent,  not  voting,  Messrs.  Barker,  Brown  of  Madison,  Godfrey, 
Holden,  Ryan,  Stockman,  Van  Leuven,  West — 8. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  McNutt  moved  that  the  House  concur  in  the  Senate  amend- 
ment to  the  Joint  Resolution  of  the  House  in  relation  to  appoint- 
ing a  Committee  to  visit  the  Penitentiary.     Carried. 

BILLS  ON  SECOND  BEADIKO. 

House  File  No.  25,  A  bill  for  an  act  to  amend  Section  800,  of 
Revision  of  1860,  -was  taken  up,  and  ordered  to  be  engrossed  for 
a  third  reading. 

On  motion  of  Mr.  Rogers,  it  was  ordered  that  the  rule  be  sus- 
pended, the  bill  be  considered  engrossed  and  read  a  third  time 
now. 


HOUSE  OF  REPRESENTATIVES.  141 

The  bill  was  read  a  third  time,  and  on  tb,e  qaeetion  "  shall  tht) 
bill  pass,*'  the  yeas  and  nays  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  o{ 
Decatur,  Brown  of  Louisa,  Brown  of  Van  Buren,  Brown  of  Win- 
neshiek, Buck,  Burnett,  Cai'bee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Eraery, 
Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary,  Garrett,  Garber, 
Glasgow,  Goodrich,  Graves,  GriflSth,  Hale,  Hand,  Holmes,  Hug- 

S'ns,  Joy,  Knapp,  Knox,  Landes,  Leffingwell,  Linderman,  Lowdon, 
artin.  Maxwell,  McPherson,  McNutt,  McCuUough,  McLaughlin, 
McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindexter, 
Rogers,  Itohlfs,  Runyan,  Eussell,  Ryan,  Sapp,  Safely,  Serrin, 
Sherman,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn, 
Walden,  West,  Wilcox,  Wright,  Wilson  of  Dubuque,  Williams 
of  Dee  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams 
of  Winneshiek,  and  Mr.  Speaker — 91. 

Absent  and  not  voting,  Messrs.  Barker,  Brown  of  Madison, 
Fellows,  Godfrey,  Holden,  Stockman,  and  Van  Leuven — 7. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  File  No.  22,  A  bill  for  an  act  to  amend  Section  4318,  of 
the  revision  of  1860,  relating  to  malicious  mischief  and  trespass  on 
property. 

Bead  a  second  time. 

Mr.  Maxwell  moved  that  the  bill  be  indefinitely  postponed, 
which  motion  prevailed. 

Rouse  File  No.  2,  A  bill  for  an  act  to  punish  attempts  to  com- 
mit offenses  prohibited  by  law,  was  taken  up  and  ordered  to  be 
en^ossed  for  a  third  reading. 

On  motion  of  Mr.  Burnett,  it  was  ordered  that  the  rule  be  sus- 
pended, the  bill  considered  engrossed  and  read  a  third  time  now. 

The  bill  was  read  a  third  time,  and  upon  the  question,  "  shall 
the  bill  pass  ? " 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Bahl,  Belt,  Bereman,  Boomer,  Bolter,  Brown  of  Decatur, 
Brown  of  Louisa,  Brown  of  Van  Buren,  Brown  of  Winneshiek, 
Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway,  Crawford, 
Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Fellows, 
Finkbine,  Flanders,  Fry,  Gaylord,  Gary,  Garrett,  Garber,  Glas- 
gow, Goodrich,  Graves,  Griffith,  Hale,  Hand,  Holmes,  Huggins, 
Joy,  Knapp,  Knox,  Landes,  Leffingwell,  Linderman,  Lowdon, 
Martin,  Maxwell,  McPherson,  McNuct,  McCuUoch,  McLaughlin, 
McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindexter, 
^gers,  Rohlfs,  Runyan,  Kussell,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Walden, 
West,  Wilcox,  Wright,  Wilcox,  Wright,  Wilson  of  Dubuque 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 90, 


142  JOURNAL  OP  THE 

Absent,  and  oot  voting,  Meesrs.  Barker,  Brown  of  Madison, 
Gamble,  Godfrey,  Holden,  Ryan,  Stockman  and  VanLeuven. 

So  the  bill  passed,  and  the  title  was  agreed  to. 

Houss  File  No.  29,  A  bill  for  an  act  to  protect  the  earnings  of 
married  women. 

The  substitute  recommended  by  the  Committee  was  adopted,  and 
ordered  to  be  engrossed  for  a  third  reading. 

Mr.  McNutt  moved  that  the  rule  be  suspended,  the  bill  be  con- 
sidered engrossed,  and  read  a  third  time  now.     Carried. 

On  the  question  "  Shall  the  bill  pass  ?  "  the  yeas  and  nays  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of  De- 
catur, Brown  of  Louisa,  Brown  of  Van  Buren,  Brown  of  Winne- 
shiek, Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  * 
Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary,  Gar- 
rett, Garber,  Glasgow,  Goodrich,  Graves,  Griffith,  Hale,  Hand, 
Holmes,  Huggins,  Joy,  Knapp,  Knox,  Landes,  Leffingwell,  Lin- 
derman,  Lowdon,  Maxwell,  McPherson,  McNutt,  McCulloiigh,  Mc- 
Laughlin, McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  falmer, 
Poindexter,  Kogers,  Rohlfs,  Rnnyan,  Russell,  Ryan,  Sapp,  Safely, 
Serrin,  Sherman,  Sipple^  Thacher,  Tracy,  Travi8,Tisdale,  Thomson, 
Thorn,  Walden,  West,  Wilcox,  Wright,  Wilson  of  Dubuque,  Wil- 
liams of  DesMoines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Wil- 
liams of  Winneshiek,  Mr.  Speaker — 91. 

Absent  and  not  voting,  Messrs.  Barker,  Brown  of  Madison, 
Godfrey,  Golden,  Martin,  Stockman,  and  Van  Leuven — 7. 

So  the  bill  passed,  and  the  title  was  agreed  to. 

MESSAGB  FROM  THB  8BNATB. 

The  following  message  was  received  from  the  Senate : 

Mr.  Spe>vker  : — I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked : 

Senate  File  No.  20,  A  bill  for  an  act  amending  Section  4384,  of 
the  Revision  of  1860,  in  relation  to  willful  trespass. 

Also  return  herewith  House  File  No.  81,  the  same  having  passed 
the  Senate  without  amendment. 

JAMES  M.  WEART,  As&istant  Setfy. 

House  File  No.  26,  A  bill  for  an  act  to  amend  Sub-Division  No.  3, 
of  Section  No.  710,  of  Revision  of  1860,  was  taken  up,  and  after 
consideration,  on  motion  of  Mr.  Thomson,  postponed  until  the  15th 
day  of  February  next. 

House  File  No.  20,  A  bill  for  an  act  to  amend  710,  of  the  Ke- 
uision  of  1860,  in  relation  to  bridge  tax,  was  taken  up. 

Mr.  Sherman  moved  to  postpone  until  February  15th.    Lost. 


HOUSE  OF  REPRESENTATIVES.  143 

Mr.  Maxwell  moved  to  refer  to  Committee  on  County  and  Town- 
ship Organization.    Carried. 

By  leave,  Mr.  Garber  presented  the  foUovrinfi;  report  from  the 
Committee  on  County  and  Township  Organization  : 

Yonr  Committee  on  Township  and  Connty  Organization  to 
whom  was  referred  petitions  ot  the  Board  of  Supervisors  of  Ben- 
ton and  Tama  connties,  have  had  the  same  under  consideration, 
and  have  instructed  me  to  report  by  bill,  in  accordance  with  the 
prayer  of  said  petitioners,  ana  recommend  its  passage. 

Bj  leave,  Mr.  Hussell  presented  the  following  report  from  the 
Committee  on  Public  Lands. 

The  Committee  on  Public  Lands  to  whom  was  referred  House 
File  K"o.  69,  being  a  bill  for  an  act  making  provision  for  the  set- 
tlement of  all  liaSilities  of  State  and  University  growing  out  of 
the  sale  of  certain  lands  in  Appanoose  county  sold  as  Saline  Lands, 
have  had  the  bill  under  consideration  and  have  instructed  me  to 
report  it  back  to  the  House  without  amendment,  and  recommend 
its  passage.  The  Committee  recommend  the  passage  of  the  bill  as 
a  simple  act  of  justice  to  the  innocent  purchasers  of  the  lands  to 
which  it  refers.  RUSSELL,  Chairman. 

By  leave,  Mr.  Russell  presented  the  f  )llowing  report : 

Tour  Committee  on  Public  Lands  to  whom  was  referred  House  File 
Xo.  6,  entitled  a  bill  for  an  act  defining  the  duties  of  the  Register  'jf 
the  State  Land  Office,  have  had  the  same  under  consideration  and 
have  instracted  me  to  report  it  back  to  the  House,  with  the  accom- 

?inying  amendments,  and  as  amended,  to  recommend  its  passage. ' 
he  amendments  proposed  by  the  committee  are  :  1.  To  insert  in 
Section  1,  line  sixtn,  after  "  all "  the  word  "  uncontested,"  so  as  to 
read  *'  all  uncontested  errors';"  and  after  the  word  "  discrepancies  " 
in  same  line,  insert  ^'in  names  of  grantees  and."  Also,  in  the 
same  Section,  line  tenth,  insert  "  record  "  after  the  word  "proper." 
Also,  in  Section  4,  strike  out  the  word  "  laws  "  and  insert  *'  acts  or 
parts  of  acts." 

^  Tour  Committee  recommend  the  foregoing  amendments  to  Sec- 
tion 1,  with  a  view  to  make  the  bill  more  guarded  and  specific  in 
its  provisions,  as  the  titles  to  real  estate  should  not  be  subject  to 
any  alteration  unless  such  errors  are  clear  and  unquestionable,  and 
the  evidence  on  record.    All  of  which  is  respecttuUy  submittted. 

RUSSELL,  Chairman. 
By  leave,  Mr.  Thomson  presented  the  following  report : 
Mb.  Speakeb  : — Tour  Committee  on  Agricultural,  to  whom  was 
referred  House  File  No.  59,  "  A  bill  for  an  act  to  prevent  the  im- 
portation, running  at  large,  and  sale  of  Horses  being  diseased  with 
Gleet  or  Glanders,  "  have  had  the  same  under  consideration,  and 
have  instructed  me  to  report  it  back  to  the  House  with  the  accom- 
panying substitute,  and  unanimous  recommendation  that  the  sub- 
stitute do  pass. 

H.  M.  THOMSON,  Chairman. 


144  JOURNAL  OF  THB 

By  leave,  Mr.  Bennett  presented  a  memorial  from  the  Board  of 
Supervisors  of  Washington  Connty,  asking  for  the  enactment  of  a 
law  providing  for  the  appointment  of  a  Deputy  Collector  in  each 
township. 

Referred  to  Committee  on  Ways  and  Means. 

By  leave,  Mr.  Bennett  presented  a  memorial  from  the  Board  of 
Supervisors  of  Washington  County,  asking  for  the  passage  of  a 
law  authorizing  the  diversion  of  the  Relief  Fund  to  the  G-eneral 
Funds  of  Counties. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Tisdale  presented  the  following  report : 

The  Jomt  Committe  on  enrolled  bills,  report  that  House  File 
Nos.  4:  and  42,  have  been  presented  to  the  Governor  for  signature. 

G.  J.  TISDALE,  Chairman. 

By  leave,  Mr.  Finkbine  presented  a  petition  from  Samuel  Ba* 
con/concerning  blind  soldiers. 

Referred  to  Committee  on  Blind  Asylum. 

Mr.  Rogers  moved  to  adjourn  until  to-morrow  morning,  at  nine 
o'clock,  which  prevailed,  and  the  House  adjourned. 


Hall  of  House  of  RspiiESENTATrvRs,  / 
Des  Moines,  Jan.  25,  1866.      f 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Journal  of  yesterday  read  and  approved. 

On  motion  of  Mr.  McNntt,  Mr.  Ballinger  was  granted  leave  of 
absence  for  five  days. 

On  motion  of  Mr.  Travi?,  Mr.  Garret  was  granted  lea^e  of 
absence  for  five  days. 

BILLS   ON   SECOND  KBADING. 

Bills  on  second  reading  being  the  regular  order  of  business, 
House  File  No.  36,  A  bill  for  an  act  to  amend  Section  898,  of  the 
Code,  was  taken  up. 

Mr.  Sapp  moved  that  the  bill  lay  on  the  table,  and  be  printed. 
Carried. 

House  File  No.  48,  A  bill  for  an  act  to  repeal  Section  6,  7,  8,  9, 
10  and  11,  of  Chapter  102,  of  the  acts  of  the  Ninth  General  As- 
sembly, was  taken  up. 

Mr.  McNutt  moved  that  the  bill  be  indefinately  postponed.  Car- 
ried. 


HOUSE  OP  REPRESENTATIVES.  145 

MESSAGE  FBOM  THE   SENATE. 

The  following  message  was  received  from  the  Senate  : 

Mr.  Spsakeb  : — I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked  : 

Senate  File  No.  36,  A  bill  for  an  act  to  legalize  the  articles  of 
in^rporation  of  the  Norwegian  Luther  College  of  Decorah,  Iowa. 

Fam  also  further  directed  to  ask  the  return  of  House  File  No. 
"^l,  A  bill  for  an  act  making  appropriation  for  the  payment  of 
members  of  the  Eleventh  General  Assembly. 

JAMES  M.  WEART,  Ass't  Secretary. 

The  request  of  the  Senate  for  the  return  of  House  File-No.  81, 
\ras  granted. 

House  File  No.  31,  A  bill  for  an  act  to  amend  Section  885,  of 
Revision  of  1860,  in  relation  to  poll  tax,  was  taken  up.  ' 

Mr.  Sapp  moved  that  the  bill  be  indefinitely  postponed. 

Mr.  Thomson  moved  that  the  bill  be  recommitted  to  the  Com- 
mittee on  Roads  and  Highways.    Lost. 

The  motion  to  indefinitely  postpone  prevailed. 

Ilouse  File  No.  14,  A  bill  for  an  act  to  provide  for  the  printing 
and  distribution  of  the  Governor's  Biennial  Message,  was  taken  up 
and  ordered  engrossed  for  a  third  reading. 

Hoase  File  No.  55,  A  bill  for  an  act  to  change  the  manner  of 
electing  Township  Trustees,  and  the  length  of  time  they  shall  re- 
main in  office,  was  taken  up. 

ilr.  Griffith  moved  that  the  bill  lay  upon  the  table  and  be  print- 
ed.   Lost. 

The  bill  was  ordered  to  be  engrossed  for  a  third  reading. 

House  File  No.  35,  A  bill  for  an  act  to  amend  Chapter  89  of  the 
Acts  of  the  Tenth  General  Assembly  was  taken  up. 

Mr.  Joy  oflfered  a  substitute  and  moved  its  adoption. 

Mr.  Wilson  of  Jackson,  moved  to  recommit  the  bill  and  substi- 
tnte  to  the  Committee  on  Ways  and  Means. 

Mr,  Morgan  moved  to  amend  by  recommitting  with  instructions 
to  the  Committee,  to  enquire  into  the  expediency  of  providing  that 
counties  may  levy  an  additional  tax  in  September,  1866." 

Mr.  Mills  moved  to  amend  the  amendment,  as  follows  :  Add, 
Pi'ovifUdy  That  said  fund  shall  be  applied  to  the  payment  of  the 
oldest  warrants  against  the  fund  to  which  said  relief  fund  shall  be 
applied. 

The  amendment  to  the  amendment  was  lost. 

The  amendment  was  adopted. 

The  motion  as  amended  prevailed. 

Mr.  Darwin  moved  to  reconsider  the  vote iy  which  House  File 
Xo.  27  was  passed  yesterday,  and  that  the  motion  to  reconsider  be 
postpoHed  until  next  Tuesday.     Carried. 

House  File  No.  41,  A  bill  for  an  act  entitled  an  act  to  authorize 
19 


146  JOURNAL  OF  THE 

the  Board  of .  SnpervisorB  of  the  several  counties  in  this  State  to 
appropriate  a  portion  of  the  Belief  Fnnd  of  their  respective  coun- 
ties to  the  payment  of  the  county  indebtedness,  was  taken  up. 

Mr.  Hale  moved  to  recommit  the  bill  to  the  Committee  on  "Ways 
and  Means.     Carried. 

House  File  No.  49,  A  bill  for  an  act  providing  compensation  for 
attorneys  in  State  cases,  was  taken  up. 

Mr.  Knox  moved  that  the  bill  be  indefinitely  postponed.  Car- 
ried. 

House  File  No.  30,  A  bill  for  an  act  extending  the  powers  of 
the  Auditor  of  State,  was  taken  up. 

The  question  bein^  on  the  engrossment  of  the  bill,  Mr.  Glasgow 
moved  that  the  rule  oe  suspended,  the  bill  be  considered  engrossed, 
and  read  a  third  time  now.    Lost. 

The  question  recurring  on  the  engrossment  of  the  bill  it  was 
ordered  to  be  engrossed  for  a  third  reading. 

APPOINTMENT  OF  COMMITTEE. 

The  Speaker  announced  the  following  House  members  of  the 
joint  committee  to  visit  the  Penitentiary  :  Messrs.  Brown  of  Win- 
neshiek, and  Walden. 

House  File  No.  19,  A  bill  for  an  act  to  amend  the  law  in  refer- 
ence to  the  execution  of  judgments  for  the  foreclosure  of  mortgagee, 
was  taken  up. 

The  question  being  on  the  engrossment  of  the  bill. 

After  consideration,  Mr.  Poindexter  moved  that  the  bill  be  re- 
committed to  the  Committee  on  Judiciary,  and  printed.    Carried. 

By  leave,  Mr.  Barnett  introduced  the  following  joint  resolution, 
which  was  adopted : 

1.  Resolved  hy  the  Houae^  the  Senate'  concurring^  That  a  joint 
committee  of  two  members  of  the  House  and  one  of  the  Senate  be 
appointed  to  visit  the  State  University  located  at  Iowa  City,  to 
inquire  into  and  report  upon  the  affairs  of  the  University,  and 
upon  the  condition  of  the  buildings  and  grounds  of  the  University, 
and  upon  the  character  and  progress  of  the  new  building  designed 
for  laooratory  and  chapel. 

2.  Hesolvedy  That  said  committee  also  inquire  into  the  condi- 
tion and  wants  of  Deaf  and  Dumb  Asylum,  located  at  Iowa  City, 
and  report  the  facts  to  this  General  Assembly. 

By  leave,  Mr.  Tracy  offered  the  following  resolutions,  which 
were  laid  over  under  the  rule : 

Hesolvedy  That  the  Governor  is  hereby  requested  to  inform  this 
House  as  soon  as  practicable  whether  he  has  certified  any  lands  to 
the  Land  Grant  Eailroads  of  this  State  since  the  meeting  of  the 
10th  General  Assembly,  and  if  so,  to  what  roads  and  the  amounts 
respectively,  together  with  his  reasons  for  so  certifying. 

Meaolved^  That  the  Kegister  of  the  State  Land  Office  is  hereby 


:%   > 


HOUSE  OP  REPRBSBNTATIVEa  147 

reqaeeted  to  inform  this  House  as  soon  as  practicable  whether  he 
has  any  information  from  the  Department  of  the  Interior  at 
Washington,  in  relation  to  the  constraction  put  upon  the  act  of 
CoDgress^of  June,  1864,  relating  to  Iowa  Land  Grant  Railroads, 
and  the  position  the  State  now  sustains  to  the  grants  of  1856. 

By  leave,  Mr.  Sapp  oflFered  the  following  report : 

The  Special  Committee  to  whom  was  referred  House  File  No.  7, 
A  bill  for  an  act  to  amend  an  act  to  define  the  time  of  holding 
Courts  in  the  Third  Judicial  District  in  this  State,  have  had  the 
eame  under  advisement,  and  thej  instruct  me  to  report  the  same 
back  to  this  House  with  the  recommendation  that  it  do  pass; 

W.  F.  SAPP,  Chairman. 

The  bill  was  taken  up  and  ordered  to  be  engrossed  for  a  third 
reading. 

Mr.  Travis  moved  to  make  the  following  resolution,  the 
special  order  at  10  o'clock  on  Saturday  next : 

Whereas,  Measures  are  pendingin  Congress,  whereby  it  is  pro- 
posed that  the  Constitution  of  the  United  States  be  so  amended  as 
to  change  the  basis  of  representation. 

Therefore  he  it  resolved  by  ike  General  AssemMy  of  the  State  of 
Icwa^  That  our  Senators  in  Congress  be  instructed,  and  our  Rep- 
resentatives requested  to  use  their  influence  to  have  the  initiatory 
measures  adopted  by  Congress,  whereby  the  Constitution  of  the 
United  States  shall  be  so  amended  as  to  change  the  present  basis 
of  representation,  and  that  no  State  shall  be  represented  for  aay 
persons  within  its  borders,  who  by  the  Constitution  or  laws  of  said 
otate  are  excluded  from  the  elective  franchise  on  account  of  race 
or  color.  . 

Hesolved,  That  a  copy  of  these  resolutions  be  forwaredd  by  the 
Secretary  of  State  to  each  of  our  Senators  and  Representatives  in 
Congress. 

The  motion  prevailed,  and  the  resolution  was  made  the  special 
order  for  Saturday,  January  27,  at  10  o'clock. 

By  leave,  Mr.  Dudley  introduced  the  following  resolution ; 

Be  it  Resolved  by  trie  General  Assembly  of  the  State  of  lowa^ 
That  the  Constitution  of  this  State  be  and  it  is  hereby  proposed  to 
be  amended  by  the  adoption  of  the  following,  which  shall  be  known 
to  Article  thirteen  thereof,  viz. : 

ARTICLE  XnL 

SKCTiim  1.  Section  1,  of  Article  2,  of  the  Constitution  of  this 
State  is  hereby  so  amended  as  to  extend  the  elective  franchise  to 
every  male  person,  whether  naturalized  or  not,  and  without  regard 
to  color,  of  the  age  of  twenty-one  years,  who  shall  have  been  a 
resident  of  this  State  six  months,  and  of  the  county  in  which  he 
claims  his  vote  sixty  days,  and  who  shall  have  enlisted  in  any  of 
the  military  forces  of  this  State,  and  aft^flr  such  enlistment  shall 


148  JOURNAL  OF  THE 

have  been  duly  mustered  into  the  military  service  of  the  United 
States  daring  the  war  of  the  Great  BebelHon,  and  shall  have  served 
therein  for  a  period  of  one  year  and  been  honorably  discharged 
therefrom ;  Providedy  no  idiot  or  insane  person ,  or  person  con- 
victed of  an  infamoas  crime,  shall  be  entitled  to  the  privilege  of 
an  elector. 

Seo.  2.  At  no  election  held  by  the  people  under  the  Constitu- 
tion or  in  pursuance  of  any  law  of  this  State,  shall  any  person  be 
deemed  a  qualified  voter  and  entitled  to  the  privilege  of  an  elector 
who  has  ever  voluntarily  been  in  armed  hostility  to  the  United 
States  or  to  the  lawful  authorities  thereof;  or  has  ever  given  aid, 
comfort,  countenance,  or  support  to  persons  engaged  in  such  hostility; 
or  has  ever,  in  any  manner,  adhered  to  the  enemies,  foreign  or  do- 
mestic, of  the  United  States ;  or  has  ever  disloyally  held  conmia- 
nication  with  such  enemies ;  or  has  ever  advised  or  aided  any  per- 
son to  enter  the  service  of  such  enemies ;  or  has  ever,  except 
under  overpowering  compulsion,  submitted  to  the  authority  or  been 
in  the  service  of  the  so-called  "Confederate  States  of  America;" 
or  has  ever  left  this  State  and  gone  within  the  lines  of  the  armies 
of  the  so-called  "  Confederate  States,"  with  the  purpose  of  ad- 
hering to  said  States  or  armies ;  or  has  ever  been  a  member  of  or 
connected  with  any  order,  society  or  organization  inimical  to  the 
Government  of  the  United  States  or  of  this  State ;  or  who  has,  by 
reason  of  treasonable  or  disloyal  acts  or  sentiments,  been  disfran- 
chised by  any  law  of  the  State  where  such  acts  or  sentiments  were 
committed  or  expressed ;  or  has  ever  left  or  come  into  the  State  for 
the  purpose  of  avoiding  enrollment  for  or  draft  into  the  military 
service  of  the  United  States. 

Seo.  3.  After  the  first  day  of  January,  one  thousand  eight  hun- 
dred and  seventy-two,  every  person  who  was  not  a  qualified  voter 
prior  to  that  time,  shall,  in  addition  to  the  other  qualifications  re- 
quired by  Section  1,  of  Article  2,  of  the  New  Constitution,  be  able 
to  read  in  order  to  become  a  qualified  voter,  unless  his  inability  to 
read  shall  be  the  result  of  a  physical  disability  ;  but  after  said  date, 
no  person  shall  ever  be  excluded  from  the  privileges  of  an  elector 
merely  on  account  of  race,  color  or  religion,  nor  shall  the  same 
ever  be  made  a  test  of  the  exercise  of  the  elective  franchise. 

Seo.  4.  After  the  first  day  of  January,  eighteen  hundred  and 
seventy-four,  the  General  Assembly  shall  have  power,  if  a  majority 
of  all  the  members  elected  to  both  houses  concur  therein,  to  sus- 
pend or  repeal  any  part  of  the  second  section  of  this  article.  On 
the  passage  of  any  act  suspending  or  repealing  said  section,  or  any 
part  thereof,  the  votes  of  both  houses  shaU  be  taken  by  yeas  and 
nays  and  entered  on  their  respective  journals. 

Sro.  5.  The  General  Assembly  shall  pass  all  laws  necessary  to 
carry  into  effect  the  provisions  of  this  Article. 

Hesolvedj  That  the  foregoing  proposed  amendments  be  entered 
on  the  journals  of  the  two  houses,  with  the  yeas  and  nays  taken 


HOUSE  OF  REPRESENTATIVES.  149 

thereon,  to  be  referred  to  the  12th  General  Assembly,  and  that  the 
Secretary  of  State  be  required  to  publish  the  satoe  for  three  months 
previous  to  the  election  of  the  members  of  the  said  General  As- 
sembly, in  one  newspaper  in  each  Senatorial  District  of  this  State 
in  which  there  shall  be  a  newspaper  printed,  and  shall  lay  the 
proof  of  such  publication  before  the  next  General  Assembly. 

Mr.  Dudley  moved  to  refer  the  resolution  to  the  Committee  on 
Constitutional  Amendments.     Carried. 

By  leave,  Mr.  Walden  offered  the  following  resolution  which 
▼as  adopted : 

Rmlved  hy  the  House  of  HepreseniativeSj  That  the  Committee 
on  Judiciary  be  instructed  to  inquire  into  the  propriety  and  justice 
of  an  act  disfranchising  all  residents  of  the  State  of  Iowa  who 
have  borne  arms  against .  the  United  States,  or  who  hare  been 
driven  from  another  State  for  harboring  guerrillas,  or  giving  aid 
or  assistance  to  our  enemies,  and  to  report  by  bill  or  otherwise. 

By  leave,  Mr.  Conway  presented  a  petition  from  Nelson  B. 
Gardner,  and  others,  asking  for  an  increase  in  the  compensation  of 
Public  Officers. 

Referred  to  the  Committee  on  Compensation  of  Public  Officers. 

By  leave,  Mr.  Runyan  presented  the  following  report : 

The  select  Committee  to  whom  was  referred  House  File  No.  18, 
A  bill  for  an  act  fixing  the  time  of  holding  courts  in  the  Eighth 
Judicial  District,  have  had  the  same  under  consideration,  and  rec- 
ommend its  passage. 

RUNFAN,  Chairman. 

By  leave,  Mr  Palmer  presented  the  account  of  C.  &.  N.  W.  R. 
B.  Co.,  for  $8.79. 

The  claim  was  referred  to  the  Committee  on  Claims. 

MESSAOB  rBOM  THE  OOTSBKOB. 

The  following  message  was  received  from  Sis  Excellency,  Gov. 
V.  M.  Stone,  by  G.  J.  North,  Private  Secretary : 

BTATB  OP  IOWA,  EXECUTIVE  DEPARTMENT, ) 

Des  Monms  January  25, 1866.     ) 

Gentlemen  of  the  Raa%e  of  R&pres&niativeB : 

In  compliance  with  the  resolution  of  the  12th  inst.,  requesting 
me  to  furnish  your  Honorable  Body  with  such  information  as  1 
may  have  touching  the  alleged  outrages  and  cruelties  inflicted  upon 
the  members  of  the  First  Iowa  Cavalry  and  other  regiments,  I 
Herewith  transmit  copies  of  telegrams  and  letters  addressed byme 
to  the  Secretary  of  War  upon  this  subject,  the  action  of  the  W ar 
Department,  and  other  documents,  which  embrace  all  the  official 
information  at  my  command  relative  to  matters  comprised  in  your 
resolution. 

W.  M.  STONE. 


150  JOURNAL  OF  THE 

The  reading  of  the  meseage  being  called  for,  Mr.  Finkbine 
moved  that  the  reading  be  dispensed  with. 

Mr.  Flanders  movea  to  amend  by  providing  that  the  reading  be 
postponed  until  to-morrow  morning  at  10  o^clock. 

The  amendment  was  lost. 

The  motion  to  dispense  with  the  reading  prevailed. 

Mr.  Finkbine  moved  that  the  message  be  laid  on  the  table. 

The  motion  to  lav  on  the  table  prevailed. 

Mr.  Bolter  moved  that  the  vote  by  which  the  resolution  concern- 
ing a  change  in  the  basis  of  representation  was  made  the  special 
order  on  Saturday  next  be  reconsidered.    Lost. 

By  leave,  Mr.  Maxwell  introduced  the  following  resolution, 
which  was  adopted : 

^esolvedy  Tuat  the  Committee  on  Printing  be  and  they  are  here- 
by instructed  to  employ  the  Kev.  Abraham  Jacobson  to  translate 
the  biennial  message,  and  the  inaugural  address  of  the  Governor 
into  the  Norwegian  language. 

By  leave,  Mr.  Goodrich  offered  the  following  resolution,  which 
was  adopted : 

Hesolvedj  That  House  Bills  Nos.  85  and  41,  relating  to  the  dis- 
position of  the  relief  fund,  together  with  the  substitute  as  offered 
oy  the  member  from  Woodbury  (Mr.  Joy)  be  withdrawn  from  the 
Committee  on  Ways  and  Means,  and  referred  to  a  Select  Commit- 
tee of  which  Mr.  Joy  of  Woodbury,  shall  be  Chairman,  with  in- 
structions to  examine  the  subject  and  report  a  bill  suited  to  the  dif- 
ferent localities  of  the  State. 

The  Speaker  announced  the  Committee  as  follows :  Messrs.  Joy, 
Goodrich,  McNutt,  Sipple  and  Morgan. 

By  leave,  Mr.  Landes  offered  the  lollowing  resolution,  which  was 
adopted  : 

Resolved  by  the  General  Assembly  of  the  State  of  loxoa^  That 
our  Senators  and  Kepresentatives  in  Congress  are  hereby  re- 
quested to  use  their  influence  to  procure  the  passage  of  a  law  for 
increased  mail  facilities,  as  follows  :  A  tri-weekly  route  from  Oce- 
ola,  the  county  seat  of  Clark  county,  by  the  way  of  La  Salle  to 
Hopeville,  in  said  county. 

And  that  each  member  of  Congress  from  this  State  be  furnished 
with  a  copy  of  the  above  resolution. 

By  leave,  Mr.  Clark  presented  the  claim  of  Dan.  A.  Poorman 
(for  making  a  diagram  of  the  House  for  the  use  of  the  Speaker,) 
amounting  to  $15. 

Referred  to  Committee  on  Claims. 

Mr.  Morgan  asked  and  obtained  leave  of  absence  for  Mr.  Stock- 
man, on  account  of  continued  illness. 

Mr.  Walden  asked  and  obtained  leave  of  absence  for  Mr.  Mar- 
tin until  Wednesday  next: 

By  leave,  Mr.  Walden  presented  a  petition  from  Caleb  Wint- 


HOUSE  OP  REPRBTSENATIVB8.  151 

worth  and  others,  asking  for  an  increase  in  the  fees  of  sheriffs. 

The  petition  was  referred  to  the  Committee  on  Claims. 

Mr.  Darwin  offered  the  following  resolution  from  the  Committee 
on  Judiciary  and  moved  its  adoption. 

Rewlved^  That  the  Committee  on  the  Judiciary  may  order  to  be 
printed  for  its  use  such  bills  as  the  prompt  discharge  of  its  duties 
may  necessitate. 

Mr.  Fellows  moved  to  amend  by  striking  out  the  words,  "  Ju- 
diciary Committee,"  and  inserting  in  lieu  thereof  the  words,  "  All 
Committees." 

The  motion  to  amend  was  lost. 

The  resolution  was  adopted. 

Mr.  Brown  of  Decatur  offered  the  following  Joint  Resolution, 
which  wad  adapted : 

Whereas,  There  is  a  daily  stage  route  from  Chariton,  Lucas 
county,  Iowa,  via  Garden  Grove,  Iowa,  to  Leon, , Decatur  county, 
Iowa;  therefore, 

Be  it  Resolved  hy  ihs  Oeneral  Assemby  of  the  State  of  lowa^ 
That  our  Senators  be  instructed,  and  our  Representatives  in  Con- 
gress be  requested  to  use  their  influence  to  establish  a  daily  mail 
route  from  Chariton,  Lucas  county,  Iowa,  via  Garden  Grove,  Iowa, 
to  Leon,  Decatur  county,  lowa^  a  distance  of  thirty-five  miles. 

That  a  copy  of  this  resolution  be  forwarded  to  each  of  our  Sen- 
ators and  Representatives  in  Congress. 

Mr.  Clark  moved  to  adjourn  until  to-morrow  morning,  at  10 
o'clock. 

Mr.  Burnett  moved  to  amend  by  striking  out  "10  o'clock  to- 
morrow," and  inserting  in  lieu  thereof  the  words  *'2  o'clock  this 
afternoon." 

On  the  motion  to  amend  Mr.  Burnett  demanded  the  yeas  and 
nays,  which  was  seconded,  and  were  as  follows  : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Bahl,  Bereman, 
Boomer,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Brown  of 
Madison,  Buck,  Burnett,  Carbee,  Close,  Comfort,  Conway,  Craw- 
ford, Emery,  Fellows,  Garber,  Goodrich,  Graves,  GriflSth,  Hand, 
Knox,  Landes,  Lowdon,  McPherson,  Morgan,  Olmstead,  Palmer, 
Poindexter,  Sapp,  Safely,  Serrin,  Sipple,  Tracy,  Travis,  West, 
Wright,  Wilson  of  Dubuque,  "Williams  of  Des  Moines,  Wilson 
of  Jackson,  Mr.  Speaker — 43. 

The  nays  were  Messrs.  Abbott,  Ballinger,  Barnes,  Belt,  Ben- 
nett, Brown  of  Van  Buren,  Brown  of  Winneshiek,  Clark,  Dar- 
win, Dashiel,  DeForest,  Dudley,  Dwelle,  Finkbine,  Flanders, 
Fry,  Gary,  Glasgow,  Holmes,  Holden,  Huggins,  Joy,  Knapp, 
Leffingwell,  Linderman,  Martin,  McNutt,  McCullough,  McLaugh- 
lin, McKean,  Mills,  Rogers,  Rohlfs,  Runyan,  Russell,  Ryan,  Sher- 
man, Thacher,  Tisdale,  Thomson,  Thorn,  Walden,  Wilcox,  Wilson 
of  Marshal,  Williams  of  Winneshiek — 45. 

Absent,  not  voting,  Messrs.  Barker,  Gamble,  Gaylord,  Garrett, 


152  JOURNAL  OP  THE 

Godfrey,  Hale,  Maxwell,  O'Brien,  Stockman  and  Yan  Leuven — 11. 

So  the  amendment  was  lost. 

Mr.  Comfort  moved  to  amend  by  striking  out  "10"  and  insert- 
ing "  9." 

The  amendment  was  adopted. 

The  motion  prevailed. 
^  By  leave,  Mr.  Darwin  submitted  the  following  report : 

Mb.  Speaker  : — I  am  instructed  by  the  Committee  on  Judiciarj* 
to  whom  was  referred  House  File  No.  76,  entitled  a  bill  for  an  act 
to  amend  Chapter  28  of  Revision  of  1860  relating  to  County  Sur- 
veyors to  report  their  recommendation  that  the  bill  do  not  pass. 

DAEWIN,  Chairman. 

By  leave,  Mr.  Finkbine  submitted  the  following  report : 

The  Committee  en  Ways  and  Means,  to  whom  was  referred 
House  File  No.  3i,  A  bill  for  an  act  to  repeal  sub-division  23, 
Section  312,  Chapter  22,  of  Revision  of  1860,  have  instructed  me 
to  report  the  same  back  with  the  recommendation  that  it  be  re- 
ferred to  the  Committee  on  County  and  Township  Organizations, 
they  having  bills  pertaining  to  the  same  subject  under  considera- 
tion. K  S.  FINKBINE,  Chairman. 

The  report  of  the  Committee  was  concurred  in,  and  the  bill  bo 
referred. 

By  leave,  the  same  Committee  presented  the  following  report : 

The  Committee  of  Ways  and  Means,  to  whom  was  referred  the 
resolution  of  the  Board  of  Supervisors  of  Clinton  county,  have  in- 
structed me  to  report  the  same  back  without  recommendation. 

FINKBINE,  Chairman. 

By  leave,  the  same  Committee  presented  the  following  report : 

Mk.  Speaker: — The  Committee  of  Ways  and  Means,  to  whom 
was  referred  the  resolution  directing  the  Auditor  to  credit  Story 
county  with  certain  moneys,  have  instructed  me  to  report  the  same 
back  with  the  recommendation  that  it  be  referred  to  the  Commit- 
tee on  Claims.  FINKBINE,  Chairman. 

The  report  of  the  Committee  was  concurred  in,  and  the  resolu- 
tion so  referred. 

By  leave,  the  same  Committee  presented  the  following  report : 

Mb.  Speakek  : — The  Committee  of  Ways  and  Means,  to  whom 
was  referred  the  resolutions  adopted  by  the  City  Council  of  Clin- 
ton, have  had  the  same  under  consideration  and  instructed  me  to 
report  the  same  back  with  the  recommendation  that  the  prayer  of 
the  petitioners  be  not  granted. 

FINKBINE,  Chairman. 

By  leave,  Mr.  Palmer  introduced  House  File  No.  97,  A  bill  for 
an  act  to  repeal  Sec.  4220  of  the  Revision  of  1860,  and  to  provide 
a  substitute  therefor. 

Head  a  first  and  second  time  and  referred  to  the  Committee  of 
the  Judiciary. 

By  leave,  Mr.  Comfort  introduced  House  File  No.  98,  A  bill  for 


HOUSE  OP  RBPRBBBNTATIVBS.  l.JS 

an  act  to  amend  Sec.  2  of  Chap.  37  of  the  Acts  of  the  8th  General 
Assembly,  relating  to  the  C.  K.  and  Mo.  K.  K.  Co.,  which  was 
read  a  first  and  second  times,  and  referred  to  Committee  on  Rail- 
roads. 
On  motion  of  Mr.  Maxwell  the  House  adjonrned. 


Hall  of  House  op  EEPSBSENTATrvES, ) 
Des  Moines,  January  26, 1866.      ) 


Honse  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Journal  of  yesterday  read  and  approved. 


BILLS  ON  SECOND  BEADING, 


Beiuff  the  regular  order,  House  File  No.  83,  A  bill  for  an  act  to 
repetu  Sec.  2241  of  the  Revision  of  1860,  and  enact  a  substitute 
therefor,  prescribing  the  mode  of  indexing  the  conveyances  of 
town  lots  in  cities  and  towns,  was  taken  up,  and  referred  to  Com- 
mittee on  Judiciary. 

House  File  No.  3,  A  bill  for  an  act  amendatory  to  an  act  enti- 
tled an  act  fixing  the  times  tor  holding  Court  in  the  Sixth  Judicial 
District,  approved  April  3d,  1862,  together  with  a  substitute  for 
the  bill,  was  taken  up. 

The  substitute  being  adopted  and  ordered  engrossed,  Mr.  Bur- 
nett moved  that  the  rule  be  suspended,  the  bill  be  considered  en* 
grossed,  and  read  a  third  time  now.    Carried. 

The  bill  was  read  a  third  time,  and  upon  the  question  "  shall 
the  bill  pass  i  " 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes,  Bar- 
ter, Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of  De- 
catur, Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Bnren, 
Brown  of  Winneshiek,  Buck,  Burnett,  Carbee,  Clark,  Close,  Com- 
fort, Conway,  Crawford,  Darwin,  Dashial,  DeForest,  Dudley, 
Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gay- 
lord,  G^ry,  Garrett,  Garber,  Glasgow,  Goodrich,  Graves,  Griffith, 
Hale,  Hand,  Holmes,  Holden,  Huggins,  Joy,  Knapp,  Enox,  Lan- 
ded, Leffingwell,  Linderraan,  Lowdon,  Maxwell,  McFheraon,  Mc- 
Natt,  McCuUough,  McLaughlin,  McKean,  Mills,  Morgan,  O'Brien, 
Olmstead,  Palmer,  Poindexter,  Kogers,  Eohlfs,  Bunyan,  Kussell, 
Kjan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher, 
Travis,  Tisdale,  Thomson,  Thorn,  Walaen,  West,  Wilcox, 
Wright,  Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of 
20 


154  JOURNAL  OF  THE 

Jackson,  Wilson  of  Marshall,  Williams    of    Winneshiek,    Mr. 
Speaker — ^93. 

Absent,  and  not  voting,  Messrs.  Ballinger,  Godfrey,  Martin, 
Stockman  and  Van  Lenven — 6. 

So  the  bill  passed,  and  the  title  was  agreed  to. 

Honse  File  No.  67,  A  bill  for  an  act  to  authorize  the  Board  of 
Supervisors  to  compromise  certain  judgments  in  favor  of  the  State, 
was  taken  up. 

Mr.  Sapp  moved  to  amend  by  inserting  after  the  fifth  line  of 
Section  1,  "  or  any  of  the  counties  in  said  State.  " 

The  Motion  to  amend  prevailed. 

Ordered  that  the  bill  be  engrossed,  and  read  a  third  time. 

House  File  No.  60,  A  bill  for  an  act  to  amend  Section  4220,  of 
Chapter  165,  of  the  revision  of  1860,  was  taken  up,  and  referred 
to  tlie  Committee  on  the  Judiciary. 

House  File  No.  15,  A  bill  for  an  act  to  repeal  Section  4993,  of 
revision  of  1860,  was  taken  up,  together  with  a  substitute  therefor. 

The  substitute  being  adopted. 

Ordered  that  the  bill  be  engrossed  and  read  a  third  time. 

House  File  No.  54,  A  bill* for  an  act  providing  for  change  of 
venue  in  preliminary  examinations  before  a  Justice  of  the  Peace, 
was  taken  up. 

On  motion  of  Mr.  Hale,  the  amendments  recommended  by  the 
Committee  of  Judiciary,  were  adopted  and  the  bill  ordered  en- 
grossed and  read  a  third  time. 

House  File  No.  56,  A  bill  for  an  act  to  amend  the  law  in  rela- 
tion to  the  competency  of  witnesses,  was  taken  up  and  ordered  en- 
grossed for  a  third  reading. 

House  File  No.  80,  A  bill  for  an  act  to  repeal  Chapter  41,  of  the 
acts  of  the  Fifth  General  Assembly,  entitlea  an  act  to  encourage 
agriculture  and  mechanic  arts  in  Johnson  County,  approved  July 
20, 1855,  was  taken  up,  and  it  was  ordered  that  the  bill  be  en- 
grossed and  read  a  third  time. 

House  File  No.  52,  A  bill  for  an  act  to  amend  Chapter  46,  Arti- 
cle first  of  the  revision  of  1860,  in  relation  to  laying  and  estab- 
lishing County  roads,  was  taken  up. 

Mr.  Maxwell  moved  that  the  bill  be  laid  on  the  table.  '   Carried. 

House  File  No.  70,  A  bill  for  an  act  relating  to  persons  who  are 
liable  to  work  the  roads,  was  taken  up. 

Mr.  Maxwell  moved  that  the  bill  be  indefinitely  postponed. 
Carried.    • 

House  File  No.  94,  A  bill  for  an  act  to  authorize  Courts  upon 
granting  change  of  venue  in  criminal  cases  to  require  witnesses  to 
enter  into  recognizance  for  their  appearance  at  the  court  to  which 
such  change  or  venue  may  be  granted,  was  taken  up. 

Mr.  Tracy  moved  that  the  blank  in  Section  1st  be  filled  with  the 
words  "  1150." 


HOUSE  OF  RBPRESESNTATIVBB.  155 

Mr.  McKemi  moved  to  fill  the  blank  with  the  words  $160  in  the 
district  courts  and  fifty  dollars  in  a  Justice's  court. 

Mr.  McXutt  moved  to  further  amend  bj  adding  after  the  word 
'•  granted,"  in  the  last  line  of  the  first  Section,  the  words  "  or  in 
case  of  failure  to  give  such  recognizance  to  be  imprisoned  in  the 
county  jail  until  Uie  day  of  trial." 

Mr.  Gamble  moved  that  the  bill,  with  the  proposed  amendments, 
be  recommitted  to  the  Committee  on  Judiciary.    Carried. 

House  File  No  75,  A  bill  for  an  act  to  amend  Section  8362  of 
the  Revision  of  1860  in  relation  to  administering  oaths  to  ap- 
praisers, with  the  amendments  proposed  by  the  Committee,'  was 
taken  up* 

On  motion  of  Mr.  Wilson,  of  Jackson,  the  amendments  re- 
ported by  the  Committee  were  concurred  in. 

Ordered  that  the  bill  be  engrossed  and  read  the  third  time. 

House  File  No.  66,  A  bill  tor  an  act  to  provide  for  the  distribu- 
tion of  the  Adjutant  General's  Seport  of  Jan.  1st,  1866,  was 
taken  up. 

Mr.  Fellows  moved  to  amend  the  bill  by  providing  for  furnish- 
ing County  Treasurers  with  a  copy  of  said  report,  upon  the  con- 
ditions as  a  copy  is  furnished  to  County  Judges.     Carried. 

Mr.  Wilson  of  Jackson,  moved  to  add  Sheriffs,  with  same  con- 
ditions.    Carried. 

Mr.  Tisdale  moved  to  add  County  Superintendents  of  Common 
Schools,  with  same  conditions.     Carried. 

Ordered  that  the  bill  be  engrossed  and  read  a  third  time. 

House  File  No.  18,  A  bill  for  an  act  fixing  the  time  of  holding 
Courts  in  the  Eighth  Judicial  District,  was  taken  up. 

Ordered  that  the  bill  be  engrossed  and  read  a  third  time. 

House  File  No.  69,  A  bill  for  an  act  making  provisions  for  the 
settlement  of  all  liabilities  of  the  State  and  University  growing 
Qt  of  the  sale  of  certain  lands  in  Appanoose  County,  sold  as  Sa- 
line Lands,  was  taken  up. 

Mr.  Belt  moved  the  bill  be  laid  on  the  table  and  printed.   Lost. 

Ordered  that  the  bill  be  en  grossed  and  read  a  third  time. 

REPORT  OF    OOKMITTEB. 

The  Committee  on  Engrossed  Bills  presented  the  following  re- 
ports: 

The  Committee  on  Engrossed  Bills  to  whom  was  referred  House 
i^  lie  No.  55,  A  bill  for  an  act  to  change  the  manner  of  electing 
Township  Trustees  and  the  length  of  time  they  shall  remain  in 
office,  have  had  the  same  under  examination  and  find  the  same 
correctly  engrossed. 

A.  E.  MILLS. 

The  Committee  on  Engrossed  Bills  to  whom  was  referred  House 
File  No.  14,  An  act  to  provide  for  the  printing  and  distribution  of 


156  JOURNAL  OP  THE 

the  Governor's  Biennial  Message,  beg  leave  to  report  that  they 
have  had  the  same  under  examination  and  find  the  same  correctl  j 
engrossed. 

A.  E.  MILLS. 

The  Committee  on  Engrossed  Bills  to  whom  was  referred  Honse 
File  No.  30,  A  bill  for  an  act  extending  the  powers  of  the  Auditor 
of  State,  woald  respeetfallj  report  that  they  have  examined  the 
same  and  find  it  correctly  engrossed. 

A.  R,  MILLS. 

Honse  File  No.  6,  A  bill  for  an  act  defining  the  duties  of  the 
Register  of  the  State  Land  OfiSce,  was  taken  np,  and  the  amemd- 
ments  recommended  by  the  committee  concurred  in. 

Ordered  that  the  bill  be  engrossed  and  read  a  third  time. 

Mr.  Finkbine  moved  that  when  the  House  adjourn,  it  be  until 
to-morrow  morning,  at  9  o'clock.  Carried. 
.  House  File  No.  59,  A  bill  for  an  act  to  prevent  the  importation, 
running  at  large  and  sale  of  horses  being  diseased  witli  gleet  or 
glanders,  together  with  the  substitute  offered  by  the  committee,  was 
token  up. 

The  substitute  was  adopted. 

Ordered  that  the  bill  be  engrossed  and  read  a  third  time. 

Mr.  Tisdale  submitted  the  following  report: 

The  Committee  on  Enrolled  Bills  have  examined  House  File 
No.  16  and  the  Joint  Resolution  relating  to  appointment  of  a  com- 
mittee to  visit  the  Penitentiary. 

Also,  Senate  File  Nos.  4  and  27,  find  Uie  same  correctly  en- 
rolled, and  present  them  for  your  signature. 

G.  J.  TISDALE,  Chairmftn. 

House  File  No.  67,  A  bill  lor  an  act  to  amend  Section  768,  of 
Chapter  45,  of  the  Revision  of  1860,  was  taken  up. 

Mr.  Maxwell  moved  that  the  bill  be  indefinitely  postponed. 
Carried. 

House  File  No.  96,  A  bill  for  an  act  to  amend  Section  710, 
Chapter  45,  and  Section  312,  Chapter  22,  of  Revision  of  1860,  was 
taken  up. 

Mr.  Fry  presented  a  substitute  and  moved  its  adoption. 

Mr.  Finkbine  moved  to  refer  the  bill  and  substitute  to  the  Com- 
mittee on  Roads  and  Highways.    Carried. 

House  File  No.  7*6,  A  bill  for  an  act  to  amend  Chapter  28,  of 
Revision  of  1860,  relating  to  County  Surveyors,  was  taken  up. 

After  consideration,  Mr.  Barker  moved  to  recommit  the  bill  to 
the  Committee  on  Compensation  of  Pablic  Ofiicers.     Carried. 

Leave  of  absence  was  granted  Mr.  Griffith  for  five  days. 

Leave  of  absence  was  granted  Mr.  McPhersonjantil  next  Monday. 

On  motion  of  Mr.  Tracy,  the  House  adjourned. 


HOUSE  OP  RSPRSSSNTATIVES.  157 


Hall  of  Houbb  of  BxpsBSBNTATivESy  ) 
Dss  Moonss,  January  27, 1866.      f 

House  met  pnrdnant  to  adjonrnment. 

Speaker  in  the  Chair. 

Prayer  by  Rev.  Mr.  Childs, 

Journal  of  yesterday  read  and  approved. 

Mr.  Glasgow  asked  leave  of  absence  for  C.  S.  Wilson,  Ist  Assis- 
tant Clerk  of  House  of  Representatives,  until  next  Monday,  which 
was  granted. 

Mr.  Sapp  asked  leave  of  absence  for  Mr.  Hale,  for  seven  days, 
which  was  granted. 

Mr.  Brown  of  Madison,  asked  leave  of  absence  for  Mr.  Thacher, 
for  one  day,  which  was  granted. 

BILLS  ON  THIBD  SBABINO. 

House  File  No.  30,  A  bill  for  an  act  extending  the  powers  of 
the  Auditor  of  State,  was  read  a  third  time. 

Upon  the  question,  ^^  Shall  the  bill  pass  2 "  the  yeas  and  nays 
were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes, 
Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of  Decatur, 
Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Baren, 
Brown  of  Winneshiek,  Buck,  Burnett,  Oarbee,  Clark,  Close,  Com- 
fort, Conway,  Crawford,  Daahiel,  DeForest,  Dudley,  Dwelle,  Em- 
ery, Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Qaylord,  Gary, 
Garrett,  Garber,  Glasgow,  Graves,  Hand,  Holmes,  Hold  en,  Knapp, 
Knox,  Landes,  Linderman,  Lowdon,  Maxwell,  McNutt,  McCul- 
loagh,  McLaughlin,  McKean,  Mills,  Morgan,  Olmstead,  Palmer, 
Poindexter,  Rc»hlf8,  Runyan,  Russell,  Ryan,  Sapp,  Safely,  Serrin, 
Sherman,  Sipple,  Tracy,  Travis,  Tisdale,  Thomson,  Thorn,  Van 
Leuven,  Wafden,  West,  Wilcox,  Wright,  Williams  of  Des  Moines, 
VBson  of  Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek, 
Mr.  Speaker — 81. 

In  the  negative,  Mr.  O'Brien. 

Absent,  not  voting,  Messrs.  Ballinger,  Barker,  Darwin,  Godfrey, 
Goodrich,  Griffith,  Hale,  Huggins,  Joy,  Lefflngwell,  Martin,  Mc- 
Pherson,  Rogers,  Stockman,  Thacher,  Wilson  of  Dubuque — 16. 

House  File  No.  14,  A  bill  for  an  act  to  provide  for  the  printing 
and  distribution  of  the  Governor's  Biennial  Message,  was  read  a 
third  time,  and  upon  the  question  "  Shall  the  bill  pass  ? "  the  yeas 
and  nays  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Belt,  Brown 
of  Louisa,  Brown  of  Madison,  Brown  of  Winneshiek,  Buck,  Bur- 
nett, Carbee,  Clark,  Conway,  DeForest,  Dudley,  Dwelle,  Emery, 
Finkbine,  Flanders,  Fry, '  Glasgow,  Goodrich,  Graves,  Holden, 


158  JOURNAL  OP  THE 

LiDdermaD,  McKutt,  McCnllongh,  McLaughlin,  McKean,  Mills, 
Olmstead,  Palmer,  Foindexter,  Koblfs,  Kiinjan,  Bnssell,  Sapp, 
Safely,  Serrin,  Sherman,  Tracy,  Tisdale,  Thomson,  Thorn,  Wal- 
den.  West,  Wilcox,  WilliamB  of  Des  Moines,  Wilson  of  Jackson, 
Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 51. 

The  nays  were  Messrs.  Barnes,  Bahl,  Bereman,  Bennett,  Boom- 
er, Bolter,  Brown  of  Decatur,  Brown  of  Van  Baren,  Close,  Com- 
fort, Crawford,  Dashiel,  FeHows,  Gamble,  Gay  lord,  Gary,  Garrett, 
Garber,  Hand,  Holmes,  Knapp,  Enox,  Landes,  Lowdon,  Maxwell, 
Morgan,  O'Brien,  Byan,  Sipple^  Travis,  Van  Leuven,  Wilson  of 
Dubuque— 33. 

Absent  and  not  voting,  Messrs.  Ballinger,  Barker,  Darwin,  God- 
frey, Griffith,  Hale,  Hu^ins,  Joy,  Leffingwell,  Martin,  McPher- 
son,  Rogers,  Stockman,  Thacher,  Wright — 15. 

House  File  Ko.  55,  A  bill  for  an  act  to  change  the  manner  of 
electing  Township  Trustees,  and  the  length  of  time  they  shall  re- 
main in  office,  was  read  a  third  time. 

Mr.  Close  moved  that  the  bill  be  recommitted  to  the  Committee 
on  County  and  Township  Organization  with  instructions  to  amend 
by  making  provision  that  three  Township  Trustees  be  elected  at 
the  next  general  election,  and  that  their  term  of  office  be  deter- 
mined by  lot. 

SPECIAL  OBDEB. 

The  hour  having  arrived  for  the  consideration  of  the  special 
order,  being  a  resolution  relative  to  the  proposed  amendment  to 
the  Constitution  of  the  United  States,  concerning  the  basis  of  rep- 
resentation in  the  different  States  where  persons  are  excluded  from 
the  elective  franchise  on  account  of  race  or  color,  Mr.  Sapp  moved 
that  the  subject  be  laid  on  the  table. 

The  motion  to  lay  upon  the  table  prevailed. 

PETITIONS. 

Mr.  Bunyan  presented  a  petition  from  sundry  citizens  of  Benton 
county,  praying  for  increased  jurisdiction  for  county  Courts. 

Beferred  to  the  Committee  on  Judiciary. 

Mr.  Abbott  presented  a  petition  from  sundry  citizens  of  Dallas 
county,  praying  for  a  change  of  the  mode  of  transaction  of  county 
business. 

Beferred  to  the  Committee  on  County  and  Township  Organiza- 
tion. 

Mr.  Goodrich  presented  a  petition  from  the  citizens  of  Fayette 
county,  praying  tor  increasing  fees  of  Kecorders  of  Deeds. 

Beferred  to  the  Committee  on  County  and  Township  Organiza- 
tion. 
.  Mr.  Wilson  of  Marshall,  presented  a  petition  from  citizens  of 


HOUSE  OP  REPRESBNTATlVEa  159 

Mai^hall  county,  praying  for  rednction  of  tariffs  on  freight  on  Rail- 
roads, and  requiring  Bailroad  Companies  to  become  responsible 
as  common  carriers. 

Referred  to  Committee  on  Commerce.  • 

Mr.  Mills  presented  a  petition  from  citizens  of  Greene  coanty, 
asking  additional  compensation  for  County  Recorders. 

Keferred  to  the  Committee  on  County  and  Township  Organiza- 
tion. 

Mr.  Emery  presented  a  petition  from  citizens  of  Powesheik 
county,  praying  that  the  per  diem  of  County  Surveyors  be  increased. 

Referred  to  the  Committee  on  Compensation  of  Public  Officers. 

Mr.  West  presented  a  petition  from  citizens  of  Henry  county, 
to  encourage  growth  of  timber. 

Referred  to  the  Committee  on  Agriculture. 

Mr.  Safely  presented  a  petition  from  citizens  of  Cedar  county, 
praying  for  a  rednction  of  fare  and  tariff  for  freight  on  the  Mis- 
sissippi and  Missouri  Railroad. 

Referred  to  the  Committee  on  Commerce. 

Mr.  Safely  presented  a  petition  from  citizens  of  Cedar  county, 
praying  for  a  reduction  of  tariff  of  freight  on  Railroads  in  this 
State. 

Referred  to  the  Committee  on  Commerce. 

Mr.  McCallough  presented  a  petition  from  the  members  of  the 
Third  Iowa  Regiment,  praying  for  an  appropriation  for  each  mem- 
c(«r  of  said  regiment,  for  clothing  deducted  from  their  pay,  that 
was  furnished  to  them  by  the  State  of  Iowa. 

Referred  to  the  Committee  on  Military  Affairs. 

Mr.  West  presented  a  petition  from  citizens  of  Salem,  Henry 
County,  praying  for  the  suppression  of  intemperance. 

Referred  tp  the  Comnjiittee  on  the  Suppression  of  Intemperance. 

Mr.  Tracy  presented  a  petition  fi:om  citizens  of  Henry  County 
praying  for  Don-repeal  of  prohibitory  li'quor  law. 

Referred  to  the  Committee  .on  the  Suppression  of  Intemper- 
ance. 

Mr.  Tracy  presented  a  petition  from  tbe  citizens  of  Butler  and 
Grnndy  Connties  asking  tne  passage  of  a  law  prohibiting  the  sale 
of  beer,  wine  and  cider. 

Referred  to  the  Committee  on  the  Suppression  of  Intemperance. 

Mr.  Tracy  presented  a  petition  from  the  citizens  of  Clinton 
Coanty,  against  the  repeal  of  the  prohibitory  liquor  law  or  any 
diaoge  in  the  same. 

Referred  to  the  Committee  on  the  Suppression  of  Intemperance. 

Mr.  Tracy  presented  a  petition  from  the  citizens  ot  Henry 
Coanty,  remonstrating  against  the  repeal  of  the  prohibitory  liquor 
law 

Referred  to  the  committee  on  the  Suppression  of  Intemperance. 

Mr.  Serrin  presented  a  petition  from  sundry  citizens  of  Iowa 
County,  requiring  Rail  Road  Companies  to  fence  their  roads. 


I 
160  JODRNAL  OF  THE 

Keferred  to  the  Committee  on  Comraercg. 

Mr.  Finkbine  presented  a  petition  from  members  of  the  Board 
of  Carators  of  the  State  Historical  Society,  praying  for  an  increase 
of  $1500  in  the  annual  appropriation  to  that  institution. 

Referred  to  the  Committee  on  Schools. 

Mr.  Huggins  presented  a  petition  from  the  Board  of  Supervisors 
and  sundry  citizens  of  Einggold  County,  asking  increase  in  juris- 
diction of  County  Judges. 

Referred  to  Committee  on  Judiciary. 

Mr.  Brown,  of  Madison,  presented  a  petition  from  sundry  citi- 
zens of  Madison  county  praying  for  the  increase  ot  pay  of  County 
Judge.  Referred  to  the  Committee  on  Compensation  of  Public 
Officers. 

Mr.  Brown,  of  Madison,  presented  a  petition  from  sundry  citi- 
zens of  Madison  county  autnorizing  the  County  Surveyors  to  es- 
tablish lost  corners  by  living  testimony.     Referred  to  the  Commit-  * 
tee  on  Judiciary. 

REPORTS  OF  COMMITTEES. 

Mr.  Clark  from  the  Committee  on  Claims,  submitted  the  follow- 
ing report  : 

The  Committee  on  Claims  to  whom  was  referred  the  petition  of 
A.  J.  Van  Dnzee,  and  twenty  others,  citizens  of  Dubuque,  askinr* 
relief  for  one  George  Higley  of  Dubuque,  Iowa,  who  was  on  t'  ' 
22d  dav  of  February,  1865,  a  private  in  th^  regular  city  battery- 
an  artillery  company  organized  under  the  laws  of  Iowa — and  who 
lost  his  right  arm  by  the  premature  explosion  of  a  gun,  while  in 
the  line  of  his  duty,  beg  leave  to  report  that  they  have  had  the 
same  under  consideration,  and  have  instructed  me  to  report  the 
same  back  to  this  House,  with  the  accompaning  bill  and  recom- 
mend its  passage. 

S.  CLARK,  Chairman. 

House  File  No.  99  was  read  a  first  and  second  time  and  passed 
upon  the  Files. 

Mr.  Clark,  from  the  Committee  on  Claims,  submitted  the  fol- 
lowing report : 

The  Committee  on  Claims,  to  whom  was  referred  the  claim  of 
Dan  A.  Poorman,  for  a  diagram  of  the  House  of  Representatives 
(now  on  the  Speakers  Stand)  for  the  sum  of  fifteen  dollars,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration, 
and  have  instructed  me  to  report  the  same  back  to  this  House,  and 
recommend  that  ten  dollars  be  allowed,  and  that  the  same  be  re- 
ferred to  the  Committee  on  Ways  and  Means,  with  instructions 
that  the  said  amount  be  included  in  the  general  appropriation 
bill. 

L.  CLARK,  Chairman. 

The  report  was  concurred  in,  and  the  account  was  referred  to  the 
Committee  on  Ways  and  Means. 


HOUSE  OP  REPRESENTATIVES.  161 

« 

The  following  report  was  also  submitted  by  Mr.  Clark,  and  the 
same  disposition  made  in  regard  to  the  Claim. 

The  Committee  on  Claims  to  whom  was  referred  the  claim  of 
the  Chicago  &  Northwestern  Railroad  Company  for  transportation 
tarnished  npon  requisition  of  N.  B.  Baker,  Adjntant-General  of 
Iowa,  for  the  sum  of  $8.79,  beg  leave  to  report  that  they  have  had 
the  same  under  consideration,  and  have  instructed  me  to  report  the 
same  back  to  the  House,  and  recommend  that  said  claim  be  allow^ed 
aiid  that  the  same  be  referred  to  the  Committee  on  Ways  and 
ileans  with  instruction  that  the  same  be  included  in  the  general  ap- 
propriation bill. 

L.  CLARK.  Chairman. 

By  Mr.  Glasgow :  Tour  Committee  on  Military  Affairs  being 
directed  bj  resolution  of  the  House  to  inquire  into  the  expediency 
of  providing  the  Adjutant  General  with  additional  copies  of  his 
reports  for  1864  and  1865,  for  distribution  to  certain  officers,  have 
instructed  me  to  report  the  following  bill  to  the  House  and  recom- 
mend that  it  do  pass.  S.  L.  GLASGOW,  Chairman. 

The  bill  (House  File  No.  100,  A  bill  for  an  act  providing  for 
the  distribntion  of  the  Adjutant  General's  Report)  was  read  a  first 
and  second  times,  and  passed  upon  the  files. 

Bj  Mr.  Maxwell :   The  Committee  on  Roads  and  Highways,  to 

whom  was  referred  House  File  No.  91,  have  had  the  same  under 

consideration,  and  in  the  opinion  of  the  Committee  the  law  as  it 

stands  meets  fully  the  ends  of  justice.     The  Com-mittee  have 

:*fore  instructed  me  to  report  the  bill  back  with  the  recommen- 

uaiion  that  it  do  not  jpass. 

All  of  which  is  respectfully  submitted. 

GEO.  M.  MAXWELL. 

By  Mr.  Close  :  Your  Committee  on  County  and  Township  Or- 
panizations,  to  whom  was  referred  the  petition  of  the  Board  of 
Supervisors  of  Benton  county  asking  for  an  amendment  to  Section 
307  of  the  Revision  of  1860,  have  had  the  same  under  considera- 
tion, and  have  instructed  me  to  report  the  same  back  with  bill,  in 
O'jmpliance  with  the  prayer  of  said  petitioners,  with  recommenda- 
tion that  it  do  pass. 

C.  CLOSE,  for  Committee. 

House  File  No.  101  (from  the  Committee  on  County  and  Town- 
ship Organization)  w^as  read  a  first  and  second  time  and  passed 
upon  the  Files. 

By  Mr.  Joy:  The  Special  Committee  to  whom  was  referred 
House  Files  Nos.  41  and  35  with  the  substitute  therefor,  have  had 
the  same  under  consideration,  and  have  instructed  me  to  report 
the  same  back  with  a  substitute  therefor,  and  recommend  that  the 
(UbstitQte  do  pass. 

WM.  L.  JOT,  Chairman. 

The  bill  (substitute  for  House  File  No.  35  and  41)  was  read  a 
first  and  second  times  and  passed  upon  the  Files. 
21 


162  JOURNAL  OP  THE 

By  Mr.  Tisdale  :  The  Select  Committee  to  which  was  ^referred 
the  joint  resolution  memorializing  Congress  to  amend  the  act 
granting  certain  lands  to  the  McGregor  "Western  Railroad  Com- 
pany for  the  construction  of  a  railroad  on  the  43d  parallel  west- 
ward from  McGregor,  have  had  the  same  under  consideration  and 
have  instructed  me  to  report  a  substitute  with  the  recommendation 
that  it  pass. 

G.  J.  TISDALE,  Chairman. 

The  bill  (House  File  No.  102,  A  bill  for  an  act  in  relation  to  the 
manner  of  conveying  lands  to  the  McGregor  "Western  Railroad 
Company,  by  the  State  of  Iowa,  which  are  subject  to  be  conveyed 
to  the  State  of  Iowa,  by  the  United  States  for  the  use  of  the  Mc- 
Gregor Western  Railroad  Company,  according  to  an  act  of  Con- 
gress passed  July  12;  1864,  for  rail  road  purposes),  was  read  a  first 
and  second  time  and  ordered  to  be  laid  on  the  table  and  printed. 

By  Mr.  Joy :  The  Committee  on  Compensation  of  Public  Offi- 
cers have  had  under  consideration  the  subject  of  the  increase  of 
the  salaries  of  the  Judges  of  the  District  and  Supreme  Court,  and 
have  instructed  me  to  report  to  the  House  the  accompanying  bill, 
and  recommend  that  the  same  do  pass. 

WM.  L.  JOY, 
Chairman  Com.  on  Compensation  of  Pub.  OflBcers. 

House  File  No.  103,  (from  Committee  on  Compensation  of  Pub- 
lic OflBicers),  A  bill  for  an  act  fixing  the  salaries  of  the  District  and 
Supreme  Judges,  was  read  a  first  and  second  times,  and  made  the    * 
special  order  for  10  o'clock  A.  M.,  next  Tuesday. 

By  Mr.  Bolter :  Your  Select  Committee  authorized  to  present 
testimony  relative  to  House  File  No.  63,  have  duly  examined  the 
testimony  pertaining  thereunto,  and  respectfully  ask  leave  to  pre- 
sent, for  the  consideration  of  this  House,  the  following,  to-wit : 

1.  That  part  of  the  report  of  the  Register  of  the  State  Land 
Office,  (Mr.  Harvev)  on  pages  12  to  14. 

2.  The  certified  statement  of  disinterested  parties  ac(j^uainted 
with  the  facts  in  the  case,  attached  to  the  petition. 

Your  committee  would  further  request  that  an  additional  clause 
be  added  to  Section  1,  to  read  as  follows : 

Matilda  P.  RatliflF,  the  forty  acres  on  which  she  now  resides. 

Also,  that  the  last  section  be  stricken  out ;  and  after  so  amended 
that  the  bill  do  pass. 

L.  R.  BOLTER,  Chairman  Select  Com. 

EESOLIJTIONS  LAID   OVER  TNDEB  THE  EULE. 

The  following  resolutions  previously  presented  and  laid  over  un- 
der the  rule,  were  taken  up  and  adopted : 

Re^olvedy  That  the  Register  of  the  State  Land  OflSce  is  hereby 
requested  to  inform  this  House  as  soon  as  practicable  whether  he 
has  any  information  from  the  Department  of  the  Interior  at  Wash- 


HOUSE  OP  REPRESENTATTVEa  163 

ington  in  relation  to  the  construction  pnt  npon  the  act  of  Congress 
of  June,  1SG4,  relating  to  Iowa  Land  Grant  Kailroads  and  the 
position  the  State  now  sustains  to  the  grants  of  1856. 

Resolved^  That  the  Governor  is  hereby  requested  to  inform  this 
Honee  as  soon  as  practicable  whether  he  has  certified  any  lands  to 
the  Land  Grant  Bailroads  of  this  State  since  the  meeting  of  the 
Tenth  General  Assembly,  and  if  so,  to  what  roads  and  the  amount 
respectively,  together  with  his  reasons  for  so  certifying. 

Lpon  the  Joint  Committee  to  whom  shall  be  referred  so  much 
of  the  Governor's  message  as  refers  to  claims  against  the  United 
States,  the  Speaker  appointed  Messrs.  Glasgow,  Sherman  and 
Sipple. 

Mr.  Barker  raoveei  that  the  rule  be  suspended,  and  that  House 
File  No.  30  be  immediately  transmitted  to  the  Senate. 

The  motion  prevailed  and  the  bill  was  accordingly  sent  to  the 
Senate. 

MESSAGE  FBOM  THE  SENATE. 

Mb.  Speakeb  :— I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  passed  a  concurrent  resolution  relative  to  bind- 
iDg  and  distributing  public  documents  published  by  either  branch 
of  the  General  Assembly. 

Also  a  concurrent  resolution  relative  to  changing  the  fifth  joint 
rule  of  the  two  honses,  which  resolutions  are  transmitted  herewith, 
and  in  which  the  concurrence  of  the  House  is  respectfully  asked. 

Also  that  the  Senate  has  concurred  in  the  House  resolution  ap- 
pointing a  Joint  Committee  to  visit  the  State  University  and  the 
Deaf  and  Dnmb  Asylum,  which  is  returned  herewith,  and  that 
Senator  McJunkin  has  been  appointed  a  member  of  said  Commit- 
tee on  the  part  of  the  Senate. 

Also  that  Senator  Stiles  has  been  appointed  a  member  of  the 
Joint  Committee  on  the  part  of  the  Senate  to  visit  the  State  Peni- 
tentiary. 

JAMES  M.  WEART,  Asst.  Secretary. 

INTKODUOTION  OP  BILLS. 

Mr.  Williams  of  Des  Moines,  introduced  House  File  No.  104, 
A  bill  for  an  act  authorizing  the  Sub-Division  of  Lands  in  certain 
cases  and  requiring  the  plats  thereof  to  be  recorded. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  Judiciary. 

Mr.  Goodrich  introduced  House  File  No.  105,  A  bill  for  an  act 
to  amend  Chapter  22,  of  the  laws  of  1864,  providing  for  the 
early  distribution  of  the  decisions  of  the  Supreme  Court  among 
District  Judges. 


164  JOURNAL  OP  THE 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  Judiciary. 

Mr.  Garber  introduced  House  File  No.  106.  A  bill  for  an  act  to 
pay  bounty  on  scalps  of  certain  wild  animals. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  Agriculture. 

Mr.  Maxwell  introduced  House  File  No.  107,  A  bill  for  an  act 
to  provide  for  the  distribution  of  public  documents. 

The  bill  was  read  a  first  and  second  time. 

Mr.  Rogers  moved  that  the  bill  be  referred  to  the  Committee  on 
Expenditures. 

The  motion  did  not  prevail. 

Mr.  Close  moved  that  the  bill  be  laid  upon  the  table. 

The  motion  to  lay  upon  the  table  was  lost. 

Mr.  Bennett  moved  that  the  bill  be  indefinitely  postponed. 

The  motion  to  indefinitely  postpone  was  decided  in  the  negative. 

Mr.  Williams  of  Winneshiek,  moved  that  the  bill  be  made  the 
special  order  for  Tuesday  next  at  10  A.  M. 

The  motion  was  adopted. 

Mr.  Abernethy  introduced  House  File  No.  108,  A  bill  for  an 
act  to  extend  the  elective  franchise. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  Elections. 

Mr.  Knapp  introduced  House  File  No.  109,  A  bill  for  an  act  au- 
thorizing the  county  of  Hardin  to  levy  a  tax  for  the  purpose  of 
equalizing  the  bounty  of  all  soldiers  who  have  volunteered  from 
said  county  during  the  late  war. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  Clark  introduced  House  File  No.  110,  A  bill  for  an  act  to 
amend  Section  1587,  of  the  Revision  of  1860. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  the  Suppression  of  Intemperance. 

Mr.  Leffingwell  introduced  House  File  No.  Ill,  A  bill  for  an 
act  to  amend  an  act  entitled  vacancies  and  special  elections. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  Holden  introduced  House  File  No.  112,  A  bill  for  an  act 
limiting  the  value  of  Homesteads  exempt  from  execution. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  l?rown  of  Yan  Buren,  introduced  House  File  No.  113,  A  bill 
for  an  act  to  amend  Chapter  84,  acts  of  the  Tenth  General  Assem- 
bly, entitled  an  act  to  organize  and  discipline  the  militia. 

The  bill  was  read  a  first  and  second  time  and  refierred  to  the 
Committee  on  Military  Aifairs. 

Mr.  McNutt  introduced  House  File  No.  114,  A  bill  for  an  act 


HOUSE  OP  REPRESENTATIVES.  165 

relating  to  corporations,  and  in  amendment  of  Chapter  52,  of  the 
Revision  of  1860. 

The  hill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  Incorporations. 

Mr.  Williams  of  Winneshiek,  introduced  House  File  'No.  115, 
A  bill  for  an  act  to  amend  Sections  84  and  85,  of  the  general  school 
act  passed  at  the  Ninth  General  Assembly  of  the  State  of  Iowa. 

Tne  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  Schools. 

Mr.  Gaylord  introduced  House  File  No.  116,  A  bill  for  an  act 
to  provide  for  the  erection  of  school  houses. 

The  bill  was  read  a  first  and  second  time  and  referred'  to  the 
Committee  on  Schools. 

Mr.  Palmer  introduced  House  File  No.  117,  A  bill  for  an  act  in 
relation  to  the  County  Court. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the  Com- 
mittee on  Judiciary. 

Mr.  Russell  introduced  House  File  No.  118,  A  bill  for  an  act  to 
provide  for  the  publication  of  the  laws  and  of  the  proceedings  of 
the  boards  of  supervisors  in  the  several  counties. 

The  bill  was  read  a  first  and  second  time,  and  referred  to  the 
Committee  on  Printing. 

Mr.  Palmer  introduced  House  File  No.  119,  A  bill  for  an  act  to 
amend  Chapter  102  of  the  Revision  of  1860. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  Judiciary. 

Mr.  Sherman  introduced  House  File  No.  120,  A  bill  for  an  act 
to  provide  for  the  perpetuation  of  the  United  States  Surveys,  and 
denning  the  duties  of  county  surveyors. 

The  bill  was  read  a  first  and  second  time. 

Mr.  Sherman  moved  that  the  bill  together  with  all  others  rela- 
ting to  the  same  subject  be  referred  to  a  select  Committee  of 
vhich  Mr.  Williams  of  Des  Moines,  should  be  Chairman. 

The  motion  prevailed,  and  the  Speaker  appointed  as  additional 
members  of  such  Committee,  Messrs.  Wilson  of  Dubuque,  Dwelle, 
and  Abbott. 

Mr.  Gamble  introdiiced  House  File  No.  121,  A  bill  for  an  act  to 
extend  the  elective  franchise. 

The  bill  was  read  a  first  and  second  time  and  referred  to  the 
Committee  on  the  Judiciary. 

RESOLUTIONS. 

Mr.  Rogers  introduced  the  followinff  resolutions : 

1.    Resolved  by  the  General  Assembly  of  the  State  of  loxca^  That 

'^ur  Senators  in  Cons^ress  be  instructed,  and  our  Representatives 

requested  to  oppose  by  all  lawful  means  the  admission  of  members 

from  the  States  lately  in  rebellion  to  seats  in  either  branch  of  Con- 


166  JOURNAL  OF  THE 

gres6  until  sufficient  guarantees  shall  have  been  provided  for  secu- 
ring to  the  race  lately  emancipated  in  such  States  the  substantial 
enjoyment  of  all  the  rights  of  freemen  ;  against  any  assumption  or 
payment  of  the  rebel  war  debt ;  and  until  satisfactory  evidence 
shall  be  aflfbrded  of  genuine  loyalty  to  the  United  States  on  the 
part  of  the  persons  claiming  aamission  to  such  seats,  and  that  such 
admission  will  be  consistent  with  the  safety  of  the  IJnion. 

2.  Resolved^  That  the  Secretary  of  State  be  instructed  forth- 
with to  forward  a  copy  of  these  resolutions  to  each  of  our  Senators 
and  Representatives  in  Congress. 

The  resolution  was  referred  to  the  Committee  on  Federal  Re- 
lations. 

Mr.  Bolter  introduced  the  following  preamble  and.  resolutions 
which  were  referred  to  the  Committee  on  Federal  Relations. 

Whkebas,  The  history  of  past  generations  conclusively  proves 
that  two  distinct  and  separate  races  cannot  harmoniously  exist  to- 
gether, inasmuch  as  the  experiment  has  ever  resulted  in  the  slavery 
or  extinction  of  the  one  or  the  other,  or  what  is  worse,  the  amal- 
gamation of  the  two  which  destroys  both,  and 

Whebeas,  The  odious  institution  of  human  slavery  is  prohibited 
within  the  limits  of  the  United  States,  as  we  trust  forever,  and 

Whereas,  The  question  as  to  the  future  status  of  the  black  man 
is  constantly  forcing  itself  upon  us  for  solution,  and 

Wiiebbas,  The  late  President  of  the  United  States,  and  other 
eminent  statesmen  are  known  to  have  been  favorable  to  the  coloni- 
zation of  the  negro  race,  and 

Whereas,  The  Republic  of  Liberia  is  offering  great  migratory 
inducements  to  the  freedmen  of  this  country,  therefore 

Be  it  resolved  hy  the  House  of  JSepresentatives^  the  Seriate  con- 
curring^ That  our  Senators  iu  Congress  be  instructed,  and  our 
Representatives  requested  to  use  all  honorable  means  to  secure  tlie 
passage  of  an  act  by  which  material  aid  in  transportation  and  oth- 
erwise shall  be  rendered  to  all  persons  of  African  descent  who  may 
be  willing  to  emigrate  to  Liberia,  to  the  end  that  a  wholesome  sys- 
tem of  colonization  be  inaugurated,  thereby  observing  the  plainly 
apparent  and  fixed  laws  of  nature,  and  releasing  both  races  from 
the  inevitable  penalty  which  follows  the  violation  of  the  same,  and 
promoting  the  welfare,  peace,  prosperity,  and  happiness,  not  only 
of  our  own  race,  but  of  the  unfortunate  negro  race  now  looking  to 
us  for  beneficial  legislation. 

Mr.  Wilson  of  Jackson,  introduced  the  following  resolution  : 

Be  it  resolved  hy  the  members  &f  the  House  oj  Bepresentatives 
of  the  State  of  lowa^  That  the  Committee  on  Judiciary,  be  re- 
quested to  enquire  into  the  following  subjects,  and  to  report  at  their 
earliest  convenience  by  bill  or  otherwise : 

1.  The  necessity  of  amending  Section  2  of  Chapter  16S  of  the 
Laws  passed  at  the  JN^inth  General  Assembly,  defining  the  duties 


HOUSE  OP  REPRESENTATIVES.  167 

and  fixing  the  compensation  of  county  treasarers,  so  as  to  increase 
the  penalty  therein  contained. 

2.  Whether  the  county  treasurer  of  any  county  has  the  right  to 
charge  commission  on  the  amount  of  taxes  certined  to  by  him  ac- 
cording to  law,  and  if  not^  what  legislation  is  necessary  to  have 
the  same  corrected  wherever  practiced  in  this  State. 

3.  Whether  any  law  is  necessary  to  define  further,  the  duty  of 
assessors  in  valuing  non-resident  lands. 

The  resolution  was  lost. 

Mr.  Sapp  introduced  the  following  resolution,  and  moved  that  it 
lie  npon  the  table.     Carried. 

Resolved  J  That  the  Committee  on  Constitutioanl  Amendments 
be  instructed  to  report  to  this  House  at  an  early  day  an  amend- 
ment to  the  Constitution  of  this  State  disfranchising  all  such  per- 
sons as  have  borne  arms  against  the  Government  of  the  United 
States,  or  who  have  engaged  in  the  military  service  in  the  interest 
of  what  is  known  as  the  Southern  Kebellion,  waged  from  the  year 
1861  to  1865. 

Mr.  Clark  introduced  the  following  resolution,  which  was 
adopted : 

Resolved^  That  the  House  take  up  so  much  of  the  report  of  the 
Register  of  the  State  Land  Office,  as  refers  to  claims  filed  with 
and  allowed  by  the  Board  of  Commissioners,  appointed  for  the  pur- 
pose of  ascertaining  the  liabilities  ot  the  Des  Moines  River  Im- 
provement, and  other  purposes,  and  that  the  same  be  referred  to 
the  Committee  on  Improvement  of  the  Des  Moines  River. 

Mr.  Boomer  introduced  the  following  resolution  which  was 
adopted : 

liesolvedy  by  the  House  of  Representatives^  the  Senate  concur- 
nng^  That  there  be  a  Committee  of  two  members  appointed  upon 
the  part  of  the  House,  and  one  member  on  the  part  of  the  Senate 
to  visit  the  Insane  Asylum  at  Mt.  Pleasant,  Iowa,  and  examine 

into  its  condition  and  wants,  and  report  by day  of  February 

next. 

Mr.  Tisdale  introduced  the  following  resolution  : 
Resolved^  That  the  Committee  on  the  Suppression  of  Intemper- 
ance, be  instructed  to  inquire  into  the  expediency  of  so  amending 
the  Liquor  Law,  as  to  punish  the  sale  of  all  alcoholic  liquors,  in- 
clndiog  beer,  wine  and  cider,  as  the  sale  of  certain  spirituous 
liqnore  is  now  punished,  and  to  report  by  bill  or  otherwise. 

On  motion  of  Mr.  Russell,  the  Resolution  was  laid  upon  the 
table. 

Mr.  Poindexter  introduced  the  following  resolution  which  was 
adopted : 

Rtsohed^  That  the  Committee  on  Schools  be  requested  to  in- 
qnire  into  the  expediency  of  atnoiiding  the  School  Laws  so  as  to 
admit  persons  to  the  public  schools  over  21  years  of  age,  wlio  have 


168  JOURNAL  OP  THE 

been  in  tlie  Military  Service  of  the  TJ.  S.,  or  this  State,  and  to  re- 
port by  bill  or  otherwise. 

Mr.  Alcorn  oflFered  the  following  Resolntion  which  was  referred 
to  the  Committee  on  the  Des  Moines  Improvement. 

liesolved^  That  the  Committee  on  the  Des  Moines  Eiver  Im- 
provement be,  and  they  are  hereby  instructed  to  inquire  into  the 
expediency  of  reporting  a  bill  to  this  House,  permitting  George 
C.  Goss  and  Thos.  G.  Pierce  of  the  County  of  "Webster,  Rosco 
Royster,  E.  H.  West  and  Wesly  McKinney  of  the  County  ot 
Hamilton,  or  their  heirs  or  legal  representatives  to  re-purchase  from 
the  State  the  lands-  the  title  to  which  they  surrendered  under  the 
act,  approved  April  2,  1860,  entitled  "an  act  making  provisions 
for  the  settlement  of  all  liabilities  of  the  State,  growing  out  of  the 
sale  of  certain  lands  of  the  Des  Moines  River  Improvement  Grant, 
as  school  lands,  the  price  to  be  that  of  the  original  contract,  with 
interest  at  ten  per  cent  to  the  date  of  re-purchase. 

Mr.  Knox  offered  the  following,  which  was  adopted : 

Resolved^  That  the  Committee  on  scho'jls  be  instructed  to  in- 
quire into  the  expediency  of  so  amending  the  school  law  as  to 
make  it  the  duty  of  the  Secretary  of  School  Districts  to  collect 
such  statistics  from  sub-districts,  as  are  now  required  from  the  sub- 
director,  and  also  provide  that  teachers  shall  make  a  report  to  the 
Secretary,  of  the  number  of  scholars  enrolled,  male  and  female, 
average  number  in  daily  attendance,  branches  taught,  and  cost  ot 
tuition  per  week,  and  provide  for  compensation  of  the  Secretary, 
and  to  report  to  the  House  by  bill  or  otherwise. 

Mr.  McNutt  introduced  the  following  resolution,  which  was 
adopted : 

Resolved^  the  Senate  concurring^  that  the  Secretary  of  State  be 
authorized  to  have  printed  on  parchment,  two  hundred  copies  of 
the  "  Joint  Resolution  "  ratifying  the  amendment  to  the  United 
States  Constitution,  abolishing  slavery,  to  which  shall  be  attached 
the  names  of  the  members  of  this  General  Assembly,  showing  the 
vote  of  each  member ;  and  to  furnish  to  each  member  and  officer 
of  the  same,  a  copy  of  said  resolution,  and  also  one  to  each  State 
oflScer ;  and  to  have  two  framed,  and  put  up,  one  in  the  State  Li- 
brary and  one  in  the  Library  of  the  State  Historical  Society. 

Mr.  Goodrich  introduced  the  following  resolution,  which  was 
adopted : 

Be  it  resolved  hy  the  Oeneral  Asaernbly  of  the  State  of  Towa^ 
That  our  Senators  in  Congress  be  instructed,  and  our  Representa- 
tives requested,  to  use  their  influence  to  procure  the  passage  of  a 
law  declaring  the  River  known  as  the  Turkey  River,  in  the  State 
of  Iowa,  to  be,  not  a  navigable  stream^  from  a  point  near  Eldorado, 
in  Fayette  County,  up  to  which  the  said  River  is  now  navif^ableas 
per  United  States  Survey,  down  to  the  point  of  its  confluence  with 
the  waters  of  the  Yolga  River,  and  that  the  Secretary  of  State  be 


HOUSE  OF  REPRESENTATIVES.  169 

directed  to  forward  to  each  of  our  Senators  and  Representatives 
at  "Washington  a  certified  copy  of  this  Resolution. 

Mr.  Graves  introduced  the  following  Resolution,  which  was 
adopted : 

Be  it  resolved  hy  the  General  Aasemhly  of  the  State  of  lowa^ 
That  our  Senators  in  Congress  be  and  are  hereby  instructed,  and 
our  Representatives  requested  to  use  their  influence  to  secure  at 
their  earliest  possible  time  the  establishment  of  semi-weekly  mail 
and  mail  facilities  from  Fort  Dodge  via  Dakota,  Waucosta,  Fern 
Yalley  and  Emmettsburgh,  on  the  east  side  of  the  Des  Moines 
river  to  Estherville,  in  the  County  of  Eramett. 

Ajid  ie  it  further  resolved^  That  a  copy  of  this  resolution  be  for- 
warded by  tue  Secretary  of  State  to  each  of  our  Senators  and  Rep- 
resentatives in  Congress,  and  to  the  Postmaster  General  of  the 
Cnited  States. 

Mr.  Safelv  introduced  the  following  resolution  : 

Resolvedly  the  House  of  Representatives  of  the  State  of  lowa^ 
That  the  Committee  of  State  Liniversity  be  and  hereby  is  instruct- 
ed to  inquire  into  the  expediency  of  making  an  appropriation  for 
tlie  purpose  of  constructing  a  heating  apparatus  iu  the  State  Uni- 
versity building  similar  to  mat  now  used  m  the  State  Capitol,  and 
that  said  Committee  report  to  this  House  their  opinion  in  regard 
to  each  an  appropriation. 

The  resolution  was  referred  to  the  Committee  appointed  to  visit 
the  State  Uiiiversity. 

Mr.  Williams,  of  Des  Moines,  introduced  the  following  resolu- 
tion, which  was  adopted : 

Be  it  resolved  by  the  General  Asserrihly  of  the  State  of  lowa^ 
That  our  members  in  Congress  be  required  to  use  their  influence 
to  procure  a  tri-weekly  mail  from  city  of  Burlington  via  Toolsbor- 
ODffh  to  Port  Louisa,  in  Louisa  county. 

Mr.  Dwelle  introduced  the  following  resolution,  which  was 
adopted : 

Beit  resolved  hy  the  General  Assembly  of  the  State  of  lowa^ 
That  our  Senators  be  and  are  hereby  instructed,  and  our  Repre- 
sentatives in  Congress  requested  to  use  their  influence  to  secure  at 
their  earliest  possible  time  the  establishment  of  the  following  mail 
routes,  to-wit:  A  tri-weekly  mail  from  Newberg,  in  Mitchell 
county,  Iowa,  to  Northwood,  county-seat  of  "Worth  county,  and  via 
Ilartland  to  Bristol,  Worth  county,  Iowa. 

Also  a  weekly  mail  from  North  wood,  county-seat  of  Worth,  on 
the  most  practicable  route  to  Mason  City,  Cerro  Gordo  county. 

Also  a  semi-weekly  mail  from  Northwood,  Worth  county,  via 
Gordonville  P.  0.,  Shellrock  City  P.  O.,  to  Albert  Lee,  Minnesota. 

And  he  it  further  resolved^  That  a  copy  of  this  resolution  be  for- 
warded by  the  Secretary  of  State  to  each  of  our  Senators  and  Rep- 
resentatives in  Congress. 

iSiB 


170  JOURNAL  OF  TUB 

MESSAGES  FROM  THE  SENATE. 

Senate  File  No.  36,  A  bill  for  an  act  to  legalize  the  articles  of 
incorporation  of  the  Norwegian  Lutheran  College  of  Decorah, 
Iowa,  was  read  a  first  and  second  time,  and  on  motion  of  Mr.  Max- 
well, referred  to  a  select  committee  of  three,  of  which  Mr.  Barker 
was  n&med  as  Chairman. 

The  Speaker  appointed  Messrs.  Brown  and  "Williams  of  Winne- 
shiek, as  the  other  members  of  such  committee. 

Senate  File  No.  20,  A  bill  for  an  act  amending  Section  4324:  of 
the  Revision  of  1860  in  relation  to  willful  trespass,  was  read  a  first 
and  second  time,  and  referred  to  the  Committee  on  the  Judiciary. 

The  following  resolution  was  read  and  referred  to  the  Commit- 
tee on  Kules  : 

Resolved  hy  the  Senate^  the  House  of  Representatives  concur- 
ring^  That  Joint  Eule  No.  5  be  stricken  out  and  that  the  follow- 
ing  be  substituted  therefor : 

When  bills  are  enrolled  they  shall  be  examined  by  a  Committee 
of  two  from  the  Senate,  if  they  originated  in  the  Senate,  and  by 
a  Committee  of  two  from  the  House  of  Representatives,  if  they 
originated  in  the  House  of  Representatives.  These  standing  Com- 
mittees shall  carefully  compare  the  enrollment  with  the  engrossed 
bills,  as  passed  in  the  Houses,  xjorrect  any  error  therein  and  make 
report  forthwith  to  their  respective  Houses. 

Mr.  Rogers  moved  that  the  following  Resolution  be  amended  by 
striking  out  the  words  "  the  House  concurring." 

Resolved  hy  the  General  Assembly  of  the  State  of  lowa,^  the 
House  co7icurring^  That  all  public  documents,  (including  printed 
reports  of  Committees)  published  by  either  branch  of  the  General 
Assembly,  be  placed  in  the  hands  of  the  Secretary  of  State  by 
the  State  Printer  or  Binder,  and  that  he  retain  in  his  own  hands 
three  hundred  copies  of  each  published  in  the  English  language  and 
shall  furnish  to  each  member  of  the  11th  General  Assembly  one 
bound  copy  of  the  same,  including  also  the  reports  and  documents 
mentioned  in  Chapter  114  of  the  acts  of  tlie  10th  General  Assem; 
bly  and  that  the  Secretary  of  State  dispose  of  the  balance  of  said 
bound  volumes  as  provided  for  in  srid  Chapter  114. 

The  Resohition  as  amended  was  adopted. 

Mr.  Bennett  moved  that  this  House  do  now  adjourn  until  Mon- 
day next  at  10  o'clock  A.  M.     Lost. 

Mr.  Rogers  moved  that  the  House  do  now  adjourn  until  Mon- 
day next  at  9  o'clock  A.  M. 

The  motion  prevailed  and  the  House  adjourned. 


HOUSE  OP  REPRBSBNTATIVEa  171 


Elxll  of  House  of  Kepbesektattyes,  [ 
Dbs  Mollis,  Jan.  29,  1866.      ) 

HoQse  met  pnrenant  to  adjonrnment. 

Speaker  in  the  chair. 

Prayer  bj  Rev.  Dr.  Peet 

Jonrnal  of  yesterday  read*  and  approved. 

Mr.  McNutt  moved  that  the  vote  by  which  the  House  on  Satur- 
day adopted  a  resolution  providing  for  the  printing  upon  parch- 
ment of  the  Joint  Resohition  ratifying  the  Constitutional  amend- 
ment abolishing  slavery,  be  reconsidered. 

The  motion  to  reconsider  prevailed. 

Mr.  McNatt  moved  that  the  resolution  be  amended  by  adding 
the  following,  to-wit : 

Provided,  That  the  entire  cost  shall  not  exceed  one  dollar  per 
copy. 

xhe  amendment  was  adopted. 

The  resolution  as  amended  was  adopted. 

BILLS   ON   SECOND   BEADING. 

House  File  No.  99,  A  bill  for  an  act  for  the  relief  of  George 
Hijrley  of  Dubuque,  Iowa,  was  taken  up. 

Mr.  Flanders  moved  that  "  $400  "  be  stricken  out,  and  "  $800  " 
be  inserted  in  lieu  thereof. 

Mr.  Poindexter  moved  that  the  bill  be  recommitted  with  instruc- 
tions to  report  a  bill  providing  a  pension  for  the  said .  George 
Higley. 

The  motion  to  recommit  did  not  prevail. 

Mr.  nand  moved  to  amend  by  inserting  "  $1,000  "  instead  of 
^^$800."     Lost. 

The  motion  to  strike  out  "  $400"  and  insert  "  $800  "  was  adopted. 

The  bill  was  ordered  to  be  engrossed  and  read  a  third  time. 

Honse  File  No.  100,  A  bill  for  an  act  providing  for  the  distribu- 
tion of  the  Adjutant  General's  reports  of  1864-5,  was  taken  up, 
considered  and  ordered  to  be  engrossed  and  read  a  third  time. 

House  File  No.  91,  A  bill  for  an  act  to  repeal  Section  824  of  the 
Revision  of  1860,  was  taken  up. 

Mr.  Surnett  moved  that  the  bill  be  indefinitely  postponed. 
Carried. 

Honse  File  No.  101,  A  bill  for  an  act  to  amend  Section  307  of 
Chapter  22  of  the  Revision  of  1860,  was  taken  up. 

Mr.  Close  moved  that  the  bill  be  recommitted.     Carried. 

House  Substitute  for  House  Files  No.  85  and  41,  was  taken  up. 
The  Substitute  was  adopted  aud  ordered  to  be  engrossed  and  read 
a  third  time. 

House  File  No.  63,  A  bill  for  an  act  to  secure  to  certain  persons 


172  JOURNAL  OP  THE 

residents  of  Harrison  County,  their  homes  at  the  price  of  $1.25  per 
acre  of  lands  known  as  the  excess  500.000  grant,  was  taken  up, 
and  ordered  to  be  engrossed  and  read  a  third  time. 

The  Committee  on  Engrossed  Bills  reported  that  they  had  exam- 
ined House  Files  No.  6,  defining,  the  dnties  of  the  Register  of  the 
Land  Office;  No.  7  defining  the  time  of  holding  courts  in  the  Third 
Judicial  District ;  No.  15,  to  amend  Section  4993  of  the  Revision 
of  1860;  No.  18,  fixing  the  time  for  holding  courts  in  the  8th  Ju- 
dicial District ;  No.  54,  providing  for  a  change  of  venue  ;  No.  56, 
an  act  in  relation  to  the  competency  of  witnesses ;  No.  57,  an  act 
to  authorize  Boards  of  Supervisors  to  compromise  certain  judg- 
ments ;  No.  59,  an  act  to  prevent  nasal  gleet,  glanders  or  button 
farcey;  No.  69,  an  act  making  provisions  for  the  settlement  ot 
certain  land  bills  in  Appanoose  County ;  No.  75,  an  act  to  amend 
Section  3362  of  1860 ;  No.  80,  an  act  to  repeal  Chapter  41  of  the 
5th  General  Assembly  and  found  them  correctly  enrolled. 

BILLS  ON  THUID  BEADING. 

House  File  No.  7,  A  bill  for  an  act  to  amend  an  act  to  define 
the  time  of  holding  Courts  in  the  Third  Judicial  District,  in  the 
State  of  Iowa,  was  read  a  third  time. 

Upon  the  question  "  Shall  the  bill  pass  ? "  the  yeas  and  nays 
were  as  follows ; 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes, 
Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of  Louisa, 
Brown  of  Winneshiek,  Brown  of  Madison,  Buck,  Bnrnett,  Car- 
bee,  Clfirk,  Close,  Comfort,  Conway,  Crawford,  Darwin,  Dashiel, 
DeForest,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders, 
Frv,  Gamble,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Good- 
rich, Graves,  GriflSth,  Hand,  Holmes,  Holden,  Joy,  Knapp, 
Knox,  Landes,  Leffingwell,  Lrnderman,  Lowdon,  Maxwell,  ilc- 
Ntttt,  McCulloch,  McLaughlin, -McKean,  Mills,  Morgan,  O'Brien, 
Olmstead,  Falmer,  Poindexter,  Rogers,  Rohlfs,  Kyan,  Safely, 
Serrin,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn, 
Van  Leuven,  Walden,  West,  Wilcox,  Williams  of  Des  Moines, 
Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek, 
Mr.  Speaker— 82. 

Absent  or  not  voting,  Messrs.  Ballinger,  Barker,  Brown  of  De- 
catur, Brown  of  Van  Buren,  Godfrey,  Hale,  Hiiggins,  Martin,  Mc- 
Pherson,  Hunyan,  Russell,  Sapp,  Sherman,  Stockman,  Wright, 
Wilson  of  Dubuque— 16. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  File  No.  57,  A  bill  to  authorize  the  board  of  supervisors 
to  compromise  certain  judgments  in  favor  of  the  State,  was  read  a 
third  time. 

Mr.  Tracy  moved  that  the  bill  be  recommitted  with  instructions 


HOUSE  OF  KEJPRESBNTATIVES.  '  173 

prohibiting  board  of  Bupervisors  from  compromisiDg  judgments  in 
criminal  cases.     Carried. 

House  substitute  for  House  File  No.  15,  A  bill  for  an  act  to 
amend  Section  4993  of  the  Eevision  of  1860,  was  read  a  third  time. 

And  upon  the  question  "  Shall  thfe  bill  pass  "  the  yeas  and  nays 
were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Belt,  Bere- 
u.an,  Bennett,  Boomer,  Bolter,  Brown  of  Decatur,  Brown  of  Lou- 
isa, Brown  of  Madison,  Brown  of  Van  Bnren,  Brown  of  Winne- 
shiek, Buck,  Burnett,  Carbee,  Clark,  Close,  Conway,  Crawford, 
Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Fellows, 
Finkbine,  Flanders,  Fry,  Gamble,  Gary,  Garrett,  Garber,  Glasgow, 
Goodrich,  Graves,  Hand,  Holmes,  ELolden,  Joy,  Knapp,  Knox, 
Landes,  Leffingwell,  Linderman,  Maxwell,  McCuUough,  McKean, 
Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindexter,  Rogers, 
Eohlfs,  Eussell,  Eyan,  Sapp,  Safely,  Serrin,  Sipple,  Thacher, 
Travis,  Tisdale,  Thomson,  Tnorn,  Van  Leuven,  Walden,  West, 
Wilcox,  Wright,  Wilson  of  Dubuque,  Williams  of  Des  Moines, 
Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek, 
Mr-  Speaker — 79. 

The  nays  were  Messrs.  Barnes,  Bahl,  Comfort,  Lowdon — 4r. 

Absent  or  not  voting,  Messrs.  Ballinger,  Barker,  Gaylord,  God- 
frey, Griffith,  Hale,  Huggins,  Martin,  McPherson,  McNutt,  Mc- 
Laughlin, Runyan,  Sherman,  Stockman,  and  Tracy — 15. 

J^.  Godfrey  moved  that  there  be  added  to  the  title  of  the  bill, 
the  words  following,  to-wit :  "  in  relation  to  bail  bonds." 

The  motion  prevailed,  and  the  title  as  amended,  was  agreed  to. 

House  File  No.  54,  A  bill  for  an  act  providing  for  a  change  of 
venue  in  preliminary  examinations  before  a  Justice  of  the  Peace, 
was  read  the  third  time. 

Mr.  Tracy  moved  that  the  bill  be  recommitted.     Carried^ 

Honse  File  No.  56,  A  bill  for  an  act  to  amend  the  law  in  rela- 
tion to  the  competency  of  witnesses,  was  read  a  third  time. 

3Ir.  Darwin  moved  that  the  bill  be  indefinitely  postponed. 

Upon  this  (juestion  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Barnes,  Bahl, 
Boomer,  Brown  of  Madison,  Brown  of  Van  Buren,  Burnett,  Close, 
Comfort,  Conway,  Darwin,  DeForest,  Emery,  Flanders,  Fry, 
Gaylord,  Gary,  Garrett,  Glasgow,  Goodrich,  Graves,  Hand, 
Holmes,  Landee,  Leffingwell,  Linderman,  McNutt,  McCullough, 
McLaughlin,  McKean,  Mills,  Morgan,  Palmer,  Russell,  Safely, 
Serrin,  Tracy,  Thacher,  Travis,  Tisdale,  Thorn,  Waldeu,  West, 
Wilcox,  Williams  of  Des  Moines,  Mr,  Speaker — 47. 

The  nays  wore  Messrs.  Alcorn,  Barker,  Belt,  Bereman,  Bennett, 
Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Buck,  Carbee,  Clark, 
Crawford,  Dashiel,  Dudley,  Dwelle,  Fellows,  Finkbine,- Gamble, 
Garber,  Godfrey,  Holden,  Joy,  Knapp,  Knox,  Lowdon,  Maxwell, 


174  •  -       JOURNAL  OP  THE 

O'Brien,  Olmstead,  Poindexter,  Eogers,  Roblfs,  Kjan,  Sapp, 
Sherman,  Sipple,  Thomson,  Van  Leuven,  Wright,  Wilson  of  Du- 
buque, Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of  Win- 
neshiek— 4:2, 

Absent  and  not  voting,  Messrs.  Ballinger,  Brown  of  Winne- 
shiek, Griffith,  Hale,  Huggins,  Martin,  McPherson,  Ennyan,  and 
Stockman — 9. 

So  the  bill  was  indefinitely  postponed. 

House  File  No.  75,  A  bill  for  an  act  to  amend  Section  3362,  of  the 
Bevision  of  1860,  in  relation  to  administering  oaths  to  appraisers, 
was  read  a  third  time  and  unon  the  question  ^^  shall  the  bill  pass  ? " 
the  yeas  and  nays  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes,  Barker, 
Bahl,'  Belt,  Bennett,  Boomer,  Bolter,  Brown  of  Decatur,  Brown  of 
Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of  Winne- 
shiek, Buck,  Clark,  Close,  Comfort,  Conway,  Crawford,  Darwin, 
Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine, 
Gamble,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Good- 
rich, Graves,  Hand,  Elolmes,  Holden,  Joy,  Knapp,  Knox,  Landes, 
Leffingwell,  Linderman,  Lowden,  Maxwell,  McNutt,  McCuUongh, 
McLaughlin,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Rohlfs, 
Russell,  Ryan,  Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher, 
Travis,  Tisdale,  Thomson,  Thorn,  Yan  Leuven,  Walden,  Wilcox, 
Wright,  Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of 
Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek,  and  Mr. 
Speaker — 80. 

The  nays  were  Messrs.  Bereman,  Carbee,  Flanders,  McKean, 
Rogers,  West — 6. 

Absent  or  not  voting,  Messrs.  Ballinger,  Burnett,  Fry,  Griffith, 
Hale,  Huggins,  Martin,  McPherson,  i*oindexter,  Runyan,  Sapp, 
and  Stockman — 12. 

So  the  bill  passed,  and  the  title  was  agreed  to. 

House  File  No.  80,  "  A  bill  for  an  act  to  repeal  Chapter  41,  of 
the  acts  of  the  Fifth  General  Assembly,  entitled  an  act  to  encour- 
age Agriculture  and  Mechanic  Arts  in  Johnson  County,  approved 
July  20,  1855,  was  read  a  third  time,  and  upon  the  question, 
"shall  the  bill  pass?" 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes, 
Barker,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of  Win- 
neshiek, Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Dashiel,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine, 
Flanders,  Fry,  Gamble,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow, 
Godfrey,  Goodrich,  Graves,  Griffith,  Hand,  Holmes,  Holden,  Joy, 
Knapn,  Knox,  Landes,  Leffingwell,  Linderman,  Lowdon,  Maxwefl, 
McCuliough,  McLaughlin,  McKean,  Mills,  Morgan,  Olmstead, 
Palmer,  Kohlfs,  Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Van 


HOUSE  OF  REPRETSENATIVES.  175 

Leuven,  "Walden,We8t,  Wilcox,  "Wilson  of  Dubuque,  Williams  of 
Dee  Moines,  Wilson  of  Jackson,  Wilson  of  Marsnall,  Williams  of 
Winneshiek,  and  Mr.  Speaker — 84. 

Absent  and  not  voting,  Messrs.  Ballinger,  Brown  of  Decatur, 
Darwin,  DeForest,  Hale,  Huggins,  Martin,  McPherson,  McNutt, 
O'Brien,    Poindexter,  Eunyan,  Stockman  and  Wright — 14. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  File  No.  6,  A  bill  for  an  act  defining  the  duties  of  the 
Registex  of  the  State  Land  Office,  was  read  a  third  time,  and  upon 
the  question  shall  the  bill  pass  the  yeas  and  nays  were  as  follows  : 

The  yeas  were  Messrs.  Abernethy,  Al)bott,  Alcorn,  Barnes,  Bar- 
ker, Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Louisa*  Brown  of  Madison,  Brown  of  Yan  Buren,  Brown  of  Win- 
eshiek,  Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Finkbine, 
Flanders,  Fry,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey, 
Goodrich,  Hand,  Holmes,  Holden,  Joy,  Knapp,  Knox,  Landes, 
Linderman,  Lowdon,  MaxwelK  McCullough  ,McLaughlin,  McKean, 
MiDs,  Morgan,  Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs, 
Russell, *Ryan,  Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher, 
Travis,  Tisdale,  Thomson,  Thorn,  Van  Leuven,  Walden,  West, 
Wilcox,  Wilson  oi  Dubuque,,  Williams  of  Des  Moines,  Wilson 
of  Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr. 
Speaker — 80. 

The  nays  were  Mr.  Emery — 1. 

Absent  and  not  voting,  Messrs.  Ballinger,  Brown  of  Decatur, 
Fellows,  Gamble,  Graves,  Griffith,  Hale,  Huggins,  Leffingwell, 
Martin,  McPherson,  McNutt,  O'Brien,  Eunyan,  Sapp,  Stockman 
and  Wright— 17. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  File  No.  18,  A  bill  for  an  act  fixing  the  time  of  holding 
Courts  in  the  Eighth  Judicial  District  was  read  a  third  time,  and 
upon  the  question  "  Shall  the  bill  pass  "  the  yeas  and  nays  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes,  Bar- 
ker, Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of  De- 
catar.  Brown  of  Yan  Buren,  Brown  of  Winneshiek,  Buck,.  Bur- 
nett, Carbee,  Clark,  Close,  Comfort,  Conway,  Crawford,  Darwin, 
Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Finkbine,  Flanders, 
Fry,  Gamble,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey, 
Goodrich,  Graves,  Griffith,  Hand,  Holmes,  Holden,  Joy,  Knapp, 
Knox,  Landes,  Linderman,  Lowdon,  McCullough,  McLaughlin, 
McKean,  Mills,  Morgan,  Olmstead,  Palmer,  Poindexter,  Rogers, 
Rohlfs,  Russell,  Ryan.  Sapp,  Safely,  Serrin,  Sherman,  Sipple, 
Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Van  Leuven, 
Walden,  West,  Wilcox,  Wilson  of  Dubuque,  Williams  of  Des 
Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Winneshiek,  Mr.  Speaker — 83. 


176  JOURNAL  OF  THE 

Absent  and  not  voting,  Messrs.  Ballinger,  Brown  of  Louisa, 
Brown  of  Madison,  Fellows,  Hale,  Huggins,  LeflSngwell,  Martin, 
Maxwell,  McPherson,  McNiitt,  O'Brien,  Rnnyj^n,  Stockman  and 
Wright— 15. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Flanders  moved  that  when  the  House  adjourn  it  be  until  to- 
morrow morning  at  9  A.  M.     Carried. 

House  File  No,  69,  A  bill  for  an  act  making  provisions  for  the 
settlement  of  all  liabilites  of  the  State  and  University  growing  ont 
of  the  sale  of  certain  lands  in  Appanoose  County,  sold  as  saline 
lands,  was  read  a  third  time,  and  upon  the  question,  "shall  the  bill 
pass  ? " 

The  yeas  were  Messrs.  Abernethy.  Abbott,  Alcorn,  Barnes, 
Barker,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of 
Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of  Win- 
neshiek, Buck,  Burnett,  Carbee,  Clark,  Close,  Conway,  Darwin, 
Dashiel.  DeForest,  Dudley,  Dwelle,  Finkbine,  Fry,  Gamble,  Gay- 
lord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Goodrich,  Graves, 
Hand,  Holmes,  Holden,  Joy,  Knapp,  Knox,  Landes,  Leffingwell, 
Linderman,  Lowdon,  Maxwell,  McNutt,  McLaughlin,  McKean, 
Mills,  Morgan,  O'Brien,  Olmstead,  Poindexter,  Kohlfs,  Russell, 
Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher, 
Travis,  Tisdale,  Van  Leuven,  Walden,  West,  Wilcox,  Wright, 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 78. 

The  nays  were  Messrs.  Comfort,  Crawford,  Emery,  Flanders, 
Palmer,  Rogers,  Thomson,  Thorn — 8. 

Absent  or  not  voting,  Messrs.  Ballinger,  Brown  of  Decatur, 
Fellows,  GriflSth,  Hale,  Hnggins,  Martin,  McPherson,  McCuUough, 
Runyan,  Stockman,  Wright,  Wilson  of  Dubuque — 12. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  substitute  for  House  File  Ko.  59,  A  bill  for  an  act  to  pre- 
vent the  importation,  running  at  large,  and  sale  of  horses,  mules, 
or  asses  diseased  with  nasal  gleet,  glanders,  or  button  farcy,  was 
read  a  third  time. 

And  upon  the  question  "  Shall  the  bill  pass?  "  the  yeas  and  nays 
were  as  follows : 

The  yeas  were  Me-srs.  Abbott,  Alcorn,  Bahl,  Belt,  Beremen, 
Bennett,  Boomer,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa, 
Brown  of  Madison,  Brown  of  Winneshiek,  Buck,  Burnett,  Carbee, 
Clark,  Close,  Comfort,  Conway,  Crawford,  Darwin,  Dashiel,  De- 
Forest,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders, 
Gamble,  Gaylord,  Garrett,  Garber,  Glasgow,  Godfrey,  Grave?, 
Hand,  Holmes,  Holden,  Joy,  Knapp,  Knox,  Landes,  Leffingwell, 
Linderman,  Lowdon,  Maxwell,  McNutt,  McCuUough,  McLaughlin, 
McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindexter, 
Rogers,  Rohlfs,  Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Thacher,  Travis,  Tisdale,   Thomson,  Thorn,  Van 


HOUSE  OP  REPRB8ENTAT1VES.  177 

LeuveD,  Walden,  West,  Wilcox,  Wriffht,  Wilaon  of  Dnbnqne, 
W^illiams  of  Des  Moioes,  Wilson  of  JacKSon,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 88. 

The  nays  were  Messrs.  Abernetby,  Barnes,  Brown  of  Van  Bn- 
ren.  Fry,  Gary,  Goodrich — 6. 

Absent  or  not  voting,  Messrs.  Ballinger,  Barker,  Griffith,  Hale, 
Hoggins,  Martin,  McPherson,  Snnyan  and  Stockman — 9 

^  the  bill  passed  and  the  title  was  agreed  to. 

The  following  message  was  received  from  the  Senate: 

Mb.  Speajkeb  : — ^I  am  directed  to  inform  yonr  Honorable  Body 
that  the  Senate  has  passed  the  following  Bill  in  which  the  concnr- 
resce  of  the  House  is  asked : 

Senate  File  No.  12,  A  bill  for  an  act  to  amend  Section  1133,  of 
the  Revision  of  1860,  in  relation  to  incorporation  of  towns  and 
cities,  and  to  legalize  the  publication  of  the  by-laws  and  ordi- 
nances, of  certain  towns  and  cities  heretofore  passed  and  not  pnb- 
lished  according  to  law. 

Also  a  Joint  Kesolntion  transmitted  herewith  relative  to  addi- 
tioDal  mail  facilities  in  Clayton  Oonnty  in  which  the  concarrence 
of  the  HoQse  is  respectfully  asked : 

J.  W.  DIXON,  Secretary. 

Mr.  McLaughlin  moved  that  the  House  do  now  adjourn. 

The  motion  prevailed  and  the  House  adjonmed  until  9  o^clock 
to-morrow. 


Pall  of  the  House  op  Repbesbntatives,  ) 
Db8  Moines,  January  30, 1866.       ) 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  JJev.  Mr.  Wetmore. 

Journal  of  yesterday  read  and  approved. 

FETrnoirs  and  behonstranoes. 

Mr.  Thorn  presented  two  petitions  from  W.  B.  Armstrong,  and 
others,  praying  for  the  passage  of  an  act  compelling  railroads  to 
come  under  the  law  as  common  carriers,  which  were  read  and  re* 
ferred  to  the  Committee  on  Commerce. 

Mr.  Holden  presented  a  memorial  from  the  Board  of  Supervi- 
60T8  of  Washington  county,  praying  for  the  passage  of  an  act  reg- 
,  QJating  the  tariff  .of  charges  lor  freight  and  passage  on  railroads. 

Keterred  to  the  Committee  on  Commerce. 

Mr.  Tracy  presented  a  petition  from  John  Palmer,  and  others, 
asking  for  an  increase  in  the  fbes  of  County  Recorders. 
23    . 


178  JOURNAL  or  THE 

Beferred  to  Committee  on  Gompeneation  of  Pablic  Officers. 

Mr.  West  presented  a  petition  from  W.  M.  Gordon  and  others, 
praying  for  the  passage  of  an  act  requiring  State  and  Conntj 
officers  to  subscribe  to  an  oath  that  they  will  not  use  intoxicating 
liijuors  as  a  beverage  during  their  terms  of  office. 

jEleferred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Gaylord  presented  a  memorial  from  the  Board  ot  Supervi- 
sors of  Cerro  Gordo  county,  praying  for  the  passage  of  an  act  ex- 
tending the  jurisdiction  of  County  judges. 

Ileferred  to  Committee  on  Judiciary. 

Mr.  Landes  presented  a  petition  from  Thomas  Hecords  and 
others,  citizens  of  Clarke  county,  asking  for  the  passage  of  a  Pen- 
sion Law. 

Beferred  to  Committee  on  Military  Affairs. 

Mr.  Bolter  presented  a  petition  from  Oteo.  B.  Brainard  and  other 
citizens  of  Harrison  county,  asking  for  an  increase  in  the  per  diem 
of  County  Surveyors. 

Beferred  to  special  committee  on  that  Subject. 

Mr.  Wilson,  of  Jackson,  presented  a  memorial  from  the  Board 
of  Supervisors  of  Jackson  county,  asking  that  three  terms  of  the 
District  Court  may  be  held  each  year  in  J  ackson  county ;  also  ask- 
ing for  the  passage  of  an  act  authorizing  the  payment  of  a  bounty 
of  $5.00  on  the  scalps  of  wolves. 

The  lirst  petition  was  referred  to  a  select  committee,  consistiDg 
of  the  delegation  from  the  Eighth  Judicial  District.  The  second 
petition  was  referred  to  the  Committee  on  Agriculture. 

Mr.  Bogers  presented  a  petition  from  Add.  H.  Sanders  and  other 
citizens  of  Scott  county  asking  for  an  increase  in  the  fees  of  Co. 
Surveyors. 

Beferred  to  Committee  on  Compensation  of  Public  Officers. 

Mr.  Crawford  presented  a  petition  from  John  Sunderland  and 
others  asking  for  the  passage  of  an  act  compelling  State  and  county 
officers  to  subscribe  to  an  oath  that  they  will  not  use  intoxicating 
liquors  as  a  beverage  during  their  terms  of  office, 

Keferred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Crawford  presented  a  similar  petition  from  Kate  Smith  and 
others,  which  was  referred  to  the  same  Committee. 

Mr.  Crawford  presented  a  petition  from  Alexander  Bamsey  and 
others  asking  for  the  passage  of  an  act  compelling  the  6.  &  M.  B. 
Bi  Co.  to  complete  the  building  of  its  road  or  reiinguish  its  daim 
to  the  Bailroad  Lands. 

Beferred  to  Committee  on  Bailroads. 

Mr.  Barker  presented  four,  petitions  from  John  King  and  other 
citizens  of  Duonque  county  asking  for  a  change  in  the  system  of 
county  government. 

Beferred  to  Committee  on  County  and  Township  Organization. 

Mr.  Sapp  presented  a  petition  from  E.  F.  Burdick  and  thirty- 


HOUSE  OF  RBPHESENTATIVES.  179 

nine  others^  citizens  of  Pottawattamie  coontj,  asking  for  an  in- 
crease in  the  fees  of  County  Surveyors. 

Beferred  to  select  committee  on  that  subject. 

Mr.  McCnllough  presented  a  petition  from  H.  Berry  and  others 
asking  for  the  repeal  of  the  Prohibitory  Liquor  Law,  and  the  en- 
actment of  a  License  Law. 

Beferred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Brown  of  Madison »  presented  a  memorial  from  the  board  of 
Bcpervisors  of  Madison  county,  askine  for  the  passage  of  an  act  au- 
thorizing the  levy  of  a  higher  rate  of  road  tax. 
""    Beferred  to  the  Committee  on  County  and  Township  Organiza- 
tions. 

Mr.  Wilson  of  Dubuque,  presented  a  petition  from  Martin  Os- 
wald and  others,  asking  for  the  repeal  of  the  Prohibitory  Liquor 
Iawj  and  the  enactment  of  a  License  Law. 

Beferred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Carbee  presented  a  petition  from  Isaac  Berger  and  others, 
asking  for  the  repeal  of  Sections  1  and  2,  Chapter  143  of  the  7th 
General  Assembly,  legalizing  the  manufacture  and  sale  of  beer. 

Beferrred  to  same  Committee. 

Mr.  Carbee  also  presented  a  remonstrance  from  Wm.  Dow  and 
others,  against  the  repeal  of  the  Prohibitory  Liquor  Law. 

Beferred  to  same  Committee. 

Mr.  Close  presented  two  petitions  from  N.  A.  Clark  and  others, 
asking  for  the  repeal  of  the  Prohibitory  Liquor  Law,  and  the  en- 
actment of  a  License  Law. 

Beferred  to  same  Committee. 

Mr.  Serrin  presented  a  petition  from  A.  H.  Willits  and  other 
citizens  of  Iowa  County,  asking  for  an  increase  in  the  lees  of 
County  surveyors,  which  was  referred  to  the  select  committee  on 
the  subject. 

Mr.  Wilson  of  Dubuque,  presented  a  remonstrance  from  Wm. 
Sowell  and  others,  against  any  unfriendly  legislation  concerning 
the  Dubuque  and  Sioux  City  Bailroad. 

Beferred  to  Committee  on  B.  B. 

Mr.  Garber  presented  a  petition  from  C.  Y.  Kellogg  and  others, 
dtizens  of  Clavton  County,  asking  for  the  repeal  of  the  prohibitory 
Uqaor  law,  and  the  enactment  of  a  license  law. 

Beferred  to  Committee  on  Suppression  of  Intemperance. 

MESSAOS  FBOM  THE   SEIiTATE. 

The  following  message  was  received  from  the  Senate : 
Mb.  Speakbb  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  a  Joint  Besolution,  transmitted  here- 
with, in  which  the  concurrence  of  the  House  is  asked. 

Joint  Uesolution  asking  for  a  daily  mail  route  from  Des  Moines, 
Iowa,  via  Indianola,  Chariton,  and  Corydon,  to  Lineville,  Mo. 


180  JOURNAL  OP  THE 

Also  House  File  No.  81,  A  bill  for  an  act  making  appropria- 
tion for  the  payment  of  mileage  of  members  of  the  Eleventh  Gen- 
eral Assembly,  with  the  following  amendments,  by  striking  out  of 
Section  3,  the  following  words,  "  Including  the  Chief  Clerk." 

By  striking  out  of  Section  4,  the  following  words  *'  and  the 
Chief  Clerk,"  and  by  adding  at  the  end  of  Section  4,  the  following 
words,  "  Provided  that  no  person  shall  receive  mileage  by  virtue 
of  this  act,  except  as  provided  by  Sections  2  and  3  of  this  act." 

In  which  the  concurrence  of  the  House  is  respectfully  asked. 

I  also  return  herewith  House  File  No.  26,  A  bill  for  an  act  to 
amend  Section  800,  of  the  Revision  of  1860,  the  same  having 
passed  the  Senate  without  amendment. 

JAMES  M.  WEAET,  Ass't  Secretary. 

Mr.  Garber  presented  sundry  petitions  from  M.  O.  Ketchum, 
and  others  asking  for  the  establishment  of  a  mail  route  from  Mem- 
phis, Missouri,  to  Vernon,  Iowa,  which  were  referred  to  the  Com- 
mittee on  Federal  Kelations. 

Mr.  McLaughlin  presented  a  petition  from  John  Wise,  and 
other  citizens  of  Jackson  county,  praying  for  the  repeal  of  the 
prohibitory  liquor  law,  and  the  enactment  of  a  judicious  license 
law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Leave  of  absence  was  granted  to  Messrs.  Bereman,  Walden, 
Knox,  and  Buck,  for  one  week. 

Mr.  Rogers  asked  leave  to  withdraw  House  File  No.  26,  which 
had  been  made  the  special^ order  for  February  15th.     Granted. 

Mr.  Rogers  asked  to  be  excused  from  further  service  on  the  Ju- 
diciary Committee. 

The  motion  to  excuse  Mr.  Rogers  did  not  prevail. 

RBPOBTS   OF  OOMMmEBS. 

Mr.  Finkbine  submitted  the  following  report : 

The  Committee  on  Wavs  and  Means  to  whom  was  referred  the 
memorial  ot  the  Board  of  Supervisors  of  Washington  county,  re- 
lating to  the  relief  fund  have  instructed  me  to  report  the^same  back, 
the  House  having  taken  action  on  the  subject  matter  of  the  memo- 
rial. FfNKBINE,  Chairman. 

Mr.  Finkbine  from  the  same  Committee  presented  the  following 
report : 

The  Committee  on  Ways  and  Means  to  whom  was  referred 
House  File  No.  79,  A  bill  for  an  act  to  amend  Section  779,  of  the 
Revision  of  1860,  relating  to  the  registration  of  letters  containing 
County  Treasurers  monthly  report  to  State  Auditor,  have  instruct- 
ed me  to  report  the  same  back  with  the  recommendation  that  it 
do  pass. 

FINKBINE,  Chairman. 

Mr.  Darwin  from  the  Committee  of  Judiciary,  submitted  the 
following  report : 


HOUSE  OP  REPRETSENAT1VB8.  181 

Me.  Speakeb  : — ^The  Committee  on  the  Judiciary  to  whom  was 
referred  Honse  File  No.  62,  A  bill  to  amend  and  explanatory  of 
Section  1,  Chapter  118,  of  the  acts  of  the  Tenth  General  Assembly, 
approved  March  19,  1862,  have  had  the  same  nnder  consideration 
and  for  the  same  herewith  report  a  substitute  which  they  recom- 
mend to  be  put  upon  its  passage. 

DARWISr,  Chairman. 
The  same  Committee  submitted  the  following  report : 
Mb.  Speaker  : — The  Committee  on  the  Judiciary,  to  whom  was 
referred  House  File  No.  112,  A  bill  to  limit  the  value  of  Home- 
steads exempt  from  execution,  have  had  the  same  under  considera- 
tion and  come  to  an  unfavorable  coqclusion  thereon,  and  think- 
ing that  the  same  should  not  pass,  they  recommend  its  indefinite 
postponement. 

DAEWIN,  Chairman. 
The  same  Committee  submitted  the  following  report : 
Me.  Speaker  : — The  Judiciary  Committee,  to  whom  was  refer- 
red a  bill  for  an  act  to  amend  Chapter  22,  of  the  acts  of  the  Tenth 
General  Assembly,  (the  same  being  House  File  No,  90,)  have  had 
the  same  under  consideration,  and  having  decided  unfavorably 
thereto,  have  instructed  me  to  report  the  recommendation  that  the 
same  be  indefinitely  postponed. 

DARWIN,  Chairman  of  Judiciary. 
The  same  Committee  submitted  the  following  report : 
Mb.  Speaker: — The  Committee  on  Judiciary,  to  whom  was  re- 
ferred House  File  No.  60,  "  A  bill  for  act  to  amend  Section  4220, 
of  the  Revision  of  1860,  "  has  had  the  same  under  consideration, 
and  come  to  a  favorable  conclusion  thereon.  The  Committee  are 
satisfied  that  the  provisions  of  the  bill  are  law  now  ;  but  inasmuch 
as  by  a  misprint  in  the  Section  referred  to,  it  would  seem  to  be 
otherwise,  and  as  this  bill  will  provide  a  plain  remedy,  its  passage 
is  recommended.  « 

DARWIN,  Chairman. 
The  Committee  on  Schools  submitted  the  following  report : 
Me.  Speaker: — I  am  instructed  by  the  Committee  on  Schools 
to  report  to  the  House  the  accompanying  bill  for  an  act  to  estab- 
lish a  State  Normal  School,  and  to  ask  that  tfa^e  same  be  ordered  to 
be  printed. 

J.  N.  ROGERS,  Chairman. 
The  report  of  the  Committee  was  received,  the  bill  read  a  first 
and  second  time,  and  ordered  printed. 
The  Committee  on  Agriculture,  submitted  the  following  report : 
Mr.  Speaker: — The  Committee  on  agriculture,  to  whom  was 
referred  House  File  No.  93,  "An    act  to  amend  Section  1545, 
Chapter  61,  of  the  revision  of  1860,  an  act  that  sheep  and  swine 
shall  not  be  free  commoners, "  have  had  the  same  under  consid- 
eration, and  have  instructed  me  to  report  it  back  to  the  House,  and 


1 


182  JOURNAL  OP  THB 

to  state  that  in  the  opinion  of  the  Committee  no  farther  legielation 
is  required. 

H.  M.  THOMSON,  Chairman. 

The  same  Committee  presented  the  following  report : 

Mb.  Speaker  : — The  Committee  on  Agriculture  to  whom  was 
referred  House  File  No.  60,  A  bill  for  an  act  to  amend  an  act  en- 
titled Eailroad  Companies  have  had  the  same  under  consideration 
and  have  instructed  me  to  report  it  back  to  the  House  with  a  rec- 
ommendation that  it  do  not  pass. 

H.  M.  THOMSON,  Chairman. 

The  same  Committee  presented  the  following  report : 

Mb.  Speaker  : — The  Committee  on  Agriculture  to  whom  was 
referred  House  File  No.  106,  ''A  bill  for  an  act  to  pay  bounty 
upon  the  scalps  of  certain  wild  animals,"  have  had  the  same  under 
consideration  and  have  instructed  me  to  report  it  back  to  the 
House  with  a  recommendation  that  it  do  pass. 

H.  M.  THOMSON,  Chairman. 

The  Committee  on  Incorporations  submitted  the  following  re- 
port : 

Mr.  Speaker: — ^The  Committee  on  Incorporations  to  whom 
was  referred  the  memorial  of  the  Mayor  and  Common  Council 
and  other  citizens  of  Pella,  in  Marion  County,  asking  for  an 
amendment  to  the  incorporation  law  so  as  to  enable  them  to  incor- 
porate the  town  of  Pella,  have  had  the  same  under  consideration 
and  l^ave  instructed  me  to  report  by  bill  and  recommend  that  the 
same  do  pass. 

H,  B.  WILLIAMS,  Chairman. 

The  Committee  on  Rules  submitted  the  following  report : 

Mr.  Speaker  : — The  Committee  on  Rules  to  whom  was  referred 
Senate  substitute  for  Joint  Rule  No.  5,  have  had  the  same  under 
consideration,  and  have  instructed  me  to  report  the  same  back  to 
the  House  with  the  recommendation  that  the  same  be  adopted. 

MoCULLOUGH,  Chairman. 

The  report  of  the  Committee  was  not  concurred  in. 

The  Coramitee  on  Engrossed  Bills  reported  that  they  had  exam- 
ined House  Files  Nos.  4  and  35,  with  the  substitute  therefor; 
House  File  No.  100,  and  House  File  No.  99,  and  found  thorn  cor- 
rectly engrossed. 

Mr.  mlliams  of  Winneshiek,  from  the  Special  Committee  sub- 
mitted the  following  report : 

Mr,  Speaker:— The  Special  Committee  to  whom  was  referred 
Senate  File  No.  36,  A  bill  for  an  act  to  legalize  the  articles  of  in- 
corporation of  the  Norwegian  Lutheran  College  of  Deporah,  Iowa, 
have  had  the  same  under  consideration,  and  have  instructed  me  to 
report  the  same  back  to  the  House  without  amendment  and  rec- 
ommend that  the  same  do  pass. 

WILLIAMS,  for  Committee. 


HOUSE  OF  REPREBBNTATIVEa  183 

The  Committee  on  Oompensation  of  Public  Officers,  submitted 
the  following  report : 

The  Committee  on  Compensation  of  Public  Officers  to  whom 
was  referred  House  File  No.  76,  in  reference  to  County  Surveyors, 
have  instructed  me  to  report  the  same  back  to  the  House  and  rec- 
ommend that  the  same  be  referred  to  the  Special  Committee  to 
whom  the  whole  matter  in  reference  to  county  surveyors  has  been 
roferred 

WM.  L.  JOT,  Chairman. 
The  report  of  the  Committee  was  concurred  in,  and  the  bill  so 
referred. 

INTBODUOTION  OF  BILI4S. 

Mr.  Runyan  introduced  House  File  No.  124,  A  bill  for  an  act  to 
provide  for  the  education  and  support  of  the  blind. 

Read  a  first  and  second  time  and  referred  to  tbe  Committee  on 
Blind  Asylum. 

Mr.  Runyan  introduced  House  File  No.  125,  A  bill  for  a^  act 
making  further  appropriations  for  the  Asylum  for  the  Blind. 

Read  a  first  and  second  time,  and  referred  to  the  Committee  on 
Ways  and  Means. 

Mr.  Glasgow  introduced  House  File  No.  126,  A  bill  for  an  act 
relating  to  the  Assistant  Adjutant-General. 

Read  a  first  and  second  time,  and  referred  to  the  Committee  on 
Military  Affairs. 

Mr.  Wilson  of  Jackson,  introduced  House  File  No.  127,  A  bill 
for  an  act  to  amend  an  act  to  change  and  fix  the  time  of  holding 
Courts  in  the  7th  Judicial  District, 

Read  a  first  and  second  time  and  referred  to  a  Select  Committee 
consisting  of  the  members  from  that  District. 

Mr.  Garber  introduced  House  File  No.  128,  A  bill  for  an  act  to 
regulate  sheriff's  fees  for  conveying  insane  persons  to  the  Insane 
Hospital. 

Read  a  first  and  second  time,  and  referred  to  the  Committee  on 
Compensation  of  Public  Officers. 

SPEOIAL  ORDBB. 

The  hour  having  arrived  for  the  consideration  of  the  special  or- 
der, House  File  No.  103,  A  bill  for  an  act  fixing  the  salaries  of  the 
District  and  Supreme  Judges. 

Mr.  Rogers  moved  that  the  special  order  be  taken  up.     Carried. 

Mr.  Knssell  moved  to  postpone  the  further  consideration  of  the 
special  order  until  such  time  as  the  Committee  on  Compensation 
of  Public  Oflicers  shall  report  upon  the  whole  question  of  increas- 
infi:,the  pay  of  Public  Officers.    Lost. 

Mr.  Clark  offered  the  following  amendment :  <<  That  $2,000  be 


184  JOURNAL  OF  THE 

stricken  out  and  $1,800  inserted  ;  and  that  $3,000  be  stricken  out, 
and  $2,500  inserted. 

Mr.  Landes  called  for  a  division  of  the  question. 

Mr.  Fry  moved  to  amend  the  amendment  by  striking  out  $1,800 
and  inserting  $1,600. 

Mr.  Tracy  moSred  the  i)revious  question  which  was  not  seconded. 

Mr.  West  moved  to  adjourn.    Lost. 

Mr.  McNutt  moved  to  postpone  the  further  consideration  of  the 
special  order  until  tomorrow  morning  at  10  o'clock.     Carried. 

Mr.  Burnett  moved  to  adjourn  until  to-morrow  morning  at  9 
o'clock,  which  motion  prevailed,  and  the  House  adjourned. 


Hall  of  House  of  Sepbbsentatiyes,  [ 
Des  Moines,  January  31, 1866.      ) 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Gaston. 

Journal  of  yesterday  read  and  approved. 

Leave  of  absence  was  granted  C.  S.  Wilson,  1st  Assistant  Clerk 
of  the  House  of  Representatives  in  consequence  of  serious  illness 
of  his  family. 

■ 

INTKODUCTION  OF  BILLS. 

Mr.  West  introduced  House  File  No.  129,  A  bill  for  an  act  pre- 
scribing rates  for  transportation  of  persons  and  property  on  rail- 
roads, and  for  other  purposes. 

Head  first  and  second  time,  referred  to  Committee  on  Commerce 
and  ordered  printed. 

Mr.  Glasgow  introduced  House  File  Ko.  130,  A  bill  for  an  act 
to  secure  to  Joseph  Skipper,  a  resident  of  Wayne  county,  Iowa, 
his  home  at  the  price  of  $1.25  per  acre  from  lands  known  as  the 
excess  of  the  500,000  acre  grant. 

Read  first  and  second  times,  and  referred  to  select  committee  of 
three,  consisting  of  Messrs.  Glasgow,  Russell,  and  Bolter. 

Mr.  Russell  introduced  House  File  Xo.  131,  A  bill  for  an  act  to 
restrain  all  stock  from  running  at  large  during  certain  portions  of 
the  year. 

Read  first  and  second  times,  and  referred  to  Committee  on  Agri- 
culture. 

Mr.  Sherman  introduced  House  File  No.  132,  A  bill  for  an  act 
to  provide  for  the  appointment  of  Private  Secretary  to  the  Gov- 
ernor and  requiring  liim  to  give  bond. 


HOUSE  OP  REPRESENTATIVES.  185 

Read  first  and  second  times,  and  passed  on  file. 

Mr.  Holden  introduced  House  File  No.  188,  A  bill  for  an  act 
restricting  the  charges  of  railroad  companies. 

Read  first  and  second  time,  and  referred  to  Committee  on  Com- 
merce, and  ordered  printed. 

Mr.  Comfort  introduced  House  File  No.  134,  A  bill  for  an  act  to 
amend  Chapter  172  of  the  Acts  of  the  Ninth  Gfeneral  Assembly 
and  Chapter  102  of  the  Tenth  General  Assembly  in  relation  to 
Common  Schools. 

Read  first  and  second  times,  and  referred  to  the  Committee  on 
Schools. 

Mr.  Belt  introduced  House  File  No.  135,  A  bill  for  an  act  to  re- 
peal Chapter  87  of  the  Laws  of  the  Ninth  General  Assembly. 

Read  first  and  second  times,  and  referred  to  the  Judiciary  Com- 
mittee. 

Mr.  Comfort  introduced  House  File  No,  136,  A  bill  for  an  act 
to  repeal  Section  1  of  Chapter  109  of  the  Acts  of  the  Tenth  Gen- 
eral Assembly  relating  to  Agriculture. 

Read  first  and  second  times,  and  referred  to  the  Committee  on 
Affricnlture. 

Mr.  Lowdon  introduced  House  File  No.  187,  A  bill  for  an  act  to 
increase  the  compensation  of  Township  Assessors. 

Read  first  and  second  times,  and  referred  to  the  Committee  on 
the  Compensation  of  Public  Officers. 

SBPOBT  ON  ENROLLED  BILLS. 

Mr.  Speaker  : — Tour  Committee  on  Enrolled  Bills  has  exam- 
ftmined  House  File  No.  126;  find  it  correctly  enrolled,  and  present 
the  same  for  your  signature. 

G.  J.  TISDALE,  Chairman. 

RESOLUTIONS. 

Mr.  McNutt  introduced  the  folloieing  resolution,  which  was 
adopted : 

Besolvedj  That  the  Committee  on  State  University,  be,  and  are 
hereby  instmcted  to  inquire  into  the  losses  sustained  by  the  Uni- 
versity fund,  as  stated  on  page  36  of  the  Auditor's  Report ;  and 
«aid  Committee  are  further  instructed  to  report  back  to  this  House 
^  said  losses  have  taken  place,  also,  through  whose  instrumen- 
tality or  by  whose  fault  the  losses  have  occurred,  and  whether  or 
not  there  is  anybody  to  blame. 

Mr.  Thomson  introduced  the  following  resolution  which  was 
adopted : 

Resolved^  by  the  Ilouse  of  liepresentatives^  the  Senate  concur- 
^i^g,  that  a  joint  committee  of  two  from  the  House  and  two  from 
the  Senate  be  appointed  to  visit  the  Orphan's  Home  at  Davenport 


186  JOURNAL  OF  THE 

and  Cedar  Falls,  and  report  upon  them  to  this  General  Aeeemblj. 

Mr.  Godfrey  introduced  tne  following  resolution,  which  was 
adopted : 

itesolved^  That  the  Secretary  of  State  be  directed  to  furnish 
each  member  and  officer  of  this  House  with  printed  copies  of  the 
Adjutant  General's  Eeports  for  the  years  1864  and  1865. 

Mr.  McNutt  moved  that  the  resolution  be  amended  by  adding 
"  reporters  "  after  the  word  "  officers." 

Tne  amendment  prevailed  and  the  resolution,  as  amended,  was 
adopted. 

Mr.  Williams,  of  Des  Moines,  introduced  the  following  resolu- 
tion : 

Resolved^  That  the  bill  introduced  by  Mr.  Sherman,  of  Polk, 
relating  to  surveys,  and  referred  to  Special  Committee,  be  printed 
for  the  use  of  'said  Committee. 

The  resolution  was  adopted. 

Mr.  McFherson  introduced  the  following  resolution,  which  was 
adopted : 

Resolved  hy  the  House  of  liepresentativesy  Hie  Senate  concurring^ 
That  our  Senators  and  Representatives  in  Congress  be  requested 
to  use  their  influence  to  procure  the  establishment  of  a  semi-weeklj 
mail  route  from  Des  Moines  to  Grove  City  in  CaSs  county  via  Mc- 
Clain,  Keeny,  Payton,  Maxville,  Stanfield  and  Beason — said  route 
running  through  a  portion  of  Warren  and  the  entire  of  Madison, 
Adair  and  Cass  counties. 

Mr.  Darwin  offered  the  following  resolution  which  was  referred 
to  Committee  on  Constitutional  Amendments : 

A  proposal  to  amend  the  constitution  of  the  State  of  Iowa. 

Be  it  Resolved  hy  the  General  Assembly  of  the  State  of  lowa^ 
That  the  following  amendments  to  the  Constitution  of  the  State  of 
Iowa  are  hereby  proposed. 

1st.  Strike  the  word  "  white  "  from  Section  one  of  Article  two 
thereof. 

2d.  Strike  the  word  "  white  "  from  Section  thirty-three,  of  Ar- 
ticle three  thereof. 

3d.  Strike  the  word  "  white  "  from  Section  thirty-four  of  Ar- 
ticle three  thereof. 

4th.  Strike  the  word  "  white  "  from  Section  thirty-five  of  Ar- 
ticle three  thereof. 

6th.  Strike  the  word  "  white  "  from  Section  one  of  Article  six 
thereof. 

6th.  Strike  the  words  "  citizen  of  the  United  States  "  from  Sec- 
tion one  of  Article  two  thereof.  t 

By  leave,  Mr.  Darwin  introduced  House  File  No.  138,  A  bill 
for  an  act  to  provide  for  reference  and  publication  of  proposed 
amendments  to  the  Constitution. 

Read  a  first  and  seconed  time,  referred  to  Committee  on  Consti- 
tutional Amendments. 


HOUSE  OF  REPRESENTATIVES.  187 

Mr.  Goodrich  oiffered  the  following  resolution,  which  was 
idopted : 

Be  U  resolved  iy  this  House  of  Jiepresentaiives,  That  our  door- 
keeper be  considered  as  an  officer  of  the  Hoose  in  carrying  oat  all 
resolntions  conferring  favors  or  perquisites. 

Mr.  Flanders  oflFered  the  following  resolution,  which  was  referred 
to  the  Committee  on  Federal  Relations 

Whereas,  The  people  of  Yirginia,  North  Carolina,  South  Car- 
olina, Georgia,  Florida,  Alabama,  Mississippi,  Loi)isiana,  Texas, 
Arkansas  and  Tennessee,  have  heretofore  declared  their  indepen- 
dence of  the  Government  of  the  United  States,  have  usujrped  au- 
thority denied  to  every  State  by  the  supreme  law  of  the  land,  have 
abjured  duties  imposed  upon  everv  State  by  the  same  law,  and 
bare  waged  war  against  the  United  States,  whereby  the  political 
functions  formerly  granted  to  those  people,  have  been  suspended, 
and 

Whereas,  Such  functions  cannot  yet  be  restored  to  those  people 
with  safety  to  themselves  or  the  nation,  and 

Whereas,  Military  tribunals  are  not  suited  to  the  exercise  of 
civil  authority. 

Therefore  be  it  resolved  iy  the  General  Assembly  of  the  State  of 
loica^  That  in  our  opinion  Congress  ought  forthwith  to  organize 
provisional  governments  for  the  people  in  each  of  the  Districts 
named  in  the  foregoing  preamble. 

Resolvedy  That  a  copy  of  these  resolutions  be  forwarded  by  the 
Secretary  of  State  to  each  of  our  Senators  and  Representatives  in 
Congress. 

MESSAGE  FROM  THE   SENATE. 

The  following  message  was  received  from  the  Senate  : 

Mb.  (Speaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bills  and  resolution,  in 
which  the  concurrence  of  the  House  is  asked. 

Senate  File  No.  3,  A  bill  for  an  act  granting  to  the  Iowa  State 
University  certain  property  in  Iowa  City. 

Senate  File  No.  19,  A  bill  for  an  act  to  repeal  Section  2,  Chap- 
ter 43,  of  laws  of  the  Tenth  General  Assembly,  and  Section  3,  of 
Chapter  17,  of  the  laws  of  the  regular  session  of  the  Ninth  Gen- 
eral Assembly. 

Senate  File  No.  48,  A  bill  for  an  act  fixing  the  times  of  holding 
courts  in  the  Fifth  Judicial  District. 

Joint  Resolution  relative  to  additional  mail  facilities  in  Buchan- 
an and  Fayette  counties,  which  is  transmitted  herewith. 

I  also  return  herewith  five  House  Joint  Resolutions  relative  to 
additional  mail  facilities. 

Also  a  House  Joint  Resolution  relative  to  declaring  the  Turkey 
river  not  a  navigable  stream. 


188  JOURNAL  OF  THE 

Also  a  House  Joint  Resolution  relative  to  •declaring  the  Des 
Moines  river  not  a  navigable  stream. 

Also  a  concurrent  resolution  relative  to  appointing^a  Joint  Com- 
mittee to  visit  the  Agricultural  College  Farm  and  buildings. 

Also  a  concurrent  resolution  relative  to  appointing  a  Joint  Com- 
mittee to  visit  the  Insane  Asylum.  The  same  having  passed  the 
Senate  without  amendment 

I  am  further  directed  to  inform  you  that  the  Senate  has  concur- 
red in  the  House  amendment 'Striking  out  the  words  "the  House 
concurring,"  to  the  Senate  resolution  relative  to  binding  and  dis- 
tributing certain  public  documents. 

JAMES  M.  WEART,  Asst.  Secretary. 

Mr.  Russell  oiFered  the  following  resolution  which  was  lost : 

Resolved^  That  the  Chief  Clerk  of  this  House  is  hereby  instructed 
to  transmit  to  the  Senate  immediately  after  their  passage  by  the 
House,  all  bills  and  Joint  Resolutions,  unless  otherwise  ordered. 

Mr.  Wilson  of  Dubuque,  dflfered  the  following  resolution  which 
was  adopted: 

Whereas,  There  are  several  counties  in  the  State,  which,  by 
reason  of  the  scarcity  of  timber  for  agricultural  purposes,  cannot, 
under  present  laws,  be  generally  settled,  and  as  it  is  important  for 
this  House  to  inquire  whether  legislation  upon  the  subject  of  dis- 
pensing with  fences  in  those  counties,  and  providing  for  the  herd- 
ing of  cattle  therein  is  proper,  and  will  promote  such  settlement, 

Resolved^  That  this  subject  be  made  the  special  order  for  Thurs- 
day of  next  week  at  10  o'clock  A.  M.,  at  which  time  this  subject 
shall  be  considered  in  Committee  of  the  whole  House. 

Mr.  Maxwell  offered  the  following  resolution  which  was  referred 
to  the  Committee  on  Constitutional  Amendments: 

Resolved^  That  the  Committee  on  Constitutional  Amendments 
he  instructed  to  inquire  into  the  expediency  of  striking  out  the 
word  "  male "  where  it  occurs  in  the  Constitution  in  relation  to 
franchise. 

Mr.  Morgan  offereji  the  following  resolution: 

Resolved^  That  James  McConnell,  paper  folder,  be  allowed  a 
copy  of  the  Adjutant-GeneraPs  Report,  1864  and  1865. 

Mr.  Tracy  offeree? the  following  amendment: 

That,  after  the  words  *^  paper  folder,"  "all  employees  of  the 
House"  be  added. 

The  amendment  was  lost. 

The  resolution  was  adopted. 

The  Speaker  announced  the  following  Visiting  Committees  on 
the  part  of  the  House : 

Agricidtural  College — Messrs.  Russell  and  Finkbine. 

Insane  Asylum — Messrs.  Bennett  and  Boomer. 

State  University  and  Deaf  and  Dumh  Asylum — Messrs.  Belt 
and  Wilson  of  Dubuque, 

Soldiers^  Orphans^  llonie — Messrs.  Burnett  and  Thomson. 


HOUSE  OP  KEPRESBNTATIVEB.  189 

Mr.  Serrln  offered  the  following  resolution,  which  was  adopted  : 

liesolved  by  the  Souse  of  Representatives^  the  Senate  concurring^ 

That  John  n.  Goagh  be  and  h*e  is  hereby  respectfully  invited  to 

visit  Des  Moines  and  address  the  General  Assembly  and  citizens 

apon  sach  sabject  as  he  may  think  proper. 

SPECIAL  OBDSR. 

The  Speaker  announced  that  the  hour  had  arrived  for  the  con- 
sideration of  the  special  order,  which  was  accordingly  taken  up. 

Mr.  McNutt  moved  to  recommit  to  the  Committee  on  Compen- 
sation of  Public  Officers,  with  instructions  to  report  a  bill  provid- 
ino:  compensation  for  all  officers  paid  out  of  the  State  Treasury. 

Lost. 

Mr.  Tracy  moved  that  the  House  do  now  adjourn. 

The  motion  to  adjourn  was  lost. 

Mr.  Flanders  moved  that  the  farther  consideration  of  the  special 
order  be  postponed  until  to-morrow  at  10  o'clock  A.  M.     Lost. 

The  questioa  recurring  upon  the  motion  of  Mr.  Fry  to  strike  out 
*^$1800  "  and  insert  "  $1600," 

The  yeas  and  nays  were  demanded  and  ordered,  and  were  as 
follows : 

The  yeas  were  Messrs.  Alcorn,  Ballinger,  Bolter,  Brown  of  De- 
catur, Carbee,  Close,  Comfort,  Fry,  Gaylord,  Goodrich,  Hand, 
Lowdon,  Martin,  McPherson,  Russell,  Wilcox,  Wright — 17. 

The  nays  were  Messrs.  Abernethy,  Abbott,  Barnes,  Barker, 
Bahl,  Belt,  Bennett,  Boomer,  Brown  of  Louisa,  Brown  of  Madison, 
Brown  of  Van  Bnren,  Burnett,  Clark,  Conway,  Crawford,  Darwin, 
Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine, 
Flanders,  Gamble,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey, 
Graves,  Holmes,  Holden,  Joy,  Knapp,  Landes,  Leffingwell,  Linder- 
man,  Maxwell,  McNutt,  McCullough,  McLaughlin,  McKean,  Mills, 
Morgan,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Ryan,  Sapp,  Safely, 
Serrin,  Sherman,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thom- 
son, Thorn,  Van  Leuven,  West,  Wilson  of  Dubuque,  Williams  of 
De&  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Wiuneshiek,  Mr.  Speaker — 69. 

Absent  and  not  voting,  Messrs.  Bereman,  Brown  of  Winneshiek, 
Back,  Griffith,  Hale,  Hugglns,  Knox;  O'Brien,  Olmstead,  Runyan, 
Stockman  and  Walden — 12. 

So  the  amendment  to  thoxamendment  was  lost. 

The  question  being  now  upon  the  amendment  of  Mr.  Clark,  to 
strike  out  "$2,000  "  and  insert  "$1,800,"  the  same  was  decided  in 
the  negative. 

Upon  the  second  part  of  the  motion  of  Mr.  Clark,  to  strike  out 
"  $3,000 "  and  insert  "  $2,500,"  the  yeas  and  nays  were  ordered, 
and  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 


190  JOURNAL  OP  THE 

Barnes,  Bahl,  Bennett,  Boomer,  Bolter,  Brown  of  Decatnr,  Brown 
of  Louisa,  Brown  of  Madison,  Carbee,  Clark,  Close,  Conway, 
Crawford,  DeForest,  Dwelle,  Fellows,  Flanders,  Fry,  Gamble, 
Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Goodrich,  Graves,  Hand, 
Holmes,  Knapp,  Landes,  Linderman,  Lowdon,  Martin,  Maxwell, 
McPherson,  McNutt,McCQllough,McKean,  Mills,  Morgan,  Palmer, 
Poindexter,  Russell,  Sapp,  Safely,  Sipple,  Tbacher,  Travis,  Tis- 
dale,  Thomson,  West,  Wilcox,  Wright,  Wilson  of  Dubuque,  Wil- 
son ot'  Jackson,  Wilson  of  Marshall,  Williams  of  Winnesheik,  Mr. 
Speaker — 62. 

The  nays  were  Messrs.  Barker,  Belt,  Brown  of  Van  Bnren,  Bur- 
nett, Comfort,  Darwin,  Dashiel,  Dudley,  Emery,  Finkbine,  God- 
frey, Holden,  Joy,  Leffingwell,  McLaughlin,  Rogers,  Roblfs,  Run- 
ian,  Ryan,  Serrin,  Sherman,  Thorn,  Van  Leuven,  Williams  of 
)e8  Moines — 21. 

Absent,  not  voting,  Messrs.  Bereman,  Brown  of  Winnesheik, 
Buck,  Griffith,  Hale,  Huggins,  Knox,  O'Brien,  Olmstead,  Stock- 
man, Tracy,  and  Walden — 12. 

So  the  proposition  to  strike  out  and  insert  was  adapted. 

Mr.  Poindexter  offered  the  following  amendment :  Amend  first 
section  by  striking  out  all  after  the  enacting  clause,  and  insert  the 
following,  to- wit:  That  from  and  atter  the  last  day  of  December, 
1866,  the  salary  of  each  Judge  of  the  District  Court  shall  be,  and 
the  same  is  hereby  fixed  at  the  sum  of  two  thousand  dollars  per 
annum. 

The  amendment  was  lost. 

Mr.  Russell  moved  that  $2,000  be  stricken  out  and  $1,700  in- 
serted. 

Upon  this  question,  the  yeas  and  nays  were  demanded  and  or- 
dered, and  were  as  follows  : 

The  yeas  were  Messrs.  Alcorn,  Barnes,  Bahl,  Bolter,  Brown  of 
Decatur,  Carbee,  Clark,  Close,  Comfort,  Dwelle,  Fellows,  Flan- 
ders, Fry,  Gaylord,  Gary,  Garrett,  Goodrich,  Hand,  Knapp,  Lan- 
des, Lowdon,  Martin,  Maxwell,  McPherson,  Poindexter,  feussell, 
Thacher,  Travis,  West,  Wilcox,  Wright,  Williams  of  Des 
Moines — 32. 

The  nays  were  Messrs.  Abbott,  Ballinger,  Barker,  Belt,  Ben- 
nett, Boomer,  Brown  of  Louisa,  Brown  of  Madison.  Brown  of 
Van  Buren,  Burnett,  Conway,  Crawford,  Darwin,  Dashiel,  DeFor- 
est, Dudley,  Emery,  Finkbine,  Gamble,  Garber,  Glasgow,  God- 
frey, Graves,  Holmes,  Holden,  Joy,  Leffingwell,  Linderman,  Mc- 
Nutt,  McCuUough,  McLaughlin,  McKean,  Mills,  Morgan,  Palmer, 
Rogers,  Rohlfs,  Runyan,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Tisdale,  Thomson,  Thorn,  Van  Leuven,  Wilson  of 
Dubuque,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Winneshiek,  Mr.  Speaker — 54. 

Absent,  not  voting,  Messrs.  Abernethy,  Bereman,  Brown  of 
Winneshiek,  Buck,  Griffith,  Hale,  Huggins,  O'Brien,  Olmstead, 
Stockman,  and  Walden — 12. 


HOUSE  OF  RKPRB8BNTATIVE8.  191 

The  motion  did  tiot  prevail. 

Mr.  Finkbine  moved  that  the  bill  be  engrossed  and  read  a  third 
time.  ^ 

The  motion  prevailed. 

Mr.  Van  L^uven  asked  ten  days  leave  of  absence  for  Mr.  Gam- 
ble, which  request  was  granted. 

Mr.  Williams  of  Des  Moines,  moved  that  the  vote  by  which  the 
House  refused  to  adopt  the  report  of  the  Committee  on  Rales  on 
yesterday,  be  reconsidered. 

The  motion  to  reconsider  was  adopted. 

On  motion  of  Mr.  Williams,  the  report  and  resolution  were  laid 
upon  the  table. 

Mr.  Rogers  moved  that  the  House  do  now  adjourn  until  9  o^clock, 
to-morrow. 

The  motion  prevailed,  and  the  House  adjourned. 


Hall  op  the  House  of  Repeesentatives,  ) 
Des  Moines,  February  1,  1866.      J 

Ilonse  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Gaston. 

Journal  of  yesterday  read,  corrected,  and  approved. 

The  following  message  was  received  from  the  Senate  : 

Me.  Spsakbb  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bill  and  joint  resolutions, 
in  which  the  concurrence  of  the  House  is  asked  : 

Senate  File  No.  2,  A  bill  for  an  act  to  provide  for  the  election  of 
Township  Collectors  and  to  define  their  powers  and  duties. 

Joiut  resolution  relative  to  additional  mail  facilities  in  Winne* 
shiek,  Chickasaw  and  Floyd  counties. 

Memorial  and  joint  resolution  asking  Congress  for  a  grant  of 
lands  to  aid  in  the  construction  of  the  Iowa  &  Missouri  State  Line 
Kailroad. 

Also  a  concurrent  resolution  relative  to  appointing  a  Committee 
to  visit  the  Blind  Asylum. 

All  of  which  are  herewith  transmitted. 

JAMES  WEART,  Assistant  Secretary. 

HE8SA6B   AND   eOMHTJNIOATION  ON  THB  BPEAKER's  TABLE. 

The  following  communication  from  Hon.  J.  A.  Harvey,  Register 
of  the  State  Land  OflSce,  was  received,  and  on  motion  of  Mr.  Max- 
well, was  ordered  to  be  laid  upon  the  table  and  printed. 


192  JOURNAL  OP  THE 

STATE  LAND  OFFICE,        } 
Des  Moines,  Iowa,  January  SO,  1866.  { 

Hon*.  Ed  "Wright,  Speaker  of  the  House — 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  this  day  of 
the  following  resolution  adopted  by  the  honorable  the  House  of 
Representatives,  on  the  27th  instant,  to-wit : 

^'Besolved,  That  the  Register  of  the  State  Land  Office  is  hereby 
requested  to  inform  this  House  as  soon  as  practicable,  whether  he 
has  any  information  from  the  Department  of  the  Interior  at  Wash- 
ington, in  relation  to  the  construction  put  upon  the  Act  of  Congress 
of  June,  1864,  relating  to  the  Iowa  Land  Grant  Railroads,  and  the 
position  the  State  now  sustains  to  the  grant  of  1856." 

And  in  response  thereto  have  to  say,  tliat  for  the  purpose  of  ob- 
taining the  construction  of  the  Department  on  said  Act  of  Con- 
gress, i  addressed  on  the  16th  of  October,  1805,  to  the  Hon.  James 
Harlan,  Secretary  of  the  Interior,  the  following  letter : 

STATE  LAND  OFFICE  OF  IOWA, ) 
Des  Moines,  October  16, 1865.     f 

Dear  Sir  :  I  hope  you  will  pardon  the  liberty  I  take  of  calling 
your  attention  to  the  Act  of  Congress,  approved  June  2,  1864, 
which  is  an  Act  to  amend  the^railroad  grant  of  May  15,  1856,  (on 
page  101,  Acts  and  Resolutions  of  the  38th  Congress,)  for  the  pur- 
pose of  ascertaining  what  construction  your  Department  of  the 
General  Government  places  upon  said  act. 

I  am  commencing  my  official  report,  and  desire  to  lay  these 
matters  correctly  before  our  Legislature.  And  as  yet  I  have  been 
unable  to  satisfy  myself  fully  as  to  the  design  or  legal  effect  of  said 
Act  of  June  2,  186i.  Our  lawyers  differ  jon  it,  and  before  any 
construction  is  put  on  it  by  the  State  authorities,  I  desire  to  know 
the  views  of  your  Department,  that  it  possiblej  we  may  put  upon 
it  the  same  construction  and  avoid  any  further  conflict. 

Knowing  the  interest  you  feel  in  whatever  appertains  to  onr 
State,  I  address  you  directly^  without  first  writing. the  Commis- 
sioner of  General  Land  Office,  and  trust  you  will  excuse  this  de- 
parture from  the  usual  course.  I  desire  your  views  of  said  Act  as 
to  the  several  particulars  following,  to-wit : 

Ist.  What  lands  does  this  grant  include  that  were  not  intlnded 
in  the  Act  of  May  16,  1856  ?  Does  it  include  even  as  well  as  odd 
sections? 

2d.  What  effect  has  it  upon  the  lands  granted  by  the  Act  of 
May  15,  1856,  which  have  already  been  certified  to  the  State? 
Does  it  ignore  that  certification  and  require  them  to  hb  certified  to 
the  Company  direct^  without  regard  to  the  State?  Or  does  it  only 
require  the  lands  covered  by  the  previous  grant  to  be  so  certified? 

3d.  In  view  of  both  grants,  what  is  the  condition  of  the  title  to 
these  lands  heretofore  certified  under  the  Act  of  1856,  and  what 
control  has  the  State  over  them? 

4:th.    What  is  the  present  condition  of  the  title  to  the  additional 


HOUSE  OF  RBPRSBKNTATIVBS.  193 

lands  granted  by  the  Act  of  Jane  2, 1864 ;  and  what  control  has 
the  State  over  them  ? 

5th.  Does  this  Act  of  1864  extend  the  time  for  the  completion 
of  these  several  roads,  beyond  the  time  fixed  in  the  original  grant) 
If  yea,  to  what  extent  ? 

6th.  Where  the  Companies  have  failed  to  build  the  20  miles  of 
road  required  in  the  eighth  section  of  the  Act,  by  the  first  of  July 
last,  do  not  all  the  lands  granted  or  covered  by  said  Act  (none 
bein^  certified  to  the  Company),  "  become  subject  to  the  control 
aod  disposition  of  the  Legislature  of  the  State  ?"    (See  sec.  8.) 

7th.  Is  not  the  last  sentence  of  section  8  a  relinquishment  of 
all  right  of  reversion  or  resumption  of  the  lands  by  the  United 
States? 

Your  early  answer  will  place  me  under  great  obligations. 

v  ery  respectfully  yours, 

J.  A.  HARVEY. 

IIoK.  James  Harlan,  Secretary  of  Interiory  Washington  City. 

Mr.  Harlan  declined  giving  his  construction  of  said  Act,  but  re- 
ferred my  letter  to  the  Commissioner  of  the  General  Land  Office, 
who  answered  it  as  follows  : 

DEPARTMENT  OF  THE  INTERIOR, ) 
General  Land  Office,  Dec.  22,  18G5.     ) 

J.  A.  Harvey,  Esq.,  State  Land  Office^  Des  Moines^  Iowa — 

Sia:  Your  letter  of  16th  October  last  to  the  Secretary  of  the 
Interior,  having  been  referred  to  this  office  for  reply,  I  beg  leave* 
to  state : 

l8t.  That  the  Act  of  Jane  2, 1864,  does  not  increase  the  grant 
of  1856,  but  enlarges  the  area  of  selection  to  twenty  miles  instead 
of  fifteen.  It  does  not  restrict  the  selections  to  odd  numbered  sec- 
tions, bnt  takes  hold  of  even  numbered  sections  as  well  as  ^le  odd. 

2d.  This  Act  of  June  2,  1864,  does  not  alter  or  interfere  with 
the  grant  of  1856 ;  does  not  require  that  the  lands  certified  to  the 
State  under  the  latter  shall  be  re-certified  to  Companies  under  the 
t'onner  Act. 

3d.  The  State  has  complete  control  over  the  lands  certified 
under  the  Act  of  1856,  for  the  purposes  expressed  in  said  Act. 

4th.    The  late  Act  deals  with  Companies  and  not  with  the  State. 

5th.    No  question  can  arise  for  the  consideration  of  this  office, 
under  the  eighth  section  of  the  Act,  as  to  forfeiture,  until  it  shall 
be  fthown  that  some  one  of  the  Companies  has  failed  to  comply 
with  the  provisions  of  the  Act  in  building  the  road. 
Very  respectfully,  your  obedient  servant, 

J.  M.  Edmunds,  Commissioner. 

This  letter  was  received  by  me  after  the  completion  of  my  re- 
port, and  contains  all  the  information  I  have  from  the  Department 
in  regard  to  the  construction  of  the  Act  referred  to. 

Respectfully  submitted.  J.  A.  HAEVEY. 

25 


194  JOTJRKAL  OF  THE 

Mr.  McPherson  asked  leave  of  absence  for  Mr.  McCalloagh  for 
one  day,  which  was  granted. 

Mr.  Maxwell  asked  leave  of  absence  for  Mr.  Hand,  for  ten  days, 
which  was  granted. 

The  Hoase  took  np  the  amendments  of  the  Senate  to  House  File 
No.  81)  A  bill  for  an  act  making  appropriation  for  the  payment  of 
mileage  of  members  of  the  Eleventn  G^eneral  Assembly. 

And  upon  the  question  of  concurring  in  said  amenclments  the 
yeas  and  nays  were  as  follows: 

The  yeas  were  Messrs.  Abbott,  Belt,  Bennet,  Boomer,  Bolter, 
Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Car- 
bee,  Close,  Comfort,  Conway,  Crawford,  Dashiel,  DeForest,  Dad- 
ley,  Dwelle,  Emery,  Flanders,  Fry,  Gary,  Garrett,  Garber,  Good- 
rich, Graves,  Griflath,  Holden,  Joy,  Landes,  Linderman,  Martin, 
McLaushlin,  Mills,  Palmer,  Eogers,  Eohlfs,  Eanyan,  Russell, 
Ryan,  Sapp,  Safely,  Serrin,  Thacher,  Travis,  Tisdale,  Thomson, 
Thorn,  West,  Wilcox,  Wilson  of  Jackson,  Williams  of  Winneshiek, 
Mr.  Speaker — 52. 

The  nays  were  Messrs.  Abernethy,  Alcorn,  Ballinger,  Barnes, 
Barker,  Bahl,  Brown  of  Decatur,  Burnett,  Darwin,  Fellows,  Fink- 
bine,  Gaylord,  Glasgow,  Godfrey,  Hand,  Holmes,  Knapp,  Leffing- 
well,  Lowdon,  Maxwell,  McPherson,  McNutt,  McKean,  Morgan, 
Poindexter,  Sherman,  Tracy,  Van  Leuven,  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  of  Marshall — 31. 

Absent,  not  voting,  Messrs.  Bereman,  Brown  of  Winneshiek, 
"Buck,  Clark,  Gamble,  Hale,  Iluggins,  Knox,  McCuUough,  O'Brien, 
Olmstead,  Sipple,  Stockman,  Walden,  Wright — 15^ 

So  the  amendments  of  the  Senate  were  concurred  in. 

The  Senate  Joint  Resolution  asking  for  a  daily  mail  route  from 
Des  Moines,  Iowa,  via  Indianola,  Chariton,  and  Corydon,  to  Liun- 
ville,  Missouri,  was  read  and  adopted. 

The  Senate  Joint  Resolution  asking  for  a  daily  mail-route  from 
Independence,  Buchanan  County,  Iowa,  to  Fayette,  in  the  adjoin- 
ing county  of  Fayette,  was  read  and  adopted. 

The  Senate  Joint  Resolution  asking  for  the  establishment  of  a 
daily  mail-route  from  McGregor,  Clayton  county,  Iowa,  by  way  of 
Elkader  to  Strawberry  Point,  in  said  county,  in  and  over  the  mail 
route  now  known  as  Route  No.  11216,  was  read  and  adopted. 

Senate  File  No.  12,  A  bill  for  an  act  to  amend  Section  1133  of 
the  Revision,  &c.,  was  read  first  and  second  time  and  referred  to 
the  Committee  on  Incorporations. 

Senate  File  No.  48,  A  bill  for  an  act  fixing  the  times  of  holding 
courts  in  the  Fifth  Judicial  District,  was  read  first  and  second 
times  and  referred  to  members  from  the  5th  Judicial  District. 

Senate  File  No.  19,  A  bill  for  an  act  to  repeal  Sec.  2,  Chapter 
48,  of  the  laws  of  the  Tenth  General  Assembly,  and  Section  3  of 
Chapter  17  of  the  laws  of  the  Regular  Session  of  the  Ninth  Gen- 
eral Assembly,  was  read  first  and  second  times  and  referred  to  the 
Committee  on  Ways  and  Means. 


HOUSE  OF  REPRBBBNTATIVE8.  195 

Senate  File  No.  3,  A  bill  for  an  act  granting  to  the  Iowa  State 
University  certain  property  in  Iowa  City,  was  read  first  and  second 
times,  and  referred  to  the  Committee  on  the  State  University. 

Senate  File  No.  2,  A  bill  for  an  act  to  provide  for  the  election 
of  Township  Collectors  and  to  define  their  powers  and  duties,  was 
read  first  and  second  times  and  referred  to  tne  Committee  on  Ways 
and  Meacs. 

The  Senate  joint  resolution  asking  for  a  daily  mail  route  from 
Oesian,  in  Winneshiek  county,  via  Fort  Atkinson,  in  said  county, 
New  Hampton  and  Chickasaw,  in  Chickasaw  county,  to  Charles 
City,  in  Floyd  county,  was  read  and  adopted. 

Tbe  following  concurrent  resolution  was  read  and  adopted : 

Resolved  hy  me  Senate^  the  Souse  concurring^  That  a  Committee 
of  three  be  appointed  (one  on  the  part  of  the  Senate  and  two  on 
the  part  of  the  House)  to  visit  the  State  Blind  Asylum  at  Yinton, 
BeoCon  county,  Iowa,  and  make  report  to  this  General  Assembly 
the  result  of  their  investigation. 

The  Senate  memorial  and  joint  resolution  asking  Congress  for  a 
ptint  of  lands  to  aid  in  the  construction  of  the  Iowa  and  Missouri 
State  Line  Railroad,  was  read  and  considered. 
•  Mr.  Tracy  moved  its  reference  to  the  Committee  on  Railroads. 

Mr.  Maxwell  moved  that  the  Railroad  Committee  be  instructed 
to  amend  the  joint  resolution  so  as  to  provide  that  if  Congress 
make  such  grant  of  land  to  so  donate  the  same  to  the  State  as  that 
the  State  shall  sell  the  same  and  pay  over  the  proceeds  to  the 
proper  Railroad  Company. 

Upon  the  adoption  of  these  instructions  the  yeas  and  nays  were 
demanded,  and  were  as  follows : 

The  yeas  were  Messrs.  Abbott,  Alcorn,  Barker,  Bahl,  Boomer, 
Brown  of  Madison,  Clark,  Comfort,  Crawford,  Darwin,  Dudley, 
Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gary,  Graves, 
Hand,  Joy,  Leffingwell,  Martin,  Maxwell,  McPherson,  McKean, 
Mills,  Palmer,  Poindexter,  Russell,  Safely,  Tracy,  Thorn,  Wilcox* 
Wright,  Wilson  of  Jackson,  Williams  of  "Winneshiek,  and  Mr. 
Speaker— 38. 

The  nays  were  Messrs.  Abernethy,  Ballinger,  Barnes,  Belt,  Ben- 
nett, Brown  of  Decatur,  Brown  of  Louisa,  Brown  of  Van  Buren, 
Burnett,  Carbee,  Close,  Conway,  Dashiel,  DeForest,  Garrett,  Gar- 
ber,  Glasgow,  Godfrey,  Goodrich,  Holmes.  Holden,  Huggins, 
Knapp,  Landes,  Linderman,  Lowden,  McLaugnlin,  Morgan,  Rogers, 
Bohlfs,  Runyan,  Ryan,  Sapp,  Serrin,  Sherman,  Sipple,  Thacner, 
Travis,  Tisdale,  Thomson,  van  Leuven,  West,  Wilson  of  Dubuque, 
Williams  of  Des  Moines — 44. 

Absent  or  not  voting,  Messrs.  Bereman,  Bolter,  Brown  of  Win- 
neshiek, Buck,  Gamble,  Gaylord,  Griffith,  Hale,  Huggins,  Knox, 
UcNatt,  McCullough,  O'Brien,  Olmstead,  Stockman,  Walden,  and 
Wilson  of  Marshall— 16. 

The  motion  to  instruct  the  Railroad  Committee  was  lost. 


19^  JOURNAL  OF  THE 

The  luotioa  to  refer  was  lost. 

The  memorial  and  joint  resolation  was  adopted. 

BILLS  OlS   8BOOND  BEADING. 

House  File  l^o.  79,  A  bill  for  an  act  to  amend  Section  799  of  the 
Revision  of  1860,  relating  to  registered  letters  containing  County 
Treasurer's  monthly  report  to  the  Auditor  of  State,  was  ordered  to 
be  engrossed  and  read  a  third  time. 

House  File  No.  62,  A  bill  for  an  act  to  amend  and  explanatory 
of  Section  1  of  Chapter  118  of  the  Acts  of  the  10th  General  As- 
sembly, approved  March  19,  1864,  together  with  the  substitute 
therefor  reported  by  the  Committee  on  the  Judiciary,  were  taken 
up. 

Mr.  Finkbine  offered  the  following  amendment  to  Sec.  2  of  the 
substitute : 

Provided^  That  on  loans  made  prior  to  Jan.  Ist,  1864,  the  rate 
of  interest  expressed  in  the  contract  shall  be  collected, 

Mr.  Close  moved  that  the  word  ^' Jan.  1st"  be  stricken  out  and 
"  April  27th  "  inserted  in  lieu  thereof. 

The  motion  prevailed. 

Mr.  lioo^ers  moved  to  amend  the  amendment  so  that  it  should 
read  as  follows,  to-wit : 

Provided^  That  all  loans  of  the  School  Fund  made  prior  to  April 
27,  1864,  and  still  outstanding,  shall,  from  and  after  tne  taking  ef- 
fect of  this  act,  draw  the  rate  of  interest  expressed  in  the  original 
contracts,  and  the  same  shall  be  collected  thereon. 

Mr.  Clark  moved  that  the  whole  subject  be  referred  to  a  select 
committee  of  three. 

The  motion  prevailed  and  the  Speaker  appointed  Messrs.  Clark, 
Finkbine  a^d  Kogers  as  such  Committee. 

Mr.  Martin,  by  leave,  presented  the  petition  of  Erich  Erichson 
and  sundry  other  citizens  of  Boone  county,  asking  the  State  to  re- 
sume all  the  lands  heretofore  granted  to  the  C.  K.  &  Mo.  B.  K 
Co.,  and  that  steps  be  taken  to  quiet  and  confirm  all  the  titles 
made  to  the  so-called  river  lands  by  the  State  to  actual  settlers,  &c. 

The  petition  was  referred  to  the  Committee  on  Kailroads. 

Mr.  Yan  Leuven  moved  that  the  House  do  now  adjourn  until  9 
A.  M.  to-morrow. 

The  motion  prevailed  and  the  House  adjourned. 


Hall  of  Houbb  of  Bbpsbsbntattvbs,  [ 
Des  Moines,  February  2,  1866.     ) 


House  met  pursuant  to  adjournment. 


HOUSE  OF  REPRBSENTATIVES.  197 

* 
Speaker  in  the  Chair. 
Prayer  by  Rev.  Mr.  Manly. 
Journal  of  yesterday  read  and  approved. 

MESSAGE  FBOM  THE  SENATE. 

The  following  message  was  received  from  the  Senate : 
Mr.  Spbaker: — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bill,  in  which  the  concar- 
renoe  of  the  House  is  asked : 

Senate  File  N*o.  44,  '*  A  bill  for  an  act  changing  the  corporate 
name  of  independent  school  district-townships." 

Also,  that  the  Senate  has  passed  the  House  resolution  relative  to 
the  distribntion  of  the  Supreme  Conrt  Reports,  with  the  following 
amendment:  by  striking  out  the  words,  "the  President,  Secretary, 
and  Clerks  of  the  Senate,  the  Clerks  of  the  House  of  Representa- 
tives, and  Reporters,  Post-masters,  and  Sergeant-at-Arms  of  this 
General  Assembly,"  and  by  inserting  the  words,  "  and  the  Presi- 
dent of  the  Senate;"  in  which  the  concurrence  of  the  House,  is 
respectfully  asked. 

J.  W.  DIXON,  Secretary. 
The  Committee  on  Enrolled  Bills  submitted  the  following  report : 
Mr.  Speaker  : — Your  Committee  on  Enrolled  Bills  have  exam- 
ined House  File  No.  81,  and  Senate  joint  resolution  in  relation  to 
the  binding  and  distribution  of  certain  public  documents,  find  the 
same  correctly  enrolled,  and  present  them  for  your  signature. 

Or.  J.  TISDALE,  Chairman. 

BILLS  OK  SECOND  BEADINO. 

House  File  Np.  112,  A  bill  for  an  act  limiting  the  value  of  home- 
steads exempt  from  execution,  was  taken  up  and  considered. 

Mr.  Hoiden  moved  that  the  bill  be  referred  to  a  select  committee 
of  five. 

Upon  this  question,  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yeas  were  Messrs.  Ballinger,  Barnes,  Bolter,  Brown  of  Mad- 
ison, Brown  of  Van  Buren,  Burnett,  Carbee,  Clark,  Close,  Com- 
fort, Conway,  Crawford,  DeForest,  Dudley,  Dwelle,  Fellows,  Fink- 
bine,  Flanders,  Fry,  Garrett,  Godfrey,  Graves,  Griffith,  Holmes, 
Hoiden,  Joy,  Knapp,  Martin,  McNutt,  McLaughlin,  McKean, 
Mills,  Morgan,  Poindexter,  Rogers,  Rohlfs,  Eunyan,  Ryan,  Safely, 
Sherman,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  West, 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winnesheik,  Mr.  Speaker— 52. 

The  nays  were  Messrs.  Abel'nethy,  Abbott,  Alcorn,  Bahl,  Belt, 
Bennett,  Boomer,  Brown  of  Decatur,  Brown  of  Louisa,  Darwin, 
Dashiel,  Emery,  Gay  lord,  Gary,  Garber,  Glasgow,  Goodrich,  Knox, 


198  JOURNAL  OP  THB 

Landes,  Linderman,  Lowdon,  Maxwell,  McPherson,  Paliner,  Rus- 
sell, Sapp,  Serrin,  Sipple,  Van  Leuven^  Wilcox,  Wright,  Wilson  of 
Dabnque — 32 

Absent,  not  voting,  Messrs.  Barker,  Bereman,  Brown  of  Winhe- 
sheik.  Buck,  Gamble,  Hale,  Hand,  Huggins,  Leflingwell,  McCul- 
lough,  O'Brien,  Ohnstead,  Stockman,  and  Walden — 14. 

So  the  bill  was  referred,  the  Chair  appointing  Messi'S.  Holden, 
Rogers,  McKean,  McNutt,  and  Wilson  of  Dubnque  as  such  com- 
mittee. 

.  House  File  No.  60,  A  bill  for  an  act  to  amend  Section  4220,  of 
Chapter  165,  of  the  Revision  of  1860,  was  taken  up,  considered, 
and  ordered  to  be  engrossed  and  read  a  third  time. 

By  leave,  Mr.  Finkbine  introduced  House  File  No.  139,  A  bill 
for  an  act  making  appropriation  for  postage  for  the  Eleventh  Gen- 
eral Assembly,  which  was  read  a  first  and  second  time. 

Mr.  Finkbine  moved  to  suspend  the  rule  and  read  the  bill  a 
third  time  now.     Carried. 

The  bill  was  read  a  third  time,  and  upon  the  question  "  shall 
the  bill  pass?  "  the  yeas  and  nays  were  as  follows: 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Barker,  Bahl,  Belt,  Bennett,  Boomer,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van 
Buren,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway,  Craw- 
ford, Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Fellows,  Fink- 
bine, Fry,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey, 
Goodrich,  Graves,  Griffith,  Holmes,  Holden,  Joy,  Knapp,  Landes, 
Leffingwell,  Linderman,  Lowdon,  Martin,  Maxwell,  McNutt, 
McLaughlin,  McKean,  Mills,  Morgan,  Palmer,  Poindexter,  Rogers, 
Rohlfs,  Runyan,  Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Van 
Leuven,  West,  Wilcox,  Wright,  Williams  of  Des  Moines,  Wil- 
son of  Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr. 
Speaker — 81. 

In  the  negative,  Mr.  Wilson  of  Dnbuque — 1. 

Absent  or  not  voting,  Messrs.  Bereman,  Brown  of  Winne- 
shiek, Buck,  Darwin,  Flanders,  Gamble,  Hale,  Hand,  Hughes, 
Knox,  .McPherson,  McCullough,  O'Brien,  Ohnstead,  Stockman, 
and  Walden— 16. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  File  No,  93,  A  bill  for  an  act  to  amend  an  act  entitled 
Section  15i5,  of  Chap^ier  61,  the  Code  1860,  an  act  that  sheep  and 
swine  shall  not  be  free  commoners,  was  taken  up  and  considered. 

Mr.  Comfort  moved  that  the  bill  be  indefinitely  postponed. 

The  motion  to  indefinitely  postpone  prevailed. 

House  File  No.  106,  A  bill  for  an  act  to  pay  bounty  upon  the 
scalps  of  certain  wild  animals,  was  taken  up  and  considered. 

Mr.  Russell  moved  that  the  last  section,  providing  for  immedi- 
ate publication  be  stricken  out. 


HOUSE  OP  RBPRBSENTATIVBa  199 

The  motion  prevailed. 

Mr.  Joj  moved  that  two  dollars  in  the  eecond  section  be  stricken 
oat,  and  one  dollar  inserted. 

The  motion  prevailed. 

Mr.  McKean  submitted  the  following  amendment : 

Provided^  That  any  dog  which  has  oeen  engaged  in,  or  aided 
and  abetted  in  biting  or  worrying  any  sheep  or  lamb,  shall  be 
treated,  held  and  considered  a  woli  within  the  scope  and  provisions 
of  this  act 

The  amendment  was  lost. 

Mr.  Joy  moved  that  "  one  dollar  "  be  stricken  out  and  "  fifty 
cents"  inserted  in  lieu  thereof. 

The  motion  to  amend  was  adopted. 

The  bill  was  ordered  to  bo  engrossed  and  read  a  third  time. 

Mr.  Barker  moved  that  the  House  do  now  adjourn  until  to-mor- 
rovat  9  o'clock  A.  M. 

Mr.  Burnett  moved  that  "  9  A.  M.  to-morrow  "  be  stricken  out, 
and  "  2  o'clock  P.  M.  to-day  "  inserted  in  lieu  thereof. 

Upon  this  question  Messrs.  Goodrich  and  Burnett  demanded  the 
jeaii  and  nays,  which  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Bahl,  Boomer,  Brown 
of  Decatur,  Brown  of  Louisa,  Burnett,  Close,  Emery,  Garber, 
Goodrich,  Graves,  Holden,  Landes,  Martin,  McLaughlin,  Morgan, 
Safely,  Serrin,  Sipple,  Travis,  Tisdale,  Wright,  and  Wilson  of 
Dubuque — 24. 

The  nays  were  Messrs.  Abbott,  Barnes,  Barker,  Belt,  Bennett, 
Bolter,  Brown  of  Madison,  Brown  of  Van  Buren,  Carbee,  Com- 
fort, Crawford,  Darwin,  Dashiel,  Dudley,  Dwelle,  Finkbine,  Flan- 
ders, Fry,  Gaylord,  Gary,  Garrett,  Glasgow,  Godfrey,  Griffith, 
Holmes,  Joy,  I^napp,  Leffingwell,  Linderman,  Lowdon,  Maxwell, 
McPherson,  McNutt,  McKean,  Mills,  Palmer,  Poindexter,  Kogers, 
Rohlfs,  Rnnyan,  Knssell,  Ryan,  Sapp,  Sherman,  Tracy,  Thacher, 
Thomson,  Thorn,  Van  Leuven,  West,  Williams  of  Des  Moines, 
Wilson  of  Jackson,  Wilsou  of  Marshall,  Williams  of  Winneshiek, 
and  Mr.  Speaker— 55. 

Absent  or  not  voting,  Messrs.  Ballinger,  Bereman,  Brown  of 
Winneshiek,  Buck,  Clark,  Conway,  De  Forest,  Fellows,  Gamble, 
Hale,  Iland,  Huggins,  Knox,  McCuUough,  O'Brien,  Olmstead, 
Stockman,  Walden,  and  Wilcox — 19. 

The  amendment  was  lost. 

The  motion  to  adjourn  until  to-morrow  at  9  o'clock  was  adopted, 
and  the  House  adjourned. 


200  JOURNAL  OF  THE 


Hall  of  the  House  op  Representatives,  i 
Des  Moines,  Febroary  3, 1866.      j 

House  met  pursuant  to  adjournment 

Speaker  in  the  chair. 

Prayer  by  Rev.  D.  L.  Hughes. 

Journal  of  yesterday  read  and  approved. 

MESSAGE  FBOM  THE  SENATE. 

The  following  message  was  received  from  the  Senate  : 

Mr.  Speaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bills,  in  which  the  con- 
currence of  the  House  is  asked. 

Substitute  for  Senate  File  No.  7,  A  bill  for  an  act  providing 
dockets  for  Justices  of  the  Peace. 

Senate  File  No.  30,  A  bill  for  an  act  for  the  relief  of  D.  B. 
Hillis. 

Substitute  for  Senate  File  No.  10,  A  bill  for  an  act  to  award 
costs  against  private  prosecutors  on  preliminary  examinations  in 
criminal  cases. 

Substitute  for  Senate  File  No.  76,  A  bill  for  an  act  to  repeal  part 
of  Section  262,  of  Chapter  22  of  Revision  of  1860,  relating  to  the 
time  of  holding  County  Courts. 

JAMES  M.  WE  ART,  Ass't  Secretary. 

BILLS  ON  SECOND  READING.  1^ 

.  House  File  No.  90,  A  bill  for  an  act  to  amend  Section  10,  of 
Chapter  22,  of  the  acts  of  Tenth  General  Assembly,  was  taken  up 
and  considered. 

The  House  refused  to  concur  in  the  report  of  the  Committee  on 
the  Judiciary  recommending  the  indeiinite  postponement  of  the 
bill. 

The  bill  was  ordered  to  be  engrossed  and  read  a  third  time. 

House  File  No.  102,  A  bill  for  an  act  in  relation  to  the  manner 
of  conveying  lands  to  the  McGregor  Western  Railroad  Company, 
was  taken  up  and  considered  and  made  a  special  order  for  Wed- 
nesday next  at  10  A.  M.,  February  7th. 

MESSAGE   FROM   THE    SENATE. 

I 

The  following  message  was  received  from  the  Senate : 

Mr.  Speaker: — I  am  directed  to  inform  your  honorable  body 

that  the  Senate  has  passed  the  following  bill  without  amendment: 
House  File  No.  139,  A  bill  tor  an  act  making  appropriation  for 

postage  for  the  Eleventh  General  Assembly. 

JAMES  M.  WEART,  Ass't  Secretary. 


HOUSE  OP  HEPRESENTATIVES.  201 

Hoase  File  No.  50,  A  bill  for  an  act  to  amend  an  act  entitled 
^  Eailroad  GompaDies,''  was  taken  up  and  considered. 

Mr.  Morgan  moved  that  the  bill  be  indefinitely  postponed. 

Mr.  Dudley  moved  to  refer  to  Committee  on  Commerce. 

Mr.  Finkbine  moved  to  amend  by  stalking  out  "Commerce" 
and  inserting  "Railroads."     Lost.  • 

Mr.  Dudley's  motion  was  lost ;  and  upon  the  question,  "  Shall 
the  bill  be  indefinitely  postponed?"  the  yeas  and  nays  were  de- 
manded, and  were  as  follows :  ' 

The  yeas  were  Messrs.  Abbott,  Ballinger,  Barnes,  Belt,  Bennett, 
Brown  of  Decatur,  Brown  of  Yan  Buren,  Burnett,  Carbee,  Clark, 
Close,  Comfort,  Conway,  Darwin,  Dashiel,  Fry,  Gary,  Garrett, 
Garber,  Glasgow,  Godfrey,  Griffith,  Holmes,  Holden,  Joy,  Knapp, 
Lowdon,  Martin,  Maxwell,  McPherson,  McLaughlin,  Mills,  Mor- 
gan, Palmer,  Poindexter,  Rogers,  Runyan,  Russell,  Ryan,  Sapp, 
Safely,  Sherman,  Sipplo,  Thacher,  Travis,  Thomson,  Van  Leuven, 
West,  Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of 
Jackson,  Wilson  6f  Marshall,  Williams  of  Winnesheik — 63. 

The  nays  were  Messrs.  Abernethy,  Alcorn,  Barker,  Bahl,  Boomer, 
Brown  of  Louisa,  Brown  of  Madison,  Crawford,  DeForest,  Dud- 
ley, Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Graves,  Hug- 
flns,  Landes,  Leffingwell,  Linderman,  McKean,  Rohlfs,  Serrin, 
racy,  Tisdale,  Thorn,  Wilcox,  Wright,  Mr.  Speaker— 29. 

Absent  or  not  voting,  Messrs.  Bereman,  Bolter,  Brown  of  Win- 
nesheik, Buck,  Gamble,  Gaylord,  Goodrich,  Hale,  Hand,  Knox, 
McXutt,  McCuUough,  O'Brien,  Olmstead,  Stockman,  Walden — 16. 

So  the  bill  was  indefinitely  postponed. 

House  File  No.  123,  A  bill  for  an  act  to  amend  Sec.  1  of  Chap. 
25,  of  the  laws  of  the  extra  session  of  the  9th  General  Assembly, 
was  taken  up  and  considered,  and  ordered  to  be  engrossed  and  read 
a  third  time. 

Senate  File  No.  36,  A  bill  for  an  act  to  legalize  the  articles  of 
incorporation  of  the  Norwegian  Luther  College,  of  Decorah,  Iowa, 
was  taken  up  and  considered,  and  ordered  to  be  read  a  third  time. 

House  File  No.  132,  A  bill  for  an  act  to  provide  for  the  appoint- 
ment of  Private  Secretary  to  the  Governor,  and  requiring  mm  to 
give  bonds,  was  taken  up  and  considered. 

Mr.  Maxwell  moved  to  strike  out  $10,000,  and  insert  25,000. 

Mr.  Rogers  moved  to  refer  to  a  select  committee  of  three.  Car- 
ried. 

The  following  members  were  appointed  as  such  committee,  and 
the  bill  so  referred,  viz :    Messrs.  Kogers,  McNutt,  and  Sherman. 

BILI^  ON  THIRD  BEADING. 

Honse  File  No.  100,  A  bill  for  an  act  providing  for  the  distribu- 
tion of  the  Adjutant  General's  Report  of  1864  and  1865,  was  read 
26 


202  JOURNiiL  OF  THB 

a  third  time,  and  upon  the  question  ^' Shall  the  bill  pasa?^'  the  yeas 
and  naj8  were  as  follows : 

The  yeas  were  Messrs.  Abemethy,  Abbott,  Alcorn,  Ballinger, 
Barker,  Belt,  Bennett,  Boomer,  Bolter,  Brown  of  Decatur,  Brown 
of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Burnett,  Car- 
bee,  Clark,  Close,  Comfort,  Conway,  Crawford.  Darwin,  Dashiel, 
DeForest,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders, 
Frv,  Gay  lord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Good- 
rich, Graves,  Griffith,  Holmes,  Holden,  Huggins,  Joy,  Knapp, 
Landes,  Leffingwell,  Linderman,  Lowdou,  Maxwell,  McPhersoo, 
McNutt,  McLaughlin,  McKean,  Mills,  Morgan,  Palmer,  Poindexter, 
Bogers,  Boblfs,  Bnnyan,  Russell,  Ryan,  Sapp,  Safely,  Serrin, 
Shdrman,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson, 
Thorn,  Van  Leuven,  Webt,  Wilcox,  Wright,  Wilson  of  Dnbuque, 
Williams  of  Des  Moines,  Wilson  o\'  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  and  Mr.  Speaker — 84. 

The  nays  were  none. 

Absent  or  not  voting,  Messrs.  Bahl,  Beremen,  Brown  of  Winne- 
shiek, Buck,  Gamble,  Hale,  Hand,  Enox,  Martin,  McCullougb, 
O'Brien,  Olmstead,  Stockman,  and  Walden — 14. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  File  No.  99,  A  bill  for  an  act  for  the  relief  of  George 
Higley,  of  Dubuque,  Iowa,  was  read  a  third  time. 

And  upon  the  question  '*•  Shall  the  bill  pass  ?  "  the  yeas  and  nays 
were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Ballinger,  Barnes,  Belt, 
Bennett,  Boomer,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa, 
Brown  of  Madison,  Brown  of  Van  Buren,  Burnett,  Carbee.  Clark, 
Close,  Comfort,  Conway,  Crawford,  Darwin,  Dashiel,  Dudley, 
Dwelle,  Fellows,  Flanders,  Gaylord,  Gary,  Garber,  Glasgow,  God- 
frey, Goodrich,  Graves,  Griffith,  Holmes,  Holden,  Huggins,  Joy, 
Knapp,  Landes,  Leffingwell,  Linderman,  Lowdon,  Martin,  Max- 
well, McPherson,  McNutt,  McLaughlin,  McKean,  Morgan,  Palmer, 
Poindexter,  Rogers,  Rohlfs,  Runyan,  Russell,  Ryan,  Safely,  Ser- 
rin, Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Van 
Leuven,  West,  Wilcox,  Wright,  Wilson  of  Dubuque,  Williams  of 
Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Winneshiek,  Mr.  Speaker — 75.     s 

The  nays  were  Messrs.  Abbott,  Bahl,  Emery,  Fry,  Garrett, 
Mills,  Sherman — ^. 

Absent  or  not  voting,  Messrs.  Barker,  Bereman,  Brown  of  Win- 
neshiek, Buck,  DeForest,  Finkbine,  Gamble,  Hale,  Hand,  Knox, 
McCullough,  O'Brien,  Olmstead,  Sapp,  Stockman,  and  Walden — 16. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  Committee  on  Engrossed  Bills  submitted  the  following  re- 
port: 

Mb.  Speakbb  : — Your  Committee  on  Engrossed  Bills  ask  leave 
to  report  that  they  have  examined  the  following  bills : 


HOUSE  OF  REPRESENTATIVES.  •  203 

House  File  No.  63,  A  bill  for  ,an  act  to  secure  to  certain  persons 
residents  of  Harrison  county,  their  homes  at  the  price  of  $1.25  per 
acre,  of  land  known  as  the  excess  of  500,000  grant. 

Also,  House  File  No.  66,  A  bill  for  an  act  to  provide  for  the  dis- 
tribution of  the  Adjutant-General's-Report  of  Jan.  1st,  1866. 

Also,  House  File  No.  103,  A  bill  for  an  act  fixing  the  salaries 
of  District  and  Supreme  Judges.  And  find  the  same  correctly  en- 
grossed. 

L.  DWELLE,  Chairman. 

The  Committee  on  Enrolled  Bills  submitted  the  foriowing  report: 

The  Committee  on  Enrolled  Bills  has  examined  House  File  No. 
139,  find  it  correctly  enrolled,  and  present  the  same  for  your  sig- 
natnre. 

G.  J.  TISDALE. 

Sobstitute  for  House  File  Nos.  41  and  35,  was  read  a  third  time, 
and  upon  the  question  ^^  shall  the  bill  pass  ? "  the  yeas  and  nays 
were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Bahl,  Belt,  Bennett,  Boomer,  Bolter,  Brown  of  Decatur, 
Brown  ot  Louisa,  Brown  of  Madison,  Brown  of  Van  Bureu,  Burnett, 
Carbee,  Clark,  Close,  Comfort,  Conway ,'Crawford,  Darwin, Dashiel, 
DfcForefet,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders, 
Fry,  Qaylord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Goodrich, 
Graves,  GrifiSth,  Holmes,  Holden,  Huggins,  Joy,  Knapp,  Landes, 
Leffingwelh  Lindermau,  Lowdon,  Martin,  Maxwell,  McPherson, 
ifcNutt,  McLaughlin,  McKean,  Mills,  Morgan,  Palmer,  Poin- 
dexter,  Rogers,  Kohlfs,  Rnnyan,  Russell,  Ryan,  Sapp,  Safely, 
Serrin,  Sherman,  Sipple,  Thacher,  Travis,  Tisdale,  Thomson, 
Thorn,  Van  Leuven,  West,  Wilcox,  Wright,  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 84. 

The  nays  were,  none. 

Absent  or  not  voting,  Messrs.  Barker,  Bereman,  Brown  of  Win- 
neshiek, Buck,  Gamble,  Hale,  Hand,  Knox,  McCullough,  O'Brien, 
Olmetead,  Stockman,  Tracy,  and  Walden — 14. 

So  the  bill  passed,  and  the  title  was  agreed  to. 

House  File  No.  63,  A  bill  for  an  act  to  secure  to  certain  persons, 
residents  of  Harrison  county,  their  homes  at  the  price  of  $1.26  per 
acre,  of  lands  known  as  the  excess  500,000  acre  grant,  was  read  a 
third  time,  and  upon  the  question  ^'  Shall  the  bill  pass  ? "  the  yeas 
Mid  nays  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Bahl,  Belt,  Bennett,  Boomer,  Bolter,  Brown  of  Louisa, 
Brown  of  Madison,  Brown  of  Van  Bnren,  Burnett,  Carbee,  Clark, 
Close,  Comfort,  Conway,  <3rawfcrd,  Darwin,  Dashiel,  De  Forest, 
Dadley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gay- 
lord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Goodrich,  Graves, 
Griffith,  Holmes,  Holden,  Huggins,  Joy,  Knapp,  Landes,  Leffing- 


204  JOURNAL  OP  THE 

well,  Linderman,  Lowdon,  Martin,  Maxwell,  McNntt,  McKean, 
Mills.  Morgan,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Runyan,  Ras- 
eell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher, 
Travis,  Tisdale,  Thomson,  Thorn,  Van  Lenven,  West,  "Wilcox, 
Wright,  Wilson  ot  Dnbuqiie,  Williams  of  Des  Moines,  Wilson  of 
Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek,  and  Mr. 
Speaker— 82. 

The  nays  were  none. 

Absent  or  not  voting,  Messrs.  Barker,  Bereman,  Brown  of  Dec^- 
tnr,  Brown  of  Winneshiek,  Buck,  Gamble,  Hale,  Hand,  Knox,  Mo- 
Pherson,  McCullough,  McLaughlin,  O'Brien,  Olmstead,  Stockman, 
and  Walden— 16. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  File  No.  6,  A  bill  for  an  act  to  provide  for  the  distribution 
of  tho  Adjutant  GeneraPs  Report  of  January,  1866,  was  read  a 
third  time. 

Mr.  Darwin  asked  and  obtained  unanimous  consent  to  amend 
the  bill  so  as  to  provide  that  five  copies  of  the  Adjutant  Generars 
Report  shall  be  sent  to  each  branch  of  the  Iowa  Soldiers'  Orphans' 
Home. 

Mr.  Maxwell  moved  the  reference  of  the  bill  to  the  Committee 
on  the  Library. 

The  motion  prevailed. 

House  File  ]N  o.  103,  A  bill  for  an  act  fixing  the  salaries  of  the 
District  and  Supreme  Judges,  was  read  a  third  time. 

Mr.  Russell  moved  that  tlie  bill  be  recommitted  to  the  Committee 
on  the  Compensation  of  Public  Officers,  with  instructions  to  strike 
out  of  Section  1  '*  $2,000,"  and  insert  '>  $1,800." 

Mr.  Sapp  moved  to  add  to  the  instructions  that  the  Committee 
shall  make  a  proportionate  reduction  on  the  salaries  of  the  Supreme 
Judges. 

The  amendment  did  not  prevail. 

Upon  the  motion  Vj  recommit,  the  yeas  and  nays  were  demanded 
and  were  as  follows  t 

The  yeas  were  Messrs.  Alcorn,  Barnes,  Bahl,  Bolter,  Brown  of 
Decatur,  Brown  of  Louisa,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Dwelle,  Fellows,  Flanders,  Frv,  Qaylord,  Gary,  Garrett,  Goodrich, 
Graves,  Griffith,  Knapp,  Landes,  Lowdon,  Martin,  Maxwell,  Mc- 
Nutt,  McKean,  Mills,  Morgan,  Poindexter,  Russell, Thacher,  Travis, 
Thomson,  West,  Wilcox,  Wright,  Williams  of  Des  Moines,  Williams 
of  Winneshiek,  Mr.  Speaker — 41. 

The  nays  were  Messrs.  Abernethy,  Abbott,  Ballinger,  Belt, 
Bennett,  Boomer,  Brown  of  Madison,  Brown  of  Van  Buren,  Bur- 
nett, Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Emery,  Fink- 
bine,  Garber,  Glasgow,  Godfrey,  Holmes,  Holden,  Huggins,  Joy, 
Leffingwell,  Linderman,  McPherson,  McLaughlin,  Palmer,  Rogers, 
Rohlfs,  Runyan,  Ryan.  Sapp,  Safely,  Serrin,  Sherman,  Tracy,  Tis- 
dale, Thorn,  Van  Leuven,  Wilson  of  Jackson,  Wilson  of  Mar- 
shall—42. 


HOUSE  OP  REPBETSENATIYES.  205 

Absent  or  not  votiog^  Messrs.  Barker,  Bereman,  Brown  of  Win- 
neshiek, Back,  Gamble,  Hale,  Hand,  Knox,  McOallough,  O^Brien, 
Olmstead,  Sipple,  Stockman,  Walden,  Wilson  of  Dubuque — 15. 

The  motion  to  recommit  was  lost. 

Mr.  Sapp  moved  a  call  ot  the  House,  which  was  ordered  and  the 
roll  of  members  was  called  with  the  following  result : 

Absent  and  not  excused,  Mr.  Barker. 

Mr.  Eussell  moved  that  further  proceedings  under  the  call  be 
dispensed  with. 

The  motion  prevailed. 

Mr.  Sapp  moved  that  farther  action  upon  the  bill  be  postponed 
Qotil  next  Monday  at  10  A.  M. 

The  motion  to  postpone  was  lost. 

Upon  the  qaestion  ^'  Shall  the  bill  pass  ? "  the  yeas  and  nays 
were  as  follows : 

The  yeas  were  Messrs.  Abbott,  Belt,  Bennett,  Boomer,  Brown 
of  Madison,  Brown  of  Van  Buren,  Burnett,  Conway,  Crawford, 
Dashiel,  DeForest,  Dudley,  Emery,  Finkbine,  Garber,  Godfrey, 
Holmes,  Holden,  Huggins,  Joy,  Lefiingwell,  Linderman,  Maxwell, 
]i[cPherson,  McLaughlin,*  Palmer,  Eogers  Kohlfs,  Buuyan,  Kyan, 
Serrin,  Sherman,  Tracy,  Tisdale,  Thomson,  Thorn,  Van  Leuven, 
Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Jackson, 
Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 4:3. 

The  nays  were  Messrs.  Abernethy,  Alcorn,  Ballinger,  Barnes, 
Bahl,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Carbee,  Clark, 
Close,  Comfort,  Darwin,  Dwelle,  Fellows,  Flanders,  Fry,  Gay- 
lord,  Gary,  Garrett,  Glasgow,  Goodrich,  Graves,  Griffith,  Knapp, 
Landes,  Lowdon,  Martin,  McNutt,  McKean,  Mills,  Morgan,  Foin- 
dexter,  Eussell,  Sapp,  Safely,  Thacher,  Travis,  West,  Wilcox, 
ffright— 41. 

Absent  or  not  voting,  Messrs.  Barker,  Bereman,  Brown  of  Win- 
neshiek, Buck,  Gamble,  Hale,  Hand,  Knox,  McOuUough,  O'Brien, 
Olmstead,  Sipple,  Stockman,  and  Walden — 14. 

So  the  bill  failed,  not  having  received  a  Constitutional  majority. 

Mr.  Sapp  moved  that  the  vote  by  which  the  bill  was  lost  be 
reconsidered. 

Mr.  Russell  moved  that  the  motion  to  reconsider  be  laid  upon 
the  table. 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Ballinger,  Barnes, 
Bahl,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Carbee,  Clark, 
Close,  Comfort,  Dwelle,  Fellows,  Flanders,  Gaylord,  Gary,  Garrett, 
Goodrich,  Graves,  Griffith,  BTnapp,  Landes,  Lowdon,  Martin,  Mc- 
Pherson,  NcNutt,  McKean,  Mills,  Morgan,  Poindexter,  Russell, 
Travis,  West,  Wilcox,  Wright— 37. 

The  nays  were  Messrs.  Abbott,  Belt,  Bennett,  Boomer,  Brown  of 
iUdison,  Brown  of  Yan  Buren,  Burnett,  Conway,  Crawford,  Dar- 


206  JOURNAL  OF  THE 

win,  Dashiel,  DeForest,  Dudley,  Emery,  Finkbine,  Garber,  Glas- 
gow, Godfrey,  Holmes,  Holden,  Joy,  Kdox,  Leffiiiffwell,  Linder- 
man.  Maxwell,  McLanghlin,  Palmer,  Kogers,  Uonlfs,  Bunyan, 
Byan,  Sapp,  Safely,  Serrin,  Sherman,  Tracy,  Thacher,  Tiedale, 
Thomson,  Thorn,  Van  Lenven,  "Wilson  of  Dubuqae,  Williams  of 
Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Winnesheik,  Mr.  Speaker — 47. 

Absent  or  not  voting,  Messrs.  Barker,  Bereman,  Brown  of  Win 
nesheik.  Buck,  Gamble,  Hale,  Hand,  Hnggins,  McCuUongh, 
O'Brien,  Olmstead,  Sipple,  Stockman,  and  Walden — 14. 

The  motion  to  lay  upon  the  table  did  not  prevail. 

Mr.  Sapp  moved  that  the  consideration  of^  the  motion  to  recon- 
sider be  postponed  iintil  Monday  next  at  10  o'clock  A.  M. 

Upon  this  motion  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yeas  were  Messrs.  Abbott,  Ballinger,  Belt,  Bennett,  Boomer, 
Brown  of  Lbnisa,  Brown  of  Madison,  Brown  of  Van  Baren,  Bur- 
nett, Conway,  Crawford,  Darwin,  Dashiel,  DeForest,  Dudley, 
Emery,  Finkbine,  Flanders,  Garber,  Glasgow,  Godfrey,  Griffith, 
Holmes,  Holden,  Hus^gins,  Joy,  Landesf  LeffingwoU,  Linderman, 
Maxwell,  McLanghlin,'  Morgan,  Palmer,  Foindexter,  Rogers, 
Rohlfs,  Runyan,  Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple, 
Tracy,  Tisdale,  Thomson,  Thorn,  Van  Letiven,  Wilson  of  Dn- 
bnque,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of 
Marshall,  Mr.  Speaker — 53. 

The  nays  were  Messrs.  Abemethy,  Alcorn,  Barnes,  Bahl,  Bol- 
ter, Brown  of  Decatur,  Carbee,  Clark,  Close,  Comfort,  Dwelle, 
Fellows,  Fry,  Gaylord,  Gary,  Garrett,  Goodrich,  Graves,  Knapp, 
Lowdon,  Martiu,  McPherson,  McNutt,  McKean,  Mills,  Russell, 
Thacher,  Travis,  West,  Wilcox,  Wright,  Williams  of  Winneshiek 
—82. 

Absent  or  not  voting,  Messrs.  Barker,  Bereman,  Brown  of  Win- 
neshiek, Buck,  Gamble,  Hale,  Hand,  Knox,  McCnllough,  O'Brien, 
Olmstead,  Stockman,  Walden — 13. 

So  the  motion  to  postpone  nntil  Monday  next  at  10  o'clock  A. 
M.  was  adopted. 

Mr.  Mills  moved  that  the  House  do  now  adjourn  nntil  10  o'clock, 
A.  M.,  on  Monday  next. 

Mr.  Close  moved  to  amend  by  striking  out  ^'  10,"  and  insert- 
inff  "9."    Lost. 

The  motion  to  adjourn  nntil  Monday  next  at  10  A.  M.,  was 
adopted,  and  so  the  House  adjourned. 


HOUSE  OF  RBPBESENTATlVEa  207 


Hall  of  the  Hotjbk  of  Representatives,  i 

Des  Moines,  Feb.  5,  1866.      \ 

House  met  parsnant  to  adjonrDtnent. 
Speaker  in  the  Chair. 
Prayer  by  Rev.  D.  L.  Hughes. 
Journal  of  Saturday  read  and  approved. 

KESSAGB   FKOM  THE   SENATE. 

The  following  message  was  received  from  the  Senate  : 

Mr.  Speaker  : — I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  passed  the  following  bill,  in  which  the  concur- 
Fence  of  the  House  is  asked  : 

Senate  File  No.  78,  A  bill  for  an  act  amending  Section  7,  of 
Chapter  172  of  the  Acts  of  the  Ninth  General  Assembly,  relating 
to  school  district  township  loeetings. 

I  also  return  herewith,  House  concurrent  resolution  relative  to 
additional  mail  facilities  from  Des  Moines  to  Grove  City  in  Cass 
connty. 

Also,  a  resolution  inviting  John  B.  Gough  to  lecture  before  the 
General  Assembly  and  citizens  of  Des  Moines,  the  same  having 
passed  the  Senate  without  amendment. 

I  am  further  directed  to  inform  yon  that  Senator  Eoss  has  been 
appointed  a  member  on  the  part  of  the  Senate  of  Joint  Committee 
to  visit  the  Insane  Asylum,  and  that  Senator  Powers  has  been  ap- 
pointed a  member  on  the  part  of  the  Senate  of  Joint  Committee  to 
visit  the  Agricultural  College  and  Farm. 

JAMES  M.  ^VEART,  Asst.  Secretary. 

Mr.  Glasgow  asked  leave  of  absence  for  Mr.  Holmes  for  ten  days, 
which  was  granted. 

Mr.  Darwin  asked  leave  of  absence  for  Mr.  Conway  for  two  days, 
which  was  granted. 

Mr.  Sherman,  by  leave,  presented  the  following  report  from  the 
Committee  on  Eailroads: 

I  am  instructed  by  the  Committee  on  Railroads  to  return  to  the 
House  the  petitions,  memorials,  bills,  and  other  papers  heretofore* 
referred  to  it,  and  ask  their  reference  to  appropriate  Committees. 
A  due  respect  to  the  House  demands  a  statement  of  the  reasons 
that  have  prompted  the  Committee  to  this  course. 

After  the  organization  of  this  body,  all  papers  having  reference 
to  railroads,  covering  the  entire  scope  of  subjects  coming  within 
the  purview  of  such  Committees,  were  referred  to  our  Committee. 
Before  time  was  given  it  to  mature  business,  and  bring  it  in  proper 
shape  for  report,  the  House  added  to  the  list  of  Standing  Commit- 
tees a  new  one,  called  the  Committee  on  Commerce,  to  which  has 
been  referred,  from  time  to  time,  by  decided  votes,  bills  and  peti- 


208  JOURNAL  OF  THB 

tions  relating  directly  to  important  subjects  heretofore  considered 
exclusively  in  the  province  of  onr  Committee,  other  papers  on  the 
same  same  subjects  bein^  already  before  us  by  proper  reference. 
We  cannot  believe  that  it  was  the  intention  of  the  House  to  re- 
quire two  of  its  Standing  Committees  to  consider  and  act  upon  the 
same  subjects  at  the  same  time.  Such  a  course  would  devolve  use- 
less labor  upon  the  Committees,  and  might  lead  to  canflicting  re- 
sults and  reports,  tending  to  embarrass  legislation  and  resulting  in 
no  good  to  any  one.  We  are  at  a  loss  to  understand  whether  in 
the  creation  of  the  Committee  on  Commerce,  it  was  the  intention 
of  the  House  to  dispense  altogether  with  the  Kailroad  Committee, 
or  to  divide  the  business  usually  in  the  province  of  that  Committee 
between  the!  two,  and  if  the  latter  inference  is  correct,  to  determine 
the  dividing  line  of  duty  of  the  two  Committees. 

I  therefore  respectfully  ask,  on  the  part  of  the  Committee,  that 
the  House  will  take  such  action  on  the  papers  herewith  returned, 
as  will  enable  us  to  discharge  our  duties,  without  trespassing  upon 
subjects  in  charge  of  another  Committee. 

SHERMAN,  Chairman. 

Mr.  Finkbine  moved  to  recommit  all  matters  referred  to  in  the 
report  of  the  Railroad  Committee  to  the  same  Committee,  except 
those  relating  to  the  subject  of  tariffs,  which  should  be  referred  to 
the  Committee  on  Commerce,  and  those  relating  to  taxation,  to  the 
Committee  on  Ways  and  Means. 

Mr.  Hale  moved  to  amend  by  providing  that  the  whole  matter 
should  be  referred  back  to  the  Committee  on  Railroads. 

The  amendment  was  lost. 

The  motion  of  Mr.  Finkbine  was  adopted,  and  the  papers  were 
so  referred. 

Mr.  Wilson,  of  Dubuque,  asked  to  be  excused  from  serving  on 
the  Committee  on  Railroads,  which  request  was  refused  by  the 
House. 

Mr.  Rogers  asked  that  Mr.  Wilson,  of  Marshall,  be  added  to  the 
Committee  on  Schools,  which  request  was  granted. 

SPECIAL   ORDER. 

,  The  special  order  for  10  A.  M.,  this  day,  being  the  resolution  of 
Mr.  Brown,  of  Van  Buren,  relating  to  a  change  in  county  govern- 
ment, was  taken  up. 

Mr.  Russell  moved  that  it  be  laid  upon  the  table. 

The  motion  prevailed. 

Mr.  Sapp  moved  that  the  motion  to  reconsider  the  vote  by  which 
the  bill  fixing  the  salaries  of  the  Supreme  and  District  Judges  was 
lost,  be  now  taken  up. 

The  motion  prevailed. 

The  motion  to  reconsider  was  also  adopted. 
;^  Mr.  Sapp  moved  that  the  bill  be  recommitted  to  the  Committee 


HOUSE  OF  REPRESENTATIVES.  209 

on  the  Compensation  of  Public  Officers,  with  instractions  to  report 
a  bill  providing  that  the  salaries  of  the  District  Jadges  shall  be 
iixed  at  the  sum  of  $1800  and  those  ot.  the  Sapreme  Court  at 
$2300. 

Mr.  Rogers  moved  to  strike  out  the  instructions. 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yea^  were  Messrs.  Ballinger,  Barnes,  Barker,  Belt,  Bennett, 
Boomer,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Brown  of 
Van  Buren,  Brown  of  Winnesheik,  Burnett,  Darwin,  Dashiel,  De- 
Forest,  Dudley,  Emery,  Finkbine,  Flanders,  Garber,  Glasgow, 
Godfrey,  Hale,  Holmes,  Holden,  Iluggins,  Joy,  Leffingwell,  Mc- 
Culloiigh,  McLaughlin,  Morgan,  Rogers,  Rohlfs,  Runyan,  Ryan, 
Safely,  Serrin,  Sherman,  Tracy,  Tisdale,  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  ot  Jackson,  Wilson  of  Marshall 

The  nays  wore  Messrs.  Abernethy,  Abbott,  Alcorn,  Bahl,  Brown 
of  Madison,  Carbee,  Clark,  Close,  Comfort,  Crawford,  Dwelle, 
Fellows,  Fry,  Gaylord,  Gary,  Garrett,  Goodrich,  Graves,  Griffith, 
Knapp,  Landes,  Linderman,  Lowdon,  Martin,  Maxwell,  McPher- 
son,  McNutt,  McKean,  Mills,  Palmer,  Poindexter,  Russell,  Sapp, 
Sipple,  Thacher,  Travis,  Thomson,  Thorn,  Van  Lenven,  West, 
Wilcox,  Wright,  Williams  of  Winnesheik,  Mr.  Speaker — 44. 

Absent  or  not  voting,  Messrs.  Bereman,^uck,  Conway,  Gamble, 
Hand,  Knox,  O'Brien,  Olmstead,  Stockman,  and  Walden — 10. 

So  the  House  refused  to  strike  out  the  instructions. 

Mr.  Rogers  moved  to  amend  by  striking  out  $2,300,  and  insert- 
ing in  lieu  thereof  $2,600. 

Mr.  Mills  moved  to  amend  the  amendment  by  striking  out 
$2,500,  and  inserting  in  lieu  thereof  $2,000. 

Upon  this  question  the  yeas  and  nays  were  demanded  and  were 
as  follows : 

The  yeas  were  Messrs.  Alcorn,  Bolter,  Brown  of  Decatur, 
Brown  of  Winneshiek,  Carbee,  Comfort,  Fellows,  Fry,  Garrett, 
Ljwdon,  Martin,  McKean,  Mills,  Russell,  Travis,  Wright — 16. 

The  nays  were  Messrs.  Abernethy,  Abbott,  Ballinger,  Barnes, 
Barker,  Bahl,  Belt,  Bennett,  Boomer,  Brown  of  Louisa,  Brown  of 
Madison,  Brown  of  Van  Bureh,  Burnett,  Clark,  Close,  Crawford, 
Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Finkbine, 
Flanders,  Gaylord,  Gary,  Garber,  Glasgow,  Godfrey,  Good- 
rich, Graves,  Griffith,  Ilale,  Holmes,  nolden,  Huggins,  Joy, 
Knapp,  Landes,  Leffingwell,  Linderman,  Maxwell,  McPherson, 
McNutt,  McCullougb,  McLaughlin,  Morgan,  Palmer,  Poindexter, 
R^^gers,  Rohlfs,  Runyan,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
%ple,  Tracy,  Thacher,  Tisdale,  Thomson,  Thorn,  Van  Lenven, 
West,  Wilcox,  Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wil- 
eon  of  Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr. 
Speaker — 12. 
27 


210  JOURNAIi  OF  THE 

Absent  or  not  voting,  Messrs.  Bereman,  Buck,  Conway,  Gamble, 
Hand,  Knox,  O'Brien,  Olmstead,  Stockman^  and  Walden — 10. 

So  the  amendment  to  the  amendment  was  lost. 

The  question  recurring  upon  the  amendment,  the  yeas  and  nays 
were  demanded,  and  were  as  follows  : 

The  yeas  were  Messrs.  Ballinger,  Barnes,  Barker,  Belt,  Bennett, 
Brown  of  Van  Buren,  Burnett,  Darwin,  Dashiel,  DeForest,  Dud- 
ley, Emery,  Finkbine,  Flanders,  Glasgow,  Godfrey,  Hale,  Holden, 
Huggins,  Joy,  LeiGng^ell,  McLaughlin,  Eogers,  Kohlfs,  Bunyan, 
Ryan,  Sherman,  Sipple,  Tracy,  Tisdale,  Wilson  of  Dubnqne,  Wil- 
liams of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall — 34. 

The  nays  were  Messrs.  Abemethy,  Abbott,  Alcorn,  Bahl, 
Boomer,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Brown  of 
Madison,  Brown  of  Winneshiek,  Carbee,  Clark,  Close,  Comfort, 
Crawford,  Dwelle,  Fellows,  Fry,  Gaylord,  Gary,  Garrett,  Garber, 
Goodrich,  Graves,  Griffith,  Holmes,  Knapp,  Landes,  Linderman, 
Lowdon,  Martin,  Maxwell,  MoFherson,  McNutt,  MoCullou^b, 
McKean,  Mills,  Morgan,  Palmer,  Poindexter,  Enssell,  Sapp,  Safely, 
Serrin,  Thacher,  Travis,  Thomson,  Thorn,  Van  Leuven,  West, 
Wilcox,  Wright,  Williams  of  Winneshiek,  Mr.  Speaker — 54. 

Absent  or  not  voting,  Messrs.  Bereman,  Buck,  Conway,  Gam- 
ble, Hand,  Knox,  O'Brien,  Olmstead,  Stockman,  and  Walden — 10. 

So  the  amendment  was  lost. 

Upon  the  motion  to  refer  with  instructions,  the  yeas  and  navs 
^  were  demanded,  and  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Belt,  Bennett,  Boomer,  Bolter,  Brown  of  Louisa,  Brown  of  Madi- 
son, Brown  of  Winnesheik,  Burnett,  Carbee,  Clark,  Close,  Com- 
fort, Crawford,  Darwin,  Dashiel,  DeForest,  Dwelle,  Fellows,  Fink- 
bine, Flanders,  Fry,  Gary,  Garrett,  Garber,  Goodrich,  Graves, 
Gritiith,  Hale,  Holmes,  Holden,  Knapp,  Landes,  LeffingwelU  Lin- 
derman, Maxwell,  McPherson,  McNutt,  McLaughlin,  McKean, 
Mills,  Morgan,  Palmer,  Poindexter,  Kohlfs,  Bunyan,  Eussell,  Ryan, 
Sapp,  Safely,  Serrin,  Sherman,  Tracy,  Thacher,  Travis,  Tisdale, 
Thorn,  Van  Leuven,  West,  Wilcox,  Wright^  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Williams  of  Winne- 
sheik, Mr.  Speaker — 69. 

The  nays  were  Messrs.  Barnes,  Barker,  Bahl,  Brown  of  Decatnr, 
Brown  of  Van  Buren,  Dudley,  Emery,  Gaylord,  Glasgow,  God- 
frey, Huggins,  Joy,  Lowdon,  Martin,  McCulIough,  Rogers,  Sipple, 
Thomson,  Wilson  of  Marshall — 19. 

Absent  or  not  voting,  Messrs.  Bereman,  Buck,  Conway,  Gamble, 
Hand,  Knox,  O'Brien,  Olmstead,  Stockman,  and  Walden — 10. 

So  the  motion  to  refer  with  instructions  prevailed. 

Mr.  Van  Leuven  moved  that  the  House  do  now  adjourn  until  to- 
morrow at  9  o'clock  A.  M. 

The  motion  prevailed,  and  the  House  adjourned. 


HOUSE  OP  REPHEBBNTATlVEa  211 


Hall  of  the  House  of  Representatives,  ) 
Dbs  MouiOES,  February  6, 1S66.       ) 

House  met  pnrsnant  to  adjoornmeot. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Vernon. 

Jonrnal  of  yesterday  read  and  approved. 

MESSAGE   FBOIC  THE   SENATE. 

The  following  message  was  received  from  the  Senate : 

Mb.  Bpsaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bills,  in  which  the  con* 
CQirence  of  the  House  is  asked :  ^ 

Senate  File  No,  11,  A  bill  for  an  act  in  relation  to  additional 
JoBtices  of  the  Peace  and  their  dockets. 

House  File  No.  30,  A  bill  for  an  act  extending  the  powers  of  the 
Auditor  of  State,  with  the  following  amendment :  Add  at  the  end 
of  section  one  the  following:  ''^Provided,  That  the  claims  shall  be 
presented  and  audited  at  the  Auditor's  office." 

In  which  the  concurrence  of  the  House  is  asked. 

I  also  return  herewith  House  resolution  relative  to  appointing  a 
joint  committee  to  visit  the  Soldiers'  Orphans'  Home,  it  having 
passed  the  Senate  without  amendment. 

JAMES  M.  WEART,  Asst.  Secretary. 

PETITIONS. 

Mr.  Darwin  presented  a  petition  from  E.  Chamberlain  and  other 
citizens  of  Burlington,  Iowa,  praying  for  the  repeal  of  the  Prohib- 
itory Liquor  Law,  which  was  referred  to  the  Oommittee  on  Sup- 
pression of  Intemperance. 

Mr.  McNutt  presented  a  petition  from  H..  J.  Nicholaus  and  sun- 
dry citizens  of  Wilton,  Muscatine  county,  praying  for  the  repeal 
of  the  Prohibitory  Liquor  Law,  which  was  referred  to  the  Oom- 
mittee on  Suppression  of  Intemperance. 

Mr.  Ballinger  presented  a  petition  from  Wm.  Abbott  and  sundry 
citizens  of  Jackson  township,  Lee  county,  praying  for  the  repeal 
of  the  Prohibitory  Liquor  Law,  which  was  referred  to  the  Com- 
mittee on  Suppression  of  Intemperance. 

Mr.  Goodrich  presented  a  petition  from  James  Stewart  and  san- 
dry  citizens  of  Fayette  county,  asking  for  extending  the  powers 
and  jurisdiction  of  County  Judges,  which  was  referred  to  the  Oom- 
mittee on  Judiciary. 

Mr.  Brown,  of  Lonisa,  presented  a  petition  from  H.  Lockwood 
and  other  citizens  of  Louisa  county,  iowa,  remonstrating  against 


212  JOURNAL  OF  THE 

the  enactment  of  a  law  to  restrain  stock  from  running  at  large, 
which  was  referred  to  the  Committee  on  Agriculture. 

Mr.  Burnett  presented  a  resolution  for  the  appointment  of  a 
Special  Standing  Committee  to  attend  to  and  look  after  the  inter- 
ests ot  the  children  of  Iowa  in  the  School  Land  and  School  Fund 
of  the  State. 

Befierred  to  the  Committee  on  Schools. 

Mr.  Clark  presented  a  petition  from  William  Holt  and  sundry 
citizens  of  luka,  Tama  county,  Iowa,  praying  for  the  repeal  of  the 
present  Prohibitory  Liquor  Law. 

Keierred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Bereman  presented  a  petition  from  John  Tyner  and  nine- 
teen other  citizens  of  Henry  county,  remonstrating  against  the 
repeal  of  the  present  Prohibitory  Liquor  Law. 

Keferred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Brown,  of  Madison,  presented  a  petition  from  W .  H.  Lewis 
and  sundry  citizens  of  Madison  county,  Iowa,  asking  that  some 
law  may  be  enacted  abolishing  the  Board  of  Supervisors  of  the 
several  counties  of  this  State,  and  substituting  therefor  three  Com- 
missioners. 

Beferred  to  the  Committee  on  County  and  Towaship  Organiza- 
tions. 

Mr.  Tisdale  presented  a  petition  from  C.  ().  Case  and  sundry 
citizens  of  Chickasaw  county,  asking  for  the  appointment  of  a 
Countv  Commissioner  of  Roads. 

Beferred  to  the  Committee  on  Boads  and  Highways. 

Mr.  Linderman  presented  a  petition  from  H.  M.  Cramer  and 
other  citizens  of  Page  county,  asking  a  change  in  county  govern- 
ment. 

Beferred  to  the  Committee  on  County  and  Township  Organiza- 
tions. 

Mr.  Huggins  presented  a  petition  from  sundry  citizens  of  Biog- 
gold  county,  Iowa,  asking  increased  compensation  to  County  Sur- 
veyors. 

Beferred  to  the  Special  Committee  of  which  Mr.  Williams,  of 
Des  Moines,  is  chairman. 

Mr.  Landes  presented  a  petition  from  A.  H.  Burrows  and  sun- 
dry citizens  of  Clark  county,  Iowa,  lor  the  relief  of  John  Crew, 
wounded  in  the  militia  service  of  this  State. 

Beferred  to  the  Committee  on  Military  Affairs. 

Mr.  Bohlfs  presented  a  petition  from  sundry  citizens  of  Daven- 
port, Scott  county,  Iowa,  praying  for  the  repeal  of  the  present 
prohibitory  liquor  law. 

Beferred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Safely  presented  a  petition  from  T.  C.  McClelland  and  sun- 
dry citizens  of  Cedar  county,  Iowa,  asking  for  a  law  to  regulate 
the  tariff  on  railroads. 

Beferred  to  t!ie  Committee  on  Commerce. 


H0U8B  OP  REPRESENTATIVES.  213 

Mr.  Thorn  presented  a  petition  from  Enos  "Williams  and  sundry 
citizens  of  De Witt,  Clinton  county,  Iowa,  praying  that  railroads 
may  be  compelled  to  come  under  the  laws  of  common  carriers,  and 
asking  other  relief. 

Referred  to  the  Committee  on  Kailroads. 

Mr.  Thorn  presented  a  petition  from  E,  E.  Blake  and  sundry 
shippers  and  producers  of  fenckeye,  Clinton  county,  Iowa,  praying 
that  railroad  companies  may  come  under  the  laws  of  common 
carriers. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Thorn  presented  a  petition  from  the  shippers  and  producers 
ot  Blairstown,  Benton  county,  Iowa,  praying  that  railroads  toay 
be  compelled  to  come  under  the  laws  as  common  carriers. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Thorn  presented  a  petition  from  John  D.  Sill  and  sundry 
citizens  of  Lisbon,  Linn  county,  Iowa,  praying  that  a  law  may  be 
enacted  to  compel  railroads  to  come  under  the  laws  of  common 
carriers. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Rnnyan  presented  a  petition  from  Jacob  Hale  and  sundry 
citizens  of  Belle  Plane,  Benton  county,  Iowa,  praying  for  the  re- 
peal of  the  present  prohibitory  liquor  law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Bahl  presented  a  petition  from  F.  C.  Cromwell  and  sundry 
citizens  of  this  State  remonstrating  against  any  resumption  of  lands 
heretofore  granted  to  the  Dubuque  &  Sioux  City  Railroad. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Martin  presented  a  petition  from  A.  Cline  and  other  citizens 
of  Boone  county,  Iowa,  praying  for  a  law  resuming  by  the  State  of 
Iowa  all  the  lands  heretofore  granted  to  the  Cedar  Rapids  and 
Missouri  River  Railroad. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Wilson,  of  Jackson,  presented  a  petition  from  E.  G.  Bolter 
and  other  citizens  of  Jackson  county,  Iowa,  asking  that  the  bounty 
on  wolf  scalps  be  increased  to  $15.00-^one-half  to  ba  paid  by  the 
State. 

Referred  to  the  Committee  on  Agriculture. 

Mr.  Brown,  of  Van  Buren,  presented  a  petition  from  John 
Duley  and  other  citizens  of  Van  Buren  county,  Iowa,  praying  for 
a  mail  route  from  Vernon,  Van  Buren  county,  Iowa,  to  Memphis, 
Scotland  conntv,  Missouri. 

Referred  to  the  Committee  on  Federal  Relations. 

Mr.  Palmer  presented  a  petition  from  F.  B.  Bisjsell  and  other 
citizens  of  Clinton  county,  Iowa,  remonstrating  against  the  repeal 
of  the  present  prohibitory  liquor  law. 

Reterred  to  the  Committee  on  the  Suppression  of  Intemperance. 

Mr.  Palmer  presented  a  petition  from  David  Iless  and  other 


214  JOURNAL  OP  THB 

cltizenB  of  Clinton  county,  Iowa,  praying  for  the  passage  of  some 
law  to  prevent  the  spread  of  Canada  thistles. 

Keferred  to  the  Committee  on  Agricnltnre. 

Mr.  Clark  presented  a  claim  from  J.  Simington  for  two  rotary 
upholstered  cnairs  for  Speaker  of  the  House  and  President  of  the 
Senate. 

Eeferred  to  the  Committee  on  Claims. 

Mr.  Carbee  presented  a  remonstrance  from  John  Curts  and  104r 
others,  citizens  of  Linn  county,  against  the  repeal  of  the  present 
prohibitory  liquor  law. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Crawford  presented  a  remonstrance  from  Adam  Cart  and 
other  citizens  of  Montgomery  county,  against  extending  the  time 
of  completing  the  Burlington  &  Missouri  Itailroad,  by  Congress, 
until  1875. 

Beferred  to  the  Committee  on  Federal  Kelations.     * 

Mr.  Crawford  presented  a  remonstrance  from  C.  H.  Lane,  and 
other  citizens  of  Montgomery  county,  against  extending  the  time 
of  completing  the  Burlington  &  Missouri  Railroad,  by  Congress, 
until  1875. 

Referred  to  the  Committee  on  Federal  Relations. 

Mr.  Crawford  presented  a  remonstrance  from  C.  G.  Patterson, 
and  other  citizens  of  Montgomery  county,  against  extending  the 
time  of  completing  the  Burlington  &  Missouri  Railroad,  by  Con- 
gress, until  1875. 

Referred  to  the  Committee  on  Federal  Relations. 

Mr.  Joy  presented  a  petition  from  200  citizens  of  Lucas  county, 
praying  that  the  supervisor  system  of  county  government  be  abol- 
ished, and  commissioner  system  established. 

Referred  to  the  Committee  on  County  and  Township  Organiza- 
tions. 

Mr.  Fry  presented  a  petition  from  George  Washington,  and  other 
citizens  of  Van  Buren,  Davis,  Jefferson,  and  Wapello  counties, 
praying  for  a  change  in  the  road  law,  in  regard  to  the  appointment 
of  road  commissioners. 

Referred  to  the  Committee  on  Roads  and  Highways. 

Mr.  Hale  presented  a  petition  from  the  Board  of  Supervisors  of 
Mills  county,  praying  that  the  General  Assembly  of  the  State  of 
Iowa  enact  a  law,  at  their  present  session,  raising  the  compensation 
of  Township  Assessors  and  members  of  the  Board  of  Supervisors 
to  ($3)  three  dollars  per  day. 

Referred  to  the  Committee  on  Compensation  of  Public  Officers. 

Mr.  Hale  presented  a  petition  from  Wm.  Robinson,  and  other 
citizens  of  Mills  county,  praying  for  an  increased  per  diem  of  Co. 
Surveyors  and  Assessors. 

Referred  to  the  Committee  on  Compensation  of  Public  Officers. 


HOUSE  OP  REPRBT8ENATIVB9.  215 

BBP0BT8  OF  OOMMITTEIIS. 

Mr.  Darwin,  from  the  Committee  on  the  Judiciary,  submitted 
the  following  reports : 

Mr.  Speakeb  : — ^The  Committee  on  the  Judiciary,  to  whom  was 
referred  House  File  No.  Ill,  "  A  bill  for  an  act  to  amend  an  act 
entitled  vacancies  and  special  elections,"  have  had  the  same  under 
consideration,  and  concluding  that  it  meets  a  real  want,  they  rec- 
ommend that  the  same  be  put  upon  its  passage. 

DAKWIN,  Chairman. 
Mr.  Spbakbr: — The  Judiciary  Committee,  to  whom  was  referred 
House  File  No.  57,  entitled  '.'A  bill  for  an  act  to  authorize  the 
Board  of  Supervisors  to  coriipromise  certain  judgments  in  favor  of 
the  State,"  have  had  the  same  under  consideration,  and  concluding 
that,  to  prevent  misconstruction,  the  same  should  be  amended,  rec- 
ommend that  between  the  word  "  defendants  "  and  the  words  "  the 
Board,"  there  be  inserted  the  words,  "  rendered  in  pursuance  of 
Sec.  1791  of  the  Revision  of  1860,"  to  the  end  that  the  power  of 
compromise  may  obtain  only  in  cases  of  usury,  and  that  the  same 
having  been  so  amended,  be  put  upon  its  passage. 

DARWIN,  Chairman. 
Mr.  Speaker: — The  Committee  on  the  Judiciary,  to  whom  was 
referred  House  File  No.  54,  entitled  "A  bill  for  an  act  providing 
for  a  change  of  venue  in  preliminary  examinations  before  a  Justice 
of  the  Peace,"  have  had  the  same  under  consideration,  and  recom- 
mend that  the  same  be  amended  by  striking  out  the  word  ^'  magis- 
trate," wherever  the  same  occurs  therein,  and  inserting  "Justices 
of  the  Peace."  Also,  by  adding  after  "jurisdiction,"  the  words 
"to  try  and  determine;"  and  that  after  being  so  amended,  the 
same  be  put  upon  its  passage. 

DARWIN,  Chairman. 
Mb.  Speaker  : — The  Committee  on  Judiciary  to  whom  was  re- 
ferred House  File  No.  71,  entitled  a  bill  for  an  act  regulating  ap- 
peals to  the  Supreme  Court  in  certain  cases,  have  had  the  same 
under  consideration,  and  having  come  to  an  unfavorable  conclusion 
thereon,  herewith  report  a  substitute  therefor,  which  they  recom- 
mend to  be  put  upon  its  passage. 

DARWIN,  Chairman. 
Mb.  Speaker  : — The  Committee  on  Judiciary  to  whom  was  re- 
ferred House  File  No.  105,  entitled  a  bill  for  an  act  to  amend 
Chapter  22  of  the  Laws  of  1864,  providing  for  the  early  distribu- 
tion of  the  decisions  of  the  Supreme  Court  among  District  Judges, 
have  had  the  same  under  consideration,  and  recommend  that  the 
same  do  not  pass. 

DARWIN,  Chairman. 
Mr.  Speaker  : — The  Committee  on  Judiciary  to  whom  was  re- 
ferred House  File  No.  94,  A  bill  for  an  act  to  authorize  Courts 
upon  granting  change  of  venue  in  criminal  prosecutions  to  require 

1 


216  JOURNAL  OF  THE 

witnesses  to  enter  into  recognizances  for  their  appearance  at  the 
Court  to  which  such  change  of  venue  may  be  granted,  have  had 
the  same  under  consideration,  and  recommend  :  1.  That  the  blank 
before  dollars  be  filled  with  "  one  hundred."  2.  That  the  bill 
when  so  amended  be  put  upon  its  passage. 

DAKWIN,  Chairman. 

Mb.  Speaker  : — The  Committee  on  Judiciary  to  whom  was  re- 
ferred House  File  No.  83,  entitled  a  bill  for  an  act  to  repeal  Sec- 
tion 224:1  of  the  Revision  of  1860,  and  enact  a  substitute  therefor 
prescribing  the  mode  of  indexing  the  conveyances  of  town  lots  in 
cities  and  villages,  have  had  the  same  under  consideration,  and  in- 
asmuch as  they  believe  that  the  good  sought  would  not  counterbal- 
ance the  mischief  of  tampering  with  the  laws  regarding  records, 
they  recommend  that  the  same  do  not  pass. 

DARWIN,  Chairman. 

Mr.  Speaker  : — House  File  No.  97,  entitled  a  bill  to  repeal  Sec- 
tion 4220  of  the  Revision  of  1860,  and  to  provide  a  substitute  there- 
for, which  was  referred  to  the  Committee  on  Judiciary,  has  been 
by  them  considered,  and  inasmuch  as  another  bill  of  the  same  ct- 
fect  has  been  already  ordered  by  the  House  to  its  third  reading, 
thereby  rendering  this  one  unnecessary,  they  recommend  that  it 
be  indefinitely  postponed. 

DARWIN,  Chairman. 

Mr.  Speaker  : — The  Committee  on  Judiciary  to  whom  was  re- 
ferred Senate  File  No.  20,  entitled  a  bill  for  an  act  amending  Sec- 
tion 4324  of  the  Revision  of  1860,  in  relation  to  willful  trespass, 
have  had  the  same  under  consideration,  and  have  come  to  a  favor- 
able conclusion  thereon,  and  therefore  recommend  that  the  same  be 
put  upon  its  passage. 

DARWIN,  Chairman. 

Mr.  Speaker  : — The  Committee  on  Judiciary  to  whom  was  re- 
ferred House  File  No.  121,  entitled  a  bill  to  extend  the  elective 
franchise  (which  bill  proposes  to  allow  women  to  vote)  have  had 
the  same  under  consideration  and  believing  that  the  Constitution 
stands  in  the  way  of  the  legality  of  such  proposed  law,  recommend 
that  the  same  be  indefinitely  postponed. 

DARWIN,  Chairman. 

Mr.  Clark  from  the  Committee  on  Claims,  submitted  the  follow- 
ing report  and  accompanying  bill : 

The  Committee  on  Claims  to  whom  was  referred  the  Joint  Res- 
olution authorizing  and  directing  the  Auditor  of  State  to  credit  the 
county  of  Story  with  the  sum  of  $442.68  of  State  and  Temporary 
School  Funds,  lost  by  the  burning  of  the  courthouse  in  said  eonoty 
on 'the  night  of  December  31st,  1863,  beg  leave  to  report  that  they 
have  had  the  same  under  consideration,  and  have  instructed  me 
to  report  the  same  back  to  this  Honse  with  the  accompanying  bill 
as  a  substitute  for  said  Joint  Resoletion«  and  recommend  the  pass- 
age of  the  bame.  L.  CLARK,  Chairman. 


HOUSE  OP  REPRESENTATIVES.  217 

The  bill  from  the  Commmittee  on  Claims,  House  File  No.  140, 
A  bill  for  an  act  to  credit  Story  county,  with  certain  sums  of 
money,  was  read  a  first  and  second  time  and  passed  upon  the  Files. 

Mr.  Thorn  from  the  Committee  on  County  and  Township  Or- 
ganizations, submitted  the  following  reports : 

jVIb.  Speaker  : — The  Committee  on  County  and  Township  Or- 
ganization have  had  under  their  consideration  House  File  Xo.  34, 
A  bill  for  an  act  to  repeal  Sub-Division  23,  Section  312,  Chapter 
±2,  Article  11,  of  Code  of  1860,  and  recommend  that  the  said 
bill  do  not  pass.  THORN. 

Mb.  Speaker  : — Tbe  Committee  on  County  and  Township  Or- 
ganization to  whom  was  referred  House  File  No.  73,  most  re- 
spectfully report  that  they  have  had  under  consideration  the  same, 
A  bill  for  an  aet  to  amend  Section  312,  of  the  Revision  of  1860, 
in  relation  to  building  bridges,  and  recommend  that  the  same  be- 
referred  to  the  Committee  on  Roads  and  Highways. 

THORN. 

The  recommendation  of  the  Committee  was  concurred  in  and 
the  bill  80  referred.    .  • 

Me.  Speaker: — The  Committee  on  County  and  Township  Or- 
ganization asks  to  make  the  following  report  in  regard  to  the  peti- 
tions from  the  citizens  of  Greene  county,  asking  additional  Com- 
pensation for  County  Recorders. 

And  further,  the  petition  of  the  citizens  of  Fayette  county  for 
increasing  fees  of  Recorders  of  deeds,  and  ask  that  they  be  refer- 
red to  the  Committee  on  Compensation  of  Public  Officers. 

THORN. 

The  report  of  the  ComAiittee  was  concurred  in  and  the  matters 
were  so  referred. 

Mr.  Close  presented  the  following  report : 

Your  Committee  on  County  and  Township  Organization  to 
whom  was  referred  the  petition  of  the  Board  of  Supervisors  of 
Benton  county,  asking  for  an  amendment  to  Section  307,  of  the 
Revision  of  1860,  have  had  the  same  under  consideration  and  have 
instrncted  me  to  report  the  same  back  with  bill  in  compliance  with 
the  prayer  of  said  petitioners,  with  recommendation  that  it  do  pass. 

C.  CLOSE,  Chairman. 

The  bill.  (House  File  No.  141),  A  bill  for  an  act  to  amend  Sec- 
tion 307,  of  the  Revision  of  1860,  in  relation  to  the  time  of  meet- 
ing of  the  Board  of  Supervisors,  was  read  a  first  and  second  time 
and  passed  upon  the  Files. 

Mr.  Darwin  from  the  Committee  on  the  Judiciary  submitted  the 
following  bills  as  reports  from  the  Committee. 

House  File  No.  142,  A  bill  for  an  act  to  amend  Section  4153, 
^i  the  Revision  of  1860,  and  to  provide  for  the  collection  of  costs 
in  criminal  cases. 

The  bill  was  read  a  first  and  second  time  and  passed  upon  the 
Files. 
28 


218  JOURNAL  OF  THE 

Hoase  File  No.  143,  A  bill  for  an  act  to  legalize  the  acts  of  the 
State  Aaditor  and  State  Treasurer  in  paying  compensation  to  the 
Judges  of  the  Supreme  and  District  Courts  in  the  absence  of  any 
law  authorizing  the  same  and  to  equalize  such  compensation. 

The  bill  was  read  a  first  and  second  time  and  passed  upon  the 
Files. 

The  Committee  on  Engrossed  Bills  submitted  the  following  re- 
port : 

Mb.  Speaker  : — Tour  Committee  on  Engrossed  Bills,  have  ex- 
amined the  following  House  Files  and  report  the  same  as  correctly 
engrossed. 

House  File  No.  60,  A  bill  for  an  act  to  amend  Section  4220  of 
Chapter  165,  of  the  revision  of  1860. 

House  File  No.  79,  A  bill  for  an  act  to  amend  Section  799  of 
•the  revision  of  1860,  relating  to  registered  letters  containing 
County  Treasurer's  monthly  reports  to  the  Auditor  of  State. 

House  File  No.  90,  A  bill  for  an  act  to  amend  Section  10,  of 
Chapter  22,  of  the  acts  of  the  Tenth  General  Assembly. 

House  File  No.  106,  A  bill  for  an  act  to  pay  bounties  upon  the 
scalps  of  certain  wild  animals. 

House  File  No.  123,  A  bill  for  an  act  to  amend  Section  one  of 
Chapter  twenty-five,  of  the  laws  of  the  extra  session  of  the  Ninth 
General  Assembly. 

L.  DWELLE,  Chairman. 

Mr.  Glasgow  submitted  the  following  reports. 

Your  Committee  on  Military  Affairs,  to  whom  was  referred 
House  File  No.  126,  A  bill  for' an  act  relating  to  the  As^astant 
Adjutant  General,  have  had  the  same  nndor  consideration,  and  have 
instructed  me  to  report  the  same  back  to  the  House,  with  the 
recommendation  that  it  do  pass. 

S.  L.  GLASGOW,  Chairman. 

Tour  Committee  on  Military  Affairs,  to  whom  was  referred  so 
much  of  the  Governor's  Message  as  relates  to  the  erection  of  a 
building  suitable  for  an  Arsenal,  have  had  the  same  under  consid- 
eration, and  have  instructed  me  to  report  the  accompanying  bill  to 
the  House  with  the  recommendation  that  it  do  pass. 

S.  L.  GLASGOW,  Chairman. 

The  bill  reported  by  the  Committee  on  Military  Affairs,  viz. : 
House  File  No.  144,  A  bill  for  an  act  providing  for  the  erection  of 
a  building  for  Adjutant-General's  and  Quartermaster-Cieneral's 
ofiices  and  for  an  Arsenal,  was  read  a  first  and  second  times  and 
passed  upon  the  files. 

Mr.  Maxwell  submitted  the  following  report : 

The  Committee  on  Roads  and  Highways,  to  whom  was  referred 
House  File  No.  96,  and  substitute  tor  same,  have  had  the  same 
under  consideration  and  have  instructed  me  to  report  the  same  back 
to  the  House  without  reoommendation. 

All  of  which  is  respctfuUy  submitted. 

GEO.  M.  MAXWELL,  Chairman. 


HOUSE  OP  REPRESBNTATIVES.     '  219 

The  Committee  on  Internal  Improvements  asked  leave  to  have 
pripted  House  File  No.  84,  A  bill  for  an  act  to  encourage  immigra- 
tion to  the  State  ot  Iowa,  and  the  House  ordered  the  bill  to  be 
printed  as  reported  by  the  Committee. 

Mr.  Thomson,  from  the  Committee  on  Agriculture,  submitted 
the  following  reports: 

Me.  Spbakbb: — Your  Committee  on  Agriculture,  to  whom 
\ya8  referred  House  File  No.  72,  A  bill  for  an  act  to  prevent  the 
spreading  of  contagious  diseases  amon^  swine,  have  had  the  same 
ander  consideration  and  have  instructed  me  to  report  it  back  to  the 
House  with  the  following  amendments  to- wit :  strike  out  the  words 
** cholera  or  other"  in  the  first  and  second  sections,  and  the  whole 
of  the  fifth  section,  and  recommend  the  adoption  of  the  amend- 
ments and  that  the  bill  be  put  upon  its  passage. 

H.  M.  THOMSON,  Chairman. 

Mb.  Speaker  : — Your  Committee  on  Agriculture,  to  whom  was 
referred  Honse  File  No.  136,  A  bill  for  an  act  to  repeal  Section  1 
of  Chapter  109  of  the  Acts  of  the  Tenth  General  Assembly  rela- 
ting to  Agriculture,  have  had  the  same  under  consideration  and 
have  instructed  me  to  report  it  back  to  the  House  with  the  recom- 
mendation that  it  do  not  pass. 

H.  M.  THOMSON,  Chairman. 

Mb.  Speakbb: — The  Committee  on  Agriculture,  to  whom 
was  referred  House  File  No.  88,  "  A  bill  for  an  act  to  prohibit  one 
or  more  of  the  several  owners  of  land  inclosed  in  common,  turning 
domestic  animals,  during  certain  seasons  of  the  year,  into  such  in- 
closure  without  the  consent  of  all  the  other  owners,"  have  had  the 
same  under  consideration,  and  have  instructed  me  to  report  it  back 
to  the  House,  with  a  recommendation  that  the  bill  do  pass. 

H.  M.  THOMSON,  Chairman. 

Mr.  Williams,  of  Winnesheik,  submitted  the  following  report : 

The  Committee  on  Incorporations,  to  whom  was  referred  Senate 
File  No.  12,  being  a  bill  for  an  act  to  amend  section  1133  of  the 
Eevision  of  1860,  in  relation  to  the  incorporation  of  towns  and 
cities,  and  to  legalize  the  publication  of  the  by-laws  and  ordinances 
of  certain  towns  and  cities  heretofore  passed  and  not  published  ac- 
cording to  law,  have  had  the  same  under  consideration,  and  have 
instructed  me  to  report  the  same  back  to  the  {louse  with  the  fol- 
lowing amendment:  By  inserting  after  the  word  "  ordinances,"  in 
the  second  line  of  Sec.  No.  2,  the  word  "heretofore," and  recom- 
mend that  the  same  do  pass. 

H.  B:  WILLIAMS,  Chairman. 

Mr.  Wilson,  of  Marshall,  submitted  the  following  report : 

The  Committee  on  Senatorial  and  Representative  Districts,  who 
have  had  under  consideration  the  re-apportionment  of  the  State 
into  Senatorial  and  Hepresentative  Districts,  submit  the  accompa- 
iiying  bill,  and  recommend  the  passage  of  the  same. 

THOMAS  J.  WILSON, 
Chairman  of  said  Committee. 


220  JOURNAL  OP  THE 

House  File  No.  145,  A  bill  for  an  act  apportioning  the  State  of 
Iowa  into  Eepresentative  Districts,  was  read  a  first  and  second 
times,  and  ordered  printed. 

Mr.  Wilson,  of  Marshall,  submitted  the  following  report : 

The  Committee  on  Senatorial  and  Representative  Districts,  who 
have  had  under  consideration  the  re-apportionraent  of  the  State 
into  Senatorial  and  Representative  Districts,  submit  the  accompa- 
nying bill,  and  recommend  the  passage  of  the  same. 

THOMAS  J.  WILSON, 
Chairman  of  said  Committee. 

House  File  No.  146,  A  bill  for  an  act  apportioning  the  State  of 
Iowa  into  Senatorial  Districts,  was  read  a  first  and  second  times, 
and  ordered  printed. 

By  leave,  Mr.  Darwin  offered  the  following  resolution,  which 
was  adopted : 

Heaolvedy  That  a  committee  of  three  be  appointed  to  determine 
the  cause,  and,  if  possible,  remove  the  grievance,  of  bad  air  which 
now  afflicts,  this  House. 

Messrs.  Boomer,  Clark,  and  Garrett  were  appointed  a  committee 
in  pursuance  of  the  resolution  of  Mr.  Darwin. 

Mr.  Burnett,  from  the  Committee  on  the  Iowa  Soldiers'  Orphans' 
Home,  submitted  the  following  bill  as  a  report  from  that  committee : 

House  File  No.  147,  A  bill  for  an  act  to  aid  in  the  support  and 
education  of  soldiers'  orphans  of  Iowa,  and  for  the  benefit  of  the 
Iowa  Soldiers'  Orphans'  Home. 

The  bill  was  read  a  first  and  second  times. 

Mr.  Darwin  moved  that  1500  copies  of  the  bill  be  printed  for 
the  use  of  the  House. 

The  motion  prevailed. 

Mr.  Glasgow  submitted  tbe  following  report : 

Your  Special  Committee  to  whom  was  referred  House  File  No. 
130,  A  bill  for  an  act  to  secure  to  Joseph  Skipper  his  home  at  the 
price  of  $1.25  per  acre,  of  lands  known  as  the  excess  of  the  500,- 
000  acre  erant,  have  had  the  same  under  consideration,  and  simi- 
lar cases  having  come  to  the  knowledge  of  your  Committee,  they 
have  instructed  me  to  report  to  the  House  the  accompanying  bill  as 
a  substitute  for  said  House  File  No.  150,  with  the  recommendation 
that  said  substitute  do  pass. 

S.  L.  GLASGOW,  for  Committee. 

Mr.  Abbott  submitted  the  following  report : 

The  Special  Committee  to  whom  was  referred  Senate  File  No. 
48,  have  had  the  same  under  consideration,  and  directed  me  to  re- 
port the  same  back  with  the  recommendation  that  it  do  pass. 

W.  S.  M.  ABBOTT,  Chairman. 

Mr.  Abbott  moved  that  the  rule  be  suspended,  and  the  bill  (Sen- 
ate File  No.  48)  be  read  a  third  time  now. 

The  motion  prevailed  and  the  bill  was  read  a  third  time,  and 


HOUSE  OP  REPRESENTATIVES.  221 

upon  the  question  "  Shall  the  bill  pass  ?  "  the  yeas  and  nays  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Barker,  Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Bolter, 
Brown  of  Decatur,  Brown  of  Louisa,  Brown  of  Vad  Buren,  Brown 
'jf  Winneshiek,  Bnrnett,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery, 
Fellows,  Flanders,  Fry,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow, 
G«3dfrey,  Goodrich,  Graves,  Hale,  Holden,  Huggins,  Joy,  Knapp, 
Landea,  Leffiogwell,  Linderman,  Lowdon,  Martin,  McPherson,  Mc- 
Nutt,  McCullough,  McLaughlin,  McKean,  Mills,  Morgan,  Palmer, 
Poiridexter,  Rogers,  Rohlfs,  Kunyan,  Kussell,  Ryan,  Sapp,  Safely, 
Serrin,  Sherman,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thom- 
son, Thorn,  Van  Leuven,  West,  Wilcox,  Wright,  Wilson,  of  Du- 
bnqne,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of 
Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 85. 

Absent  and  not  voting,  Messrs.  Brown  of  Madison,  Buck,  Fink- 
bine,  Gamble,  Griffith,  Hand,  Holmes,  Knox,  Maxwell,  O'Brien, 
Olmstead,  Stockman  and  Walden — 13. 

So  the  bill  passed  and  the  title  was  agreed  to. 

INTRODUOTION   OF  BILLS. 

Mr.  Leffingwell  introduced  House  File  No.  148,  A  bill  for  an 
act  to  amend  Chapter  54,  Section  1276,  Code  of  Iowa,  RGvision  of 
ISGO,  relating  to  mill-dams,  which  was  read  a  first  and  second  time 
aod  referred  to  Committee  on  Domestic  Manufuctures. 

Mr.  Burnett  introduced  House  File  No.  149,  A  bill  for  an  act  to 
amend  Section  1102,  of  the  Revision  of  1860,  to  confer  upon  cities 
of  the  second  class  the  power  of  choosing  Police  Justices,  which 
was  read  a  first  and  second  time  and  referred  to  the  Judiciary  Com- 
mittee. 

Mr.  Mills  introduced  House  File  No.  150,  A  bill  for  an  act  re- 
qoiring  County  Treasurers  to  properly  post  their  books,  and  make 
report  to  Clerk  of  County  Board  of  Supervisors,  which  was  read 
a  first  and  second  timeand  referred  to  Committee  on  the  Judiciary. 

Mr.  Wilson  of  Jackson  introduced  House  File  No.  151,  A  bill 
tor  an  act  to  amend  Chapter  163,  of  the  acts  of  the  Ninth  General 
Assembly,  in  relation  to  the  duties  of  County  Treasurers  and  in- 
creadiug  the  penalty  therein  contained,  which  was  read  a  first  and 
second  time  and  referred  to  the  Judiciary  Committee. 

Mr.  Thomson  introduced  House  File  No.  152,  A  bill  for  an  act 
to  vacate  certain  portions  of  a  Territorial  Koad  known  as  the  Park- 
Imrst  and  and  Tipton  Road,  which  was  read  a  first  and  second  time 
and  referred  to  the  Committee  on  Roads  and  Highways. 

Mr.  Thomson  introduced  House  File  No.  153,  A  bill  for  an  act 
to  enable  the  citizens  of  counties  to  restrain  cattle,  horses  and 
iDQles  from  running  at  large,  which  was  read  a  first  and  second 


222  JOURNAL  OP  THE 

time  and  referred  to  Committee  on  Agricultnre  and  ordered  printed. 

Mr.  Martin  introduced  House  File  No.  154,  A  bill  for  an  act  to 
amend  Section  2199,  of  the  Revision  of  1860,  which  was  read  a 
first  and  second  time  and  referred  to  Judiciary  Corancittee. 

Mr.  McKean  introduced  Rouse  File  No.  155,  A  bill  for  an  act 
to  prescribe  the  mode  of  filling  vacancies  in  the  offices  of  Justice 
of  the  Peace,  Constable,  and  members  of  the  County  Board  of 
Supervisors,  which  was  read  a  first  and  second  time  and  referred 
to  the  Committee  on  County  and  Township  Organization. 

Mr.  Dashiel  introduced  House  File  No.  156,  A  bill  for  an  act 
to  amend  Section  447,  of  the  Revision  of  1860,  affixing  a  penalty 
upon  Township  officers  for  refusing  to  qualify  and  serve,  which 
was  read  a  first  and  second  time  and  referred  to  Committee  on 
County  and  Township  Organization. 

Mr.  Bolter  introduced  House  File  No.  157,  A  bill  for  an  act 
for  the  relief  of  wounded  and  disabled  soldiers  which  was  read  a 
first  and  second  time  and  referred  to  a  select  Committee,  of  which 
Mr.  Darwin  is  Chairman,  and  ordered  to  be  printed. 

The  Chair  appointed  as  such  Committee  Messrs.  Darwin,  Glas- 
gow, Clark,  Bolter,  and  Barnes. 

Mr.  McLaughlin  introduced  House  File  No.  158,  A  bill  for  an 
act  to  repeal  Section  2742,  of  the  Revision  of  1860,  in  relation  to 
limitations  of  actions,  which  was  read  a  first  and  second  time  and 
referred  to  Judiciary  Committee.  i 

Mr.  Williams  of  Des  Moines,  introduced  House  File  No.  159,  1 
A  bill  for  an  act  amending  certain  sections  of  the  laws  in  relation 
to  School  funds,  which  was  read  a  first  and  second  time  and  refer- 
red to  Committee  on  "Ways  and  Means. 

Mr.  Bennett  introduced  House  File  No.  160,  A  bill  for  an  act  to 
amend  Chapter  169  of  the  Acts  of  the  Ninth  General  Assembly 
relating  to  the  duties  of  railroad  companies,  which  was  read  first 
and  second  times  and  referred  to  the  Judiciary  Committee,  and 
ordered  to  be  printed. 

Mr.  Garber  introduced  House  File  No.  161,  A  bill  for  an  act  to 
increase  the  number  of  weeks  that  common  schools  shall  be  taught 
in  each  year,  which  was  read  a  first  and  second  times  and  referred 
to  Committee  on  Schools. 

Mr.  Goodrich  introduced  House  File  No.  162,  A  bill  for  an  act 
to  amend  Chapter  52  of  the  Code  of  Iowa,  Revision  of  1860,  enti- 
tled "  Corporations  for  pecuniary  profit,"  which  was  read  first  and 
second  times  and  referred  to  Committee  on  Internal  Improve- 
ments, and  ordered  to  be  printed. 

Mr.  Goodrich  introduced  House  File  No.  163,  A  bill  for  an  act 
for  the  protection  of  certain  manufactories,  by  exempting  them 
from  taxation  for  a  term  of  years,  which  was  read  first  and  second 
times  and  referred  to  Committee  on  Domestic  Manufactures,  and 
ordered  to  be  printed. 

Mr.  LeflBngwell  introduced  House  File  No.  164,  A  bill  for  an 


H0U8B  OF  REPRE8BNTATIVEB.  223 

«ct  to  legalize  the  acts  of  the  city  conncil  of  the  ci1r7  of  McGregor, 
in  relation  to  the  levj  of  taxes,  which  was  read  nrst  and  second 
times. 

Mr.  Leffingwell  moved  that  the  rules  he  suspended  and  the  bill 
be  engrossed  for  a  third  reading,  which  motion  prevailed. 

Mr.  Leffingwell  moved  that  tne  bill  be  considered  engrossed  and 
read  a  third  time  now,  which  motion  prevailed,  and  the  bill  was 
read  a  third  time. 

On  the  qaestion  *'  Shall  the  bill  pass  V^  the  yeas  and  nays  were 
B8  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes,  Bahl, 
Belt,  Bereman,  Bennett,  Boomer,  Bolter,  Brown  of  Decatur,  Brown 
of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of 
Winneshiek,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Crawford, 
Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Fellows, 
Finkbine,  Flanders,  Fry,  Gaylord,  Gary,  Garrett,  Garber,  Glas- 
gow, Godfrey,  Goodrich,  Graves,  Griffith,  Hale,  Holmes,  Holden, 
Hoggins,  Joy,  Knapp,  Landes,  Leffingwell,  Linderman,  Lowdon, 
Martin,  McPherson,  MoNutt,  McCulIough,  McLaughlin,  McKean, 
Mills,  Morgan,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Runyan,  Rus- 
sell, Rjan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy,  Thacher, 
Travis,  Tisdale,  Thomson,  Thorn,  Van  Leuven,  West,  Wilcox, 
Wright,  Wilson  of  Dubuque,  Williams  of  Dee  Moines,  Wilson  of 
Jackson,  Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speak- 
er—86. 

The  nays  were  none. 

Absent  or  not  voting,  Messrs.  Ballinger,  Barker,  Buck,  Conway, 
Gamble,  Hand,  Knox,  Maxwell,  O^Brien,  Olmstead,  Stockman  and 
Walden— 12. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Wilson,  of  Marshall,  introduced  House  File  No.  166,  A  bill 
for  an  act  to  amend  Section  73,  Chapter  102  of  the  Acts  of  the 
Ninth  General  Assembly,  passed  April  8, 1862,  and  the  amend- 
ment thereto,  by  the  Act  of  the  Tenth  General  Assembly,  Section 
4,  Chapter  102,  prescribing  the  duties  and  increasing  the  compen- 
sation of  County  Superintendents,  which  was  read  first  and  second 
times  and  referred  to  Committee  on  Schools. 

Mr.  Wilson,  of  Dubuque,  introduced  House  File  No.  166,  A  bill 
for  an  act  to  change  the  terms  of  Court  in  the  Ninth  Judicial  Dis- 
trict, which  was  read  first  and  second  times,  and  referred  to  the 
deleeatioQ  from  the  Ninth  Judicial  District. 

Mr.  Wilson,  of  Dubuque,  introduced  House  File  No.  167,  A  bill 
for  an  act  to  amend  Sections  4209  and  4210,  Chapter  165,  of  the 
Revision  of  1860,  which  was  read  first  and  second  times  by  its  title 
and  referred  to  the  Committee  on  Judiciary. 

Mr.  Martin  introduced  House  File  No.  168,  A  bill  for  an  act  re- 
suming the  lands  granted  to  the  Cedar  Rapids  &  Missouri  River 
Railroad  Company,  which  was  read  first  and  second  tim|p  and  re- 


224  JOURNAL  OF  THE 

ferred  to  the  Committee  on  Kailroads  and  ordered  to  be  printed. 

Mr.  Van  Leuven  introduced  House  File  No.  169,  A  bill  for  an 
act  declaring  all  additions  to  incorporate  towns  and  cities  a  part  of 
said  towns  or  cities,  which  was  read  first  and  second  times  and  re- 
ferred to  Committee  on  Incorporations.  ♦ 

Mr.  Joy  introduced  House  File  No.  170,  A  bill  for  an  act  to  ac- 
cept of  the  grant  and  carry  into  execution  the  trust  conferred  upon 
the  State  of  Iowa  by  ah  act  of  Congress  entitled  "An  act  for  a  grant 
of  land  to  the  State  of  Iowa  in  alternate  sections  to  aid  in  the  con- 
struction of  a  Kailroad  in  said  State,"  which  was  read  a  first  and 
second  time  and  referred  to  the  Committee  on  Kailroads. 

Mr.  Sipple  introduced  House  File  No.  171,  A  bill  for  an  act  to 
retire  the  circulation  of  Bank  Notes  of  the  State  Bank  of  Iowa, 
which  was  read  a  first  and  second  times,  and  referred  to  Commit- 
tee on  Banks  and  Banking. 

Mr.  Abbott  introduced  House  File  No.  172,  A  bill  for  an  act 
further  defining  the  duties  of  judges  of  elections,  which  was  read 
a  first  and  second  time. 

Mr.  Abbott  moved  that  the  bill  do  lie  on  the  table  and  be 
printed. 

On  this  question  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yeas  were  Messrs.  Abbott,  Bennett,  Brown  of  Madison, 
Brown  of  "Winneshiek,  Burnett,  Carbee,  Close,  Darwin,  Dudley, 
Dwelle,  Flanders,  Fry,  Glasgow,  Goodrich,  Graves,  Griffith,  Hale, 
Holden,  Huggins,  Joy,  Knapp,  Leffingwell,  Linderman,  McPher- 
son,  McNutt,  McCnllough,  Mills,  Palmer,  Poindexter,  Rohlfs,  Run- 
yan,  Sapp,  Safely,  Sherman,  Tracy,  Travis,  Tisdale,  Thomson, 
Wilcox,  \V'il8on  of  Dubuque,  Wilson  of  Marshall,  Williams  of 
Winneshiek,  Mr.  Speaker— 43 

The  nays  were  Messrs.  Abernethy,  Alcorn,  Ballinger.  Barnes, 
Barker,  Bahl,  Belt,  Bereman,  Boomer,  Bolter,  Brown  of  Decatur, 
Brown  of  Louisa,  Brown  of  Van  Buren,  Clark,  Comfort,  Craw- 
ford, Dashiel,  DeForest,  Emery,  Fellows,  Finkbine,  Gary,  Garrett, 
Garber,  Godfrey,  Landes,  Lowdon,  Martin,  McLaughlin,  McKean, 
Morgan,  Rogers,  Russell,  Ryan,  Serrin,  Sipple,  Thacher,  Thorn, 
Van  Leuven,  West,  Wright,  Williams  of  Des  Moines,  Wilson  of 
Jackson — 43. 

Absent  or  not  voting,  Messrs.  Buck,  Conway,  Gamble,  Gaylord, 
Hand,  Holmes,  Knox,  Maxwell,  0'13rien,  Olmstead,  Stockman, 
and  Walden— 12. 

So  the  motion  did  not  prevail. 

On  motion  of  Mr.  Abbott,  the  bill  was  referred  to  the  Judiciary 
Committee. 

Mr.  Darwin  introduced  House  File  No.  173,  A  bill  for  an  act  to 
enla^;e  the  rights  of  married  women. 

Read  a  first  and  second  time,  and  referred  to  the  Judiciary  Com- 
mittee.   ^ 


HOUSE  OF  RBPRE8BNTATIVE8.  225 

Mr.  Darwin  introdnced  House  File  No.  174,  A  bill  for  an  act  for 
the  protection  of  sureties. 

Read  a  first  and  second  time  and  referred  to  the  Judiciary  Com- 
mittee. 

Mr.  Brown  of  Louisa,  introduced  House  File  No.  175,  A  bill  for 
an  act  to  restrain  stock  from  running  at  large. 

Read  first  and  second  times  and  referred  to  the  Committee  on 
Apical  tore,  and  ordered  to  be  printed. 

Mr.  Lowdon  introduced  House  File  No.  176,  A  bill  for  an  act  to 
amend  Section  84,  Chapter  172  of  the  Acts  of  the  Ninth  General 
Assembly. 

Itead  first  and  second  times  and  referred  to  the  Committee  on 
Schools. 

BESOLUTIONS. 

Mr.  Bennett  introduced  the  following  resolution,  which  on  mo- 
tion of  Mr.  Sapp  was  laid  upon  the  table  and  ordered  printed  : 

Whereas,  The  occupation  of  Mexico  by  the  forces  of  the  Em- 
peror of  the  French,  and  the  attempted  organization  of  the  Impe- 
rial Government  of  Maximilian,  are  absolutely  subversive  of 
repnblicanism  in  that  country  and  in  hostile  violation  of  the  well 
defined  policy  of  this  Government;  and 

Whbbbas,  The  establishment  of  a  monarchy  on  our  immediate 
"  border  to  serve  some  foreign  power  as  a  gatekeeper  in  times  of 
war,  will  be  a  standing  menace  and  perpetual  insult  to  the  Govern- 
erunaent  of  the  United  States,  and  must  eventuate  in  the  disturb- 
ance of  those  relations  of  amity  which  have  so  long  existed  between 
this  nation  and  those  of  continental  Europe;  therefore, 

Rmlved  hy  the  General  Assembly  of  tKe  State  of  lowa^  That  we 
enter  our  solemn  protest  against  any  interference  by  foreign  pow- 
ers in  the  affairs  of  the  Republic  of  Mexico,  and  that  the  exercise 
of  Imperial  Power  over  that  country  by  Maximilian  is  but  the  de- 
liberate murder  of  a  nation,  and  the  basest  act  of  usurpation. 

Besolvedy  That  that  feeble  Republic  in  its  struggle  for  existence, 
and  those  brave  men  as  they  strive  to  expel  from  their  shores  the 
invading  despot,  are  entitled  to  the  warmest  sympathies  of  all 
lovere  of  free  government  and  the  rights  of  man. 

Resolved^  That  our  Senators  and  Representatives  in  Congress 
be  reqnested  to  use  their  influence  to  prevent,  in  any  form,  the 
recognition  of  the  pretended  government  ot  Maximilian,  and  that 
they  urge. by  all  honorable  means  the  withdrawal  of  all  foreign 
forces  from  the  soil  of  Mexico  at  the  earliest  possible  day. 

Rmlved^  That  the  Secretary  of  State  be  instructed  to  forward 
immediately  a  copy  of  these  resolutions  to  each  of  our  Senators 
and  Representatives  in  Congress. 

Mr.  Close  introduced  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Military  AffaiiS. 
29 


226  JOURNAL  OP  THE 

Whereas,  The  present  general  militia  law  of  this  State  is  bur- 
densome to  the  people,  and  so  far  of  none  effect  in  a  majority  of 
the  counties  of  the  Btate ;  and 

Whbbbas,  There  exists  at  present  no  necessity  for  a  general 
militia  law,  as  the  cause  for  which  the  present  law  was  called  into 
existence  has  been  subserved  ;  and  as  it  is  believed  that  an  inde- 
pendent company  militia  law  would  meet  the  necessities  of  the 
E resent,  and  would  be  less  burdensome  to  the  people ;  therefore 
eit 

Resolved^  That  the  Committee  on  Military  AflFairs  are  hereby 
requested  (if  they,  in  their  judgment,  should  deem  it  best)  to  re- 
port a  bill  repealing  the  present  militia  law,  and  substitute  there- 
for an  independent  company  militia  system. 

Mr.  Darwin  introduced  the  following  resolution,  which  was 
adopted : 

]^e  it  resolved  hy  the  Genial  Assembly  of  the  State  of  lotca, 
That  the  Secretary  of  State  transmit  to  the  library  of  the  Orphans' 
Home  at  Davenport,  Iowa,  and  also  to  that  at  Cedar  Falls,  Iowa, 
to  become  part  of  said  library,  two  copies  of  each  document  or 
book  which  has  been  or  shall  be  distributed  this  session  by  the 
General  Assembly,  and  also  copies  of  all  other  documents  such  as 
have  been  heretofore  so  distributed,  so  far  as  it  can  be  done  with- 
out reprinting. 

Mr.  Glasgow  introduced  the  following  resolution,  which  was 
adopted : 

Jxesolvedj  That  the  Governor  and  the  Kegister  of  the  State  Land 
Office  be  requested  to  furnish  this  House  any  information  in  their 
respective  omces  (not  contained  in  the  report  of  said  Register)  rel- 
ative to  the  swamp  land  claims  of  the  several  counties  of  this  State 
aeainst  the  General  Government,  the  difficulties,  if  any,  in  the  way 
ot  a  speedy  settlement  of  the  same,  with  a  copy  of  such  cominDDi- 
cations  as  they  may  have  received  from  the  department  of  the  In- 
terior, and  from  our  swamp  land  agents  at  Washington,  if  any, 
relating  thereto.  Also,  what  counties  have  sold  their  swamp  laud 
interests  to  the  American  Emigrant  Company,  or  other  persons, 
with  such  information  relating  to  such  sales  as  may  be  in  their 
possession. 

Mr.  Clark  introduced  the  following  resolution,  which  was  referred 
to  the  Committee  on  Federal  Belations : 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  lowCy 
That  our  Senators  in  Congress  be  instructed,  and  our  Representa- 
tives requested,  to  use  their  influence  to  have  the  initiatory  meas- 
ures adopted  by  Congress  whereby  the  Constitution  of  the  United 
States  shall  be  so  amended  as  to  forever  prohibit  the  United  States 
or  any  State  thereof,  from  assuming,  or  in  any  way  beooming  re- 
sponsible for  the  so-called  Confederate  or  rebel  debt,  or  any  other 
debt  or  obligation,  or  any  part  thereof,  contracted  to  carry  on,  or 
for  the  purpose  of  aiding  or  assisting  in  any  manner,  to  carry  on 


HOUSE  OP  REPRBTSENATIVE8.  227 

war  against,  and  deeigned  to  divide  and  destroy  the  Union. 

ResolvM^  That  a  copy  of  these  resolations  be  forwarded  bj  the 
Secretary  of  Slate  to  each  oi  oar  Senators  and  [Representatives  in 
Congress. 

l&T.  Oarber  introduced  the  following  resolution,  which  was 
adopted : 

Be  it  resolved  hy  the  Oeneral  Assembly  of  the  State  of  lowa^ 
That  the  Senators  in  Cougress  from  this  State  be  instructed,  and 
Representatives  be  requested,  to  use  their  utmost  exertions  to  pro- 
core  the  establishment  of  a  weekly  mail  route,  at  the  earliest  pos* 
sible  period,  from  Guttenberg,  Clayton  county,  Iowa,  via  Elkport 
and  Littleport,  to  Strawberry  Point,  in  said  county. 

Besolvedy  That  the  Secretary  of  State  be  directed  to  forward  to 
each  of  our  Senators  and  Representatives  in  Congress,  a  copy  of 
this  resolution. 

Mr.  Abernethy  introduced  the  following  resolution,  whiich  was 
referred  to  the  Committee  on  Constitutional  Amendments : 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  lowa^ 

That  the  following  be  proposed  as  an  amendment  to  the  Consti- 
tntion  of  the  State  of  Iowa,  viz : 

Abticle  1.  All  persons  shall  be  equal  before  the  law,  and  there 
shall  be  no  denial  of  the  elective  franchise,  or  any  other  right,  on 
account  of  race  or  color;  to  this  end  the  word  "white"  shall  be 
stricken  out  of  thfe  Constitution  in  the  following  places,  viz :  Art. 
IL  Sec.  1 ;  Art.  Ill,  Sees.  4,  83,  34,  and  35;  and  Art.  VI,  Sec.  1. 

Mr.  Runyan  introduced  the  following  resolution,  which  was 
adopted : 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  Towa^ 
That  Hon.  Joseph  Dysart,  of  Tama  county,  Hon.  James  SilU^Quinn, 
and  Hon.  C.  ii.  Conklin,  of  Benton- county,  be  and  are  hereby 
appointed  members  of  the  Board  of  Trustees  of  the  Asylum  for 
the  Blind,  for  the  term  of  four  years  ending  Feb.  1st,  1870. 

The  Committee  on  Enrolled  Bills  submitted  the  following  report: 

Me.  Spbaksb  : — The  Senate  Committee  on  Enrolled  Bills  have 
examined  and  report  as  correctly  enrolled  four  Senate  joint  resolu- 
tions asking  additional  mail  facilities  in  this  State ;  also,  Senate 
memorifil  asking  Congress  for  a  grant  of  lands  to  aid  in  the  con- 
struction of  the  Iowa  and  Missouri  State  Line  Bailroad,  and  X  pre- 
sent the  same  for  your  signature.. 

G.  J.  TISDALE,  Chairman. 

Mr.  Brown,  of  Van  Buren,  introduced  the  following  resolution, 
which  was  referred  to  the  Committee  on  Federal  Kelations: 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  Jowa^ 
That  our  Senators  in  Congress  be  instructed,  and  Sepresentatives 
requested,  to  use  their  best  endeavors  to  procure,  at  the  earliest 
possible  moment,  the  establishment  of  a  mail  route  from  Vernon, 
in  Van  Buren  county,  Iowa,  to  Memphis,  in  Scotland  county.  Mo., 
na  Mt.  Sterling  and  Upton,  in  Van  iBuren  county,  Iowa. 


228  JOURNAL  OF  THE 

Resolved^  That  the  Secretary  of  State  be  instructed  to  transmit 
to  each  of  our  Senators  and  Kepresentati^es  iu  Congress,  a  copy 
of  these  resolutions,  duly  certified. 

Mr.  Fellows  introduced  the  following  resolution,  which  was 
adopted : 

^esoVved^  That  the  Superintendent  of  Public  Instruction  be  re- 
quested to  furnish  each  member  of  this  House  with  a  copy  of  the 
School  Laws  of  Iowa. 

Mr.  Brown,  of  Louisa,  introduced  the  following  resolution,  which 
was  adopted : 

Be  it  resolved  by  the  General  Assembly  of  the  State  of  lowa^ 
That  our  Senators  in  Congress  be  instructed,  and  our  Kepresenta- 
tives  requested  to  use  their  influence  for  the  establishment  of  a  tri- 
weekly mail  from  Burlington,  in  Des  Moines  county,  to  Ononwa, 
in  Louisa  county,  by  way  of  Port  Louisa  and  Grand  view  in  Louisa 
county. 

Resolved^  That  the  Secretary  of  State  be  instructed  to  forward 
a  C3py  of  this  resolution  to  our  members  of  Congress. 

Mr.  Serrin  introduced  the  following  resolution: 

Resolved  by  the  House  of  Repres&iitatives^  the  Senate  concurnmj^ 
That  when  this  General  Assembly  adjourn,  it  be  on  the  Ist  day  of 
March  next,  without  day. 

Mr.  "Wilson  of  Dubuque,  moved  that  the  jesolution  be  laid  upon 
the  table,  which  motion  prevailed. 

Mr.  Goodrich  introduced  the  following  resolution  : 

Re  it  resolved  by  the  House  of  Representatives :  1.  That  in  the 
opinion  of  this  House,  the  powers  and  duties  of  boards  of  super- 
visors in  relation  to  highways  should  be  conferred  upon  and  per- 
formed by  the  township  trustees  in  the  several  townships  in  each 
of  the  counties  of  this  State,  and  to  this  end, 

Resolved^  2.  That  a  Select  Committee  of  three,  with  Wilson  of 
Dubuque,  Chairman,  be  appointed,  whose  duty  it  shall  be  to  report 
a  bill  to  this  House  providing  for  the  transfer  of  all  the  powers 
and  duties  of  boards  of  supervisors  in  relation  to  highways  to  tlie 
t'jwnship  trustees  in  the  several  townships  in  each  of  the  counties 
in  this  State. 

The  consideration  of  the  resolution  was  postponed  until  to- 
morrow. 

The  following  message  from  His  Excellency,  the  Governor,  was 
received  through  Major  Nortl),  Private  Secretary : 

To  the  House  of  Representatives  : 

As  requested  by  your  resolution  of  the  27th  ult,  desiring  infor- 
mation as  to  whether  any  lands  have  been  certified  by  me  to  the 
Land  Grant  Kailroads  of  this  State  since  the  meeting  of  the  Tenth 
General  Assembly,  and  if  so,  what  roads,  and  the  amounts  respec- 
tively, together  with  the  reasons  for  so  doing,  I  have  the  honor  to 


HOUSE  OP  REPRBBBNTATIVES.  229 

reply  that  do  certificate  or  patent  for  lands  has  been  issued  from 
this  Department  to  any  of  tne  Companies  designated. 

It  is  proper  to  state  however,  that  since  the  adjournment  of  the 
last  General  Assembly,  certificates  have  been  issued  upon  proper 
evidence  to  the  Secretary  of  the  Interior  as  contemplated  by  law, 
for  the  completion  of  certain  consecutive  miles  of  road,  by  the  fol- 
lovring  named  Companies :  Cedar  Kapids  &  Missouri  Eiver,  100 
miles ;  McGregor  Western,  40  miles ;  and  the  Dubuque  &  Sioux 
Citj,  20  miles. 

Beyond  the  granting  of  these  certificates  nothing  has  been  done 
by  the  State  towards  securing  lands  to  any  of  the  Companies  des- 
ignated by  the  Acts  of  Congress,  or  the  laws  of  this  State. 

W.  M.  STONE,  Governor. 

The  message  of  the  Governor  was  laid  upon  the  table,  and  or-, 
dered  printed. 

Leave  of  absence  was  granted  to  Mr.  Maxwell  for  one  week,  to 
Mr.  Landes  for  ten  days,  and  to  Mr.  liunyan  for  four  days. 

Mr.  Flanders  moved  that  the  House  do  now  adjourn  until  9 
o'clock  A.  M.,  to-morrow. 

The  motion  prevailed  and  the  House  adjourned. 


Hall  of  the  House  of  Kepbesentatives,  | 
Des  Moines,  February  7, 1866.      y 


House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Childs. 

Journal  of  yesterday  read  and  approved. 


MESSAGE   FROM  THE   SENATE. 


The  following  message  was  received  from  the  Senate  : 

Mr.  Speaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bills,  in  which  the  concur- 
rence of  the  House  is  asked. 

Substitute  for  Senate  File  No.  70,  A  bill  for  an  act  to  establish 
a  law  department  to  State  University, 

Senate  File  No.  86,  A  bill  for  an  act  to  enable  aliens  to  acquire 
control  and  dispose  of  property  as  citizens. 

House  File  No.  69,  A  bill  for  an  act  making  provision  for  the 
settlement  of  all  liabilities  of  the  State  and  University  growing 
out  of  the  sale  of  certain  lands  in  Appanoose  county  sold  as  saline 
lands,  with  Senate  amendments  as  follows :  By  striking  out  of 
Section  1,  in   the  seventeenth  and  eighteenth  lines  the  words 


230  JOURNAX  OF  THE 

"whether  as  principal  or  interest.'*  By  striking  out  of  Section  2, 
after  the  words  "statement"  in  the  tifth  line  the  words  "with 
ten  per  cent,  per  annum  interest  upon  each  sam  so  paid  on  said 
contract,  certificate  or  patent  from  the  time  of  payment  nntil  the 
time  said  account  shall  be  audited  as  aforesaid ;  and  bv  strikinsc 
out  of  Section  8,  in  the  third  line  the  words  "one  thousand"  and 
inserting  the  words  "  four  hundred  and  fifty." 

I  am  further  directed  to  inform  you  that  Senators  Warren  and 
Kichards  have  been  appointed  members  on  the  part  of  the  Senate, 
of  the  Joint  Committee  to  whokn  shall  be  referred  that  part  of  the 
Governor's  Message  relating  to  claims  against  the  United  States. 

JAMES  M.  WEART,  Ass't  Secretary. 

Mr.  Bolter  moved  to  strike  out  the  pronoun  "  whom  "  and  insert 
."which  "  wherever  it  occurs  in  reports  from  Committees. 

Mr.  Fellows  moved  that  the  matter  be  referred  to  the  Commit- 
tee on  Schools.     Carried. 

ENBOLLED  BILLS. 

The  Committee  on  Enrolled  bills  presented  the  following  report : 

Mr.  Speakeb: — Your  Committee  on  Enrolled  Bills  has  received 
Senate  File  No.  48,  which  the  Senate  Committee  on  Enrollod  Bills 
has  examined  and  found  correctly  enrolled,  and  the  same  is  pre- 
sented for  your  signature. 

G.  J.  TISDALE,  Chairman. 

Mr.  Clark  moved  to  take  up  the  Governor's  Message  in  reference 
to  General  Custar  and  the  First  Iowa  Cavalry,  and  refer  the  same 
to  members  of  the  First  Iowa  Cavalry  on  this  floor.     Carried. 

The  following  communication  was  received  from  the  Dubuque 
delegation  in  this  General  Assembly : 

To  CoL.  Ed  Wbight,  Speaker  of  the  House  of  Representatives: 

Sir  :  The  undersigned  are  directed  by  the  Board  of  Produce 
Exchange  of  the  City  of  Dubuque,  to  extend  to  the  members  of 
the  General  Assembly,  a  cordial  invitation  on  behalf  of  said  Board 
to  visit  the  City  of  Dubuque  and  attend  the  Convention  on  the 
14th  inst,  to  consider  the  subject  of  improving  the  Rapids  of  the 
Mississippi  river. 
Hoping  the  General  Assembly  will  accept  the  invitation,  we  are, 

Yours  respectfully, 

T.  S.  WILSON, 
W.  T.  BARKER, 
B.  B.  RICHARDS, 
F.  M.  KNOLL, 
A.  BAHL, 
D.  O'BRIEN,      ^ 

Dubuque  Delegation. 
Mr.  Wilcox  offered  the  following  resolution  : 


HOUSB  OP  REPRESENTATIVES.  231 

Jie9olved  hy  the  General  AssemUy  of  the  State  of  lowa^  That 
this  Assembly  accepts  the  invitation  of  the  Board  of  Produce  Ex- 
change of  the  City  of  Dubuque,  to  visit  said  City  and  attend  the 
Convention  on  the  14th  inst.,  to  consider  the  subject  of  the  im- 
provement of  the  Mississippi  river.     Adopted. 

On  motion  of  Mr.  Hale^  House  File  No.  95,  A  bill  for  an  act  to 
regulate  grist-mills  and  define  the  duties  of  mills  and  mill  owners, 
was  taken  from  the  table  and  passed  on  File. 

The  resolution  of  Mr.  Gooarich  of  yesterday  postponed  to  this 
morning,  was  taken  up,  and  on  motion  of  Mr.  West,  the  resolution 
was  referred  to  the  Committee  on  Hoads  and  Highways. 

Mr.  "Wilcox  moved  that  Mr.  Sherman  and  Sapp  be  added  to  the 
Committee  on  Commerce. 

The  motion  prevailed. 

Mr.  Martin  offered  the  following  resolution  which  was  referred 
to  a  select  Committee  from  Polk,  Boone,  Dallas,  "Webster  and 
Hamilton  counties,  and  ordered  printed. 

Joint  Resolution  pledging  the  State  of^Iowa  to  secnre  to  its 
grantees  the  lands  sold  and  pattented  to  them  by  the  State,  and 
fully  protect  them  therein. 

Whereas,  The  State  of  Iowa,  by  its  lawfully  constituted  agents 
and  authorities,  has  heretofore  sold  and  conveyed  to  various  parties 
certain  lands  lying  north  of  the  Raccoon  Fork  of  the  Des  Moines 
River  in  said  State,  and  supposed  to  belong  to  the  grant  of  lands 
made  to  the  State  ot  Iowa,  to  aid  in  the  improvement  of  the  nav- 
igation of  the  Des  Moines  River,  by  an  act  of  Congress,  approved 
August  8,  1846,  and  the  500,000  acre  grant,  approved  September 
^,  1841,  many  of  which  lands  have  been  settled  upon,  and  im- 
proved in  good  faith  by  the  purchasers  thereof,  and  who  trusting 
the  titles  of  the  State,  have  made  their  homes,  have  built  school 
Houses,  and  towns  thereon,  and  which  lands  though  sold  by  the 
State  at  the  rate  of  1.25  dollars  per  acre,  have  increased  in 
value  until  the  same  are  worth  far  more  than  the  purchase  money, 
interest  and  taxes  that  have  been  paid  thereon,  and 

Whereas,  Certain  Railroad  Companies  now  claim  said  lands 
adverse  to  the  titles  made  by  the  State  of  Iowa,  as  aforesaid,  and 
are  now  pretending  to  exercise  acts  of  ownership  over  a  portion 
thereof,  and  threaten  to  dispossess  the  grantees  of  the  State,  and  their 
acts  and  claims,  are  a  cloud  upon  the  titles  made  by  the  State,  and 
have  the  effect  to  hinder  or  discourage  the  further  improvement  and 
sale  thereof  to  the  detriment  of  the  holders  of  the  State  Patents, 
and 

WoKBEAs,  It  is  the  duty  of  the  State  of  Iowa  to  protect  its  citi- 
zens in  the  enjoyment  of  all  their  rights,  and  more  particularly  to 
see  that  they  do  not  suffer  on  account  of  the  acts  of  the  State,  and 
to  protect  them  in  their  homes  and  confirm  their  titles  thereto,  de- 
rived from  the  State.     Therefore, 

Emlvedhy  tJte  General  Assernhly  of  the  State  of  lowa^  That  the 


232  JOURNAL  OP  THE 

State  of  Iowa  will  at  all  times  fully  protect  its  grantees  as  above 
cited,  and  perfect  and  confirm  their  titles,  or  will  fully  indemnifj 
them  in  case  of  the  failure  of  their  titles,  bj  the  payment  to  them 
of  the  full  value  of  their  lands  at  the  time  when  it  may  be  ascer- 
tained that  their  titles  made  by  the  State  as  aforesaid  have  failed. 

Mr.  Gaylord  offered  the  following  resolution,  which  was  adopted : 

Resolved  hy  the  General  AsaemMy  of  the  State  of  lowa^  That  our 
Representatives  in  Congress  be  requested  and  our  Senators  in- 
structed to  use  their  earnest  efforts  to  secure  the  establishment  of 
a  mail  route  for  a  semi-weekly  mail  between  Rockford,  in  the 
county  of  Floyd,  and  Northwood,  in  the  county  of  Worth,  via 
Rock  Grove  City,  Nora  Springs,  Shell  Rock  Falls  and  Plymouth, 
and  that  our  Secretary  of  State  furnish  to  each  of  our  members  in 
Congress  a  copy  of  this  resolution'. 

Mr.  Knapp  offered  the  following  resolution,  which  ^was  referred 
to  the  Committee  on  Compensation  of  Public  Officers : 

Resolved^  That  the  temporary  officers  appointed  at  the  opening 
of  the  present  session  of  this  Rouse  be  allowed  the  following 
amounts  lor  their  services,  and  that  the  same  be  embodied  in  the. 
general  appropriation  bill : 

Chief  Clerk,  six  dollars  per  day ; 

First  Assistant  Clerk,  five  dollars  per  day  • 

Sergeant-at-Arms,  four  dollars  per  day ; 

Door-keeper,  three  dollars  per  day ; 

Postmaster,  four  dollars  per  day ; 

Messengers,  each  two  dollars  per  day  ; 

And  all  other  emplovees,  each  two  dollars  per  day. 

Mr.  McCnllough  ottered  the  following  resolution,  which  was  re- 
ferred to  the  Committee  on  Federal  Relations  : 
Joint  Resolution  of  instruction  to  our  Senators  and  Representatives 

in  Congress  relative  to  pay  and  pensions  to  widows  or  legal  rep- 
resentatives of  deceased  officers,  acting  under  commissions  but 

not  mustered  in  as  such : 

Weereas,  In  the  late  war  many  of  the  officers  who  were  duly 
appointed  and  commissioned  by  the  Governor  of  this  and  other 
States  were  on  active  duty  in  the  field  and  thus  or  otherwise  neces- 
sarily prevented  from  being  mustered  in  by  the  proper  United 
States  mustering  officer ;  and 

Whereas,  Upon  their  death  prior  to  being  so  mustered  under 
the  laws  and  rulings  of  the  pay  and  pension  departments  of  the 
United  States,  the  widows  or  legal  representatives  of  such  officers 
cannot  receive  the  pay  or  pension  of  the  grade  to  which  they  were 
thus  commissioned,  notwithstanding  said  officers  occupied  the  po- 
sition and  acted  as  such  at  the  time  of  their  death,  many  of  them 
having  nobly  fallen  on  the  field  of  battle  performing  their  duties 
as  such ;  therefore 

Resolved  hy  tlie  General  Assenibly  of  the  State  ^  lowa^  That 
our  Senators  in  Congress  be  instructed  and  our  Representatived 


HOUSE  OP  REPRESKNTAT1VE&  233 

requested  to  use  their  best  endeavors  to  secure  the  passage  of  an 
act  amendatory  to  the  existing  laws,  providing  that  the  widows  or 
legal  representatives  of  such  officers  be  entitled  to  receive  the  same 
pay  and  emoluments  for  their  services  dnriDg  the  time  they  acted 
as  such,  as  other  officers  of  the  same  grade,  and  be  entitled  to  draw 
peosion  in  the  grade  in  which  said  officer  acted  at  the  time  of  his 
death,  without  regard  to  the  muster  in. 

liesolved^  That  a  copy  of  these  resolutions,  duly  authenticated, 
be  transmitted  by  the  Secretary  of  State  to  each  of  our  Senators 
and  Representatives  in  Congress. 

Mr.  Sipple  offered  the  following  resolution,  which  was  referred 
to  the  Committee  on  Agriculture  : 

Be  it  resolved^  That  the  Committee  on  Agriculture  be  instructed 
to  enquire  into  the  expediency  of  enacting  a  law  to  exempt  farm- 
ing implements  to  the  amount  of  five  hundred  dollars,  from  taxa- 
tion. 

Mr.  McCullough  oflFored  the  following  resolution : 

Resolved^  That  the  Committee  on  Judiciary  be  requested  to  re- 
port to  this  House  whether  in  their  opinion  Congress  has  or  has 
not  the  power  to  make  the  notes  of  the  National  Banks  legal 
tender. 

Mr.  Rogers  moved  that  the  resolution  be  laid  on  the  table. 

The  motion  did  not  prevail,  and  the  resolution  was  adopted. 

Mr.  DeForest  offered  the  following  resolution  which  was  lost : 

Whereas,  The  Attorney-General  was  instructed  by  resolution 
of  this  Uonse  to  give  an  opinion  upon  the  subject  whether  the  Gen- 
eral Assembly  bad  the  right  to  pass  an  act  to  regulate  a  tariff  of 
prices  for  the  transportation  of  freight  and  passengers  over  the  va- 
rious lines  of  railroads  in  this  State  ;  and 

WuEBEAS,  The  Attorufsy-General  has  given  his  opinion  adverse 
to  8uch  power,  and  has  collected  a  large  number  of  authorities  to 
Eustain  nis  position  and  not  one  in  favor  of  such  power;  and 

Whereas,  The  said  Attornev-General  intimates  that  the  Law 
Libraries  at  the  Capitol  do  not  contain  all  the  law  upon  the  sub- 
ject, and  that  he  has  not  had  sufficient  time  to  collect  all  the  author- 
ities upon  the  same ;  and  , 

Whereas,  The  said  subject  is  one  of  the  greatest  importance  to 
the  people  of  this  State ;  therefore  be  it 

Resolved^  That  the  Speaker  of  the  House  appoint  Messrs.  Rogers, 
Barker,  Sapp,  and  Darwin  to  prepare  an  opinion  on  said  subject, 
&nd  report  the  same  to  this  House  at  an  early  day. 

Mr.  Goodrich  offered  the  following  resolution  which  was  adopted: 

Whereas,  Mrs.  Catherine  Desart,  now  a  resident  of  Fayette 
county,  State  of  Iowa,  is  the  mother  of  nine  sons,  all  of  whom  en- 
listed in  the  army  of  the  United  States  as  volunteers  in  the  late 
var  against  the  rebellion  ;  two  of  said  sons  were  killed  in  battle, 
and  one  died  of  disease  while  in  the  service ;  five  of  these  nine 
30 


234  JOURNAL  OP  THE 

sons  re-enlisted  as  veterans,  making;  fourteen  regular  enlistments 
from  this  family  of  nine  sons;  and 

"Whereas,  The  said  Catherine  Desart  now  being  sixty-one  years 
of  age  and  in  very  poor  health,  has  at  this  time  a  daughter  who  is 
a  cripple  depending  entirely  on  her  mother  for  support,  the  said 
Catherine  Desart  being  a  widow  and  in  very  indigent  circum- 
stances, being  obliged  to  live  in  a  log  cabin  hardly  fit  for  a  stable, 
and  entirely  unable  to  build  a  better  tenement  for  herself  and  her 
crippled  daughter ;  therefore. 

Be  it  resolved  hy  the  House  of  Representatives^  That  in  consider- 
ation of  the  opid  Catherine  Desart  having  furnished  fourteen  enlist- 
ments into  the  army  of  the  Union  from  her  own  sons,  thereby 
having  rendered  great  and  special  service  to  her  country;  and 
further,  in  consideration  of  the  low  circumstances  of  the  said  Cath- 
erine Desart  and  of  the  absolute  dependent  condition  of  .herself 
and  her  crippled  daughter; 

Resolved^  That  a  select  committee  be  appointed  on  the  part  of 
this  House  to  investigate  the  circumstances  in  connection  with  the 
facts  herein  set  forth,  with  instructions  to  report  at  an  early  day 
by  bill  for  the  relief  of  the  said  Catherine  Desart  and  her  crippled 
daughter. 

Messrs.  Goodrich,  Fellows  and  Tisdale  were  appointed  a  Com- 
mittee in  pursuance  of  the  foregoinsj  resolution. 

Mr.  Thacher  offered  the  following  resolution : 

VThebbas,  it  is  deemed  a  matter  of  immediate  importance  to  the 
wool-growing  interest  of  the  State,  to  have  some  restriction  to  pre- 
vent Uie  destruction  of  sheep  by  dogs;  Therefore  be  it 

Resolved^  That  the  Committee  on  Agriculture  be  instructed  to 
present  to  this  House,  at  as  early  a  period  as  possible,  a  bill  for  an 
act  for  the  protection  of  sheep  from  dogs.. 

Mr.  Close  moved  that  it  be  laid  on  the  table. 

The  motion  to  table  did  not  prevail,  and  the  resolution  was 
adopted. 

MESSAGE  FROM  THE  SENATE. 
t 

The  following  message  was  received  from  the  Senate : 
Me.  Speaker: — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  accepted  an  invitation  tendered  by  the  Board 
of  Produce  Exchange  ot  the  City  of  Dubuque,  to  visit  the  City  ot 
Dubuque  and  attend  the  Convention  on  the  14th  inst,  to  consider 
the  subject  of  improving  the  Rapids  of  the  Mississippi  river. 

JAMES  M.  WE  ART,  Asst.  Secretary. 

special  order. 

The  hour  having  arrived  for  the  consideration  of  special  order, 
House  File  No.  102,  A  bill  for  an  act  in  relation  to  the  manner  of 


HOUSE  OF  REPRKSBNTATIVE8.  235 

conveying  lands  to  the  McGregor  Western  Railroad  Company,  it 
was  taken  up.  ' 

Mr.  Tisdale  presented  a  substitute  for  the  bill  under  considera- 
tion, and  moved  its  adoption. 

Mr.  Poindexter  moved  that  the  whole  matter  be  committed  to 
the  Committee  on  Railroads,  and  that  said  Committee  be  instructed 
to  report  a  bill  for  a  general  law  that  shall  be  applicable  to  all  Land 
Grant  Railroads. 

Mr.  Tisdale  moved  to  amend  by  striking  out  "general  law"  and 
inserting  a  bill  ^^  that  shall  meet  the  case  presented  in  the  substi* 
tnte." 

The  amendment  prevailed. 

The  motion  to  reter  as  amended  was  adopted. 

Mr.  Barker  offered  the  following  resolution,  which  was  made  a 
special  order  for  Tuesday  at  10  A.  M.,  the  20th  of  February  : 

He^olved^  That  in  the  opinion  of  this  House  the  General  Assem- 
bly of  the  State  of  Iowa  possesses  the  rightful  Constitutional  au- 
thority to  regulate  the  fare  for  freight  and  passengers  on  the 
railways  within  the  State. 

Mr.  Wilson,  of  Dubuque,  introduced  the  following  resolution  : 

Whereas,  The  Produce  Exchange  of  the  city  of  Dubuque  has 
extended  an  invitation  to  the  General  Assembly  to  attend  a  con-' 
vention  to  be  held  there  on  the  14:th  inst.,  the  oDJect  of  which  is  to 
promote  the  improvement  of  the  rapids  of  the  Mississippi  river ; 
and 

Whereas^  The  General  Assembly,  regarding  the  subject  as 
vitally  important  to  the  interests  of  the  Northwest,  has  accepted 
said  invitation. 

Resolved  hy  the  House  of  Representatives^  the  Senate  coiieurring^ 
That  the  General  Assembly  will  adjourn  on  the day  of  Feb- 
ruary, 1866,  until  the "day  of  the  same  month. 

Mr.  Sherman  moved  that  the  first  blank  be  filled  with  the  word 
"12th." 

Mr.  Belt  moved  that  the  whole  matter  be  laid  upon  the  table. 

Upon  this  question  the  yeas  and  nays  were  demanded  and  were 
SB  follows : 

The  yeas  were  Messrs.  Abbott,  Alcorn,  Belt,  Bereman,  Brown 
of  Madison,  Brown  of  Winneshiek,  Carbee,  Close,  Crawford, 
Daahiel,  Dudley,  Dwelle,  Emery,  Flanders,  Fry,  Garrett,  God- 
frey, Graves,  Griffith,  Huggins,  joy,  Knapp,  Knox,  Martin,  Mills, 
Morgan,  Travis,  Thomson,  Van  Leuven,  Wilson  of  Jackson — 30. 

The  nays  were  Messr^.  Abernethy,  Barnes,  Barker,  Bahl,  Brown 
of  Decatur,  Brown  of  Louisa,  Brown  of  Van  Buren,  Burnett, 
Clark,  Comfort,  Conway,  Darwin,  DeForest,  Fellows,  Finkbine, 
Gaylord,  Gary,  Garber,  Glasgow,  Goodrich,  Hale,  Leffingwell, 
Lowdon,  McPherson,  McNutt,  McOullongh,  McKean,  Poindexter, 
Rogers,  Rohlfs,  Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman, 
Sipple,  Tracy,  Thacher,  Tisdale,  Thorn,  West,  Wilcox,  Wright, 


236  JOURNAL  OF  THE 

"Wilson  of  Dnbuque,  Williams  of  Des  Moines,  Wilson  of  Marshall, 
Williams  of  Winneshiek,  Mr.  Speaker — 4:9. 

Absent  or  not  voting,  Messrs.  J3allins:er,  Bennett,  Boomer, 
Bolter,  Buck,  Gamble,  Hand,  Holmes,  Holden,  Landes,  Linder- 
man,  Maxwell,  McLanghlin,  O'Brien,  Olmstead,  Palmer,  Runyau, 
Stockman  and  Walden — 19. 

The  motion  to  lay  upon  the  table  did  not  prevail. 

Upon  the  motion  of  Mr.  Sherman  to  fill  the  first  blank  with  the 
word  "  twelfth,"  the  yeas  and  nays  were  demanded  and  were  as 
tollows : 

The  yeas  were  Messrs.  Barker,  Bahl,  Brown  of  Decatnr,  Brown 
of  Yan  Buren,  Carbee,  Comfort,  Crawford,  Dashiel,  De  Forest, 
Fellows,  Finkbine,  Gaylord,  Garrett,  Garber,  Godfrey,  Holden, 
Joy,  Knapp,  Knox,  Leffingwell,  Linderman,  Martin,  McCnllough, 
Poindexter,  Rogers,  Rohlfs,  Russell,  Ryan,  Sapp,  Sherman,  Thacher, 
Travis,  Tisdale,  Thomson,  Thorn,  West,  and  Mr.  Speaker — 38. 

The  nays  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Bal linger, 
Barnes,  Belt,  Bereraan,  Bolter,  Brown  of  Louisa,  Brown  of  Madi- 
son, Brown  of  Winaeshiek,  Clark,  Close,  Conway,  Darwin,  Dad- 
ley,  Dwelle,  Emery,  Fellows,  Fry,  Gary,  Glasgow,  Goodrich, 
Graves,  Griffith,  Hale,  Huggins,  Lowdon,  McPherson,  McNutt, 
McKean,  Mills,  Safely,  Serrin,  Sipple,  Tracy,  Van  Leuven,  Wilcox, 
Wright,  Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of 
Jackson,  Wilson  of  Marshall,  and  Williams  of  Winneshiek — 4:4. 

Absent  or  not  voting,  Messrs.  Bennett,  Boomer,  Buck,  Gamble, 
Hand,  Holmes,  Landes,  Maxwell,  McLaughlin,  Morgan,  O'Brien, 
Olmstead,  Palmer,  Runyan,  Stockman,  and  Walden — 16. 

The  motion  did  not  prevail. 

Mr.  Wilcox  moved  that  the  first  blank  be  filled  with  the  word 
« 10th." 

Upon  this  question  the  yeas  and  nays  were  demanded,  and  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Barker,  Bahl,  Bolter,  Brown  of  Madison,  Brown  of  Van 
Buren,  Burnett,  Carbee,  Clark,  Comfort,  Conway,  Crawford,  Dar- 
win, Dashiel,  DeForest,  Dudley,  Dwelle,  Fellows,  Finkbine,  Flan- 
ders, Gary,  Garber,  Glasgow,  Godfrey,  Goodrich,  Griflith,  Hug- 
fins,  Joy,  Leffingwell,  Lowdon,  McPherson,  McNutt,  McCullough, 
[cKean,  Poindexter,  Rogers,  Rohlfs,  Russell,  Ryan,  Sapp,  Safely, 
Sherman,  Sipple,  Tisdale,  Thorn,  West,  Wilcox,  Wright,  Wilson 
of  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson 
of  Marshall,  Williams  of  Winnesheik,  Mr.  Speaker — 58. 

The  nays  were  Messrs.  Belt,  Bereman,  Brown  of  Decatur,  Brown 
of  Louisa,  Brown  of  Winnesheik,  Close,  Emery,  Fry,  Garrett, 
Graves,  Holden,  Knapp,  Knox,  Martin,  Mills,  Morgan,  Serrin, 
Tracy,  Travis,  Thomson,  Van  Leuven — 21. 

Absent  or  not  voting,  Messrs.  Bennett,  Boomer,  Buck,  Gamble, 
Gaylord,  Hale,  Hand,  Holmes,  Landes,  Linderman,  Maxwell,  Mc- 


HOUSE  OF  REPRESENTATIVES.  237 

Laughlin,  O'Brien,  Olmatead,  Palmer,  Runyan,  Stockman,  Thacher, 
aad  Walden— 19. 

The  motion  prevailed,  and  the  blank  was  bo  filled. 

Mr.  Close  offered  the  following  amendment  to  the  resolution : 

Provided^  That  there  shall  be  no  expense  incurred  to  the  State 
daring  such  visit  to  Dubuque  by  the  members  and  officers  of  this 
General  Assembly,  either  as  to  per  diem,  or  traveling  to  and  from 
Dnbuque,  or  for  postage. 

Upon  this  amendment,  the  yeas  and  nays  were  as  follows  : 

The  yeas  w^ere  Messrs.  Belt,  Bereman,  Brown  of  Decatur,  Brown 
of  Madison,  Close,  Conway,  Dashiel,  DeForest,  Dudley  Dwelle, 
Emery,  Fry,  Gary,  Garrett,  Godfrey,  Graves,  Griffith,  Knapp, 
Knox,  Lowdon,  Mills,  Morgan,  Rogers,  Safely,  Serrin,  Tracy, 
Travis,  Thomson,  Van  Leuven,  Williams  of  Des  Moines,  Wilson 
of  Jackson,  Williams  of  Winneshiek — 32. 

The  nays  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinorer, 
Barnes,  Barker,  Bahl,  Bv)lter,  Brown  of  Louisa,  Brown  of  Van 
Baren,  Brown  of  Winneshiek,  Burnett,  Carbee,  Clark,  Comfort, 
Crawford,  Darwin,  Fellows,  Finkbine,  Flanders,  Gaylord,  Garber, 
Glasgow,  Goodrich,  Ilolden,  Huggins,  Joy,  Leffingwell,  Linder- 
raan,  Martin,  McPiierson,  McNutt,  McCuUough,  McKean,  Poin- 
dexter,  RohU's,  EnsselJ,  Ryan,  Sapp,  Sherman,  Sipple,  Thacher, 
Tisdale,  Thorn,  West,  Wilcox,  Wright,  Wilson  of  Dubuque, 
Wilson  of  Marshall,  Mr.  Speaker — 50. 

Absent  or  rot  voting,  Messrs.  Bennett,  Boomer,  Buck,  Gamble, 
Hale,  Hand,  Holmes,  Laudes,  Maxwell,  McLaughlin,  O'Brien, 
Olmstead,  Palmer,  Runyan,  Stockman,  and  Walden — 16. 

The  amendment  was  lost. 

Mr.  Clark  moved  that  the  last  blank  be  filled  with  the  word 
"nineteenth." 

The  motion  prevailed. 

Mr.  Abbott  offered  the  following  amendment,  which  was  lost. 

P/'avuledy  That  no  member  shall  be  regarded  as  under  any  mor- 
al or  pecuniary  obligation  to  draw  his  per  diem  or  postage  for  the 
time  of  such  absence. 

Upon  the  adoption  of  the  resolution  the  yeas  and  nays  were  de- 
manded, and  were  as  follows. 

The  yeas  were  Messrs.  Abbott,  Alcorn,  Ballinger,  Barne§,  Bar- 
ker, Bahl,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Brown  of 
Van  Buren,  Burnett,  Clark,  Conway,  Crawford,  Darwin,  Dudley, 
Fellows,  Finkbine,  Gaylord,  Gary,  Garber,  Glasgow,  Goodrich, 
Knapp,  Leffingwell.  Linderman,  Lowdon,  McPherson,  McNutt, 
McCullongh,  McKean,  Poindexter,  .Rohlfa,  Ryan,  Sapp,  Safely, 
Sherman,  Sipple,  Thorn,  Wilcox,  Wright,  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  of  Marshall,  Williams  of  Win- 
neshiek, Mr,  Speaker — 46. 

The  nays  were  Messrs.  Abernethy,  Belt,  Bereman,  Brown  of 
Madison,  Brown  of  Winneshiek,  Close,  Comfort,  Dashiel,  DeFor- 


238  JOURNAL  OP  THE 

est,  Dwelle,  Emery,  Flandere,  Fry,  Garrett,  Godfrey,  Graves, 
Griffith,  Holden,  Huggins,  Joy,  Knox,  Martin,  Mills,  Morgan, 
Kogers,  RaBsell,  Serrin,  Tracy,  Thacher,  Travis,  Tisdale,  Thom- 
son, Van  Leaven,  "Westj  Wilson  of  Jackson — 35. 

Absent  and  not  voting,  Messrs.  Bennett,  Boomer,  Bnck,  Car- 
bee,  Gamble,  Hale,  Hunt,  Holmes,  Landes,  Maxwell,  McLaughlin, 
HcJnnkin,  O'Brien,  Olmstead,  Palmer,  Eunyan,  Stockman  and 
Walden— 18. 

So  the  resolution  was  adopted. 

Leaves  of  absence  were  granted  as  follows  : 

To  Mr.  Tracy,  four  days ;  to  Thomson,  six  days ;  £.nd  to  Mr. 
Palmer,  six  days ;  Mr.  McLaughlin,  eight  days.' 

On  motion  of  Mr.  Martin,  the  House  adjourned  until  to-morrow 
at  9  o'clock,  A.  M. 


Hall  of  the  House  of  Representatives,  » 

Des  Moines,  Feb.  8,  1866.      f 

House  met  pursuant  to  adjournment. 
Speaker  in  the  Chair. 
Prayer  by  Rev.  Mr.  McCague. 
Journal  of  yesterday  read  and  approved. 

MESSAGE   FEOM  THE   SENATE. 

The  following  message  was  received  from  the  Senate: 

I  am  directed  to  inform  your  Honorable  Body  that  the  Senate 
has  passed  a  concurrent  resolution  relative  to  the  adjournment  of 
the  respective  houses  from  the  10th  to  the  19th  of  the  present 
month,  which  is  transmitted  herewith,  and  in  which  the  concur- 
rence of  the  House  is  respectfully  asked. 

I  return  herewith.  House  File  No.  14,  A  bill  for  an  act  to 
provide  for  the  distribution  of  the  Governor's  Biennial  Message, 
the  same  having  passed  the  Senate  without  amendment. 

I  am  further  directed  to  inform  you  that  the  Senate  has  refused 
to  concur  in  the  House  resolution  relative  to  the  adjournment  of 
the  General  Assembly  from  the  10th  to  the  19th  of  the  present 
mouth. 

Also  that  Senators  Larimer  and  Hart  have  been  appointed  mem- 
bers on  the  part  of  the  Senate,  of  the  Committee  to  visit  the  Sol- 
dier's Orphans'  Home. 

JAMES  M.  WEART,  Asst.  Secretary. 

Mr.  Wilson,  of  Dubuque,  moved  that  the  following  resolution 
from  the  Senate  be  concurred  in  by  the  House : 


HOUSE  OP  REPRBSBNTATIVBa  239 

Sesolved  hy  the  Senate^  the  House  concurring^  That  the  Senate 
and  House  of  Kepresentatives,  when  they  adjourn  on  the. 10th  day 
of  February,  1866,  their  respective  adjournments  be  until  the  19tli 
inst.,  at  10  o'clock  A.  M. 

Upon  the  adoption  of  the  resolution  the  yeas  and  nays  were  de- 
manded,  and  are  aa  follows  : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Ballinger,  Barnes, 
Barker,  Bahl,  Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Brown 
of  Van  Buren,  Brown  of  Winnesheik,  Buck,  Carbee,  Clark,  Con- 
way, Crawford,  Darwin,  DeForest,  Dudley,  Fellows,  Flanders, 
Fry,  Garber,  Glasgow,  Ilolden,  Knapp,  Linderman,  Lowdon,  Mc- 
Pherson,  McNutt,  McCnllough,  McKean,  Poindexter,.  Rogers, 
Rohlfe,  Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple^  Thorn,  West, 
Wilcox,  Wright,  Wilson  of  Dubuque,  Williams  of  Des  Moines, 
Wilson  of  Marshall,  Williams  of  Winnesheik,  Mr.  Speaker — 50. 

The  nays  were  Messrs.  Bereman,  Brown  of  Madison,  Comfort, 
Dashiel,  Dwelle,  Emery,  Gaylord,  Garrett,  Graves,  Griffith,  Joy, 
Knox,  Mills,  Morgan,  Thacher,  Travis,  Tisdale,  Van  Lenven,  Wil- 
son of  Jackson — 19. 

Absent  or  not  voting,  Messrs.  Alcorn,  Belt,  Bennett,  Boomer, 
Burnett,  Close,  Finkbine,  Gamble,  Gary,  Godfrey,  Goodrich,  Hale, 
Hand,  Holmes,  Huggins,  Landes,  Leffingwell,  Martin,  Maxwell, 
McLaughlin,  O'Brien,  Olmstead,  Palmer,  Kunyan,  Russell,  Stock- 
man, Tracy,  Thomson,  and  Walden — 29. 

So  the  resolution  was  adopted. 

The  following  members  were  granted  leaves  of  absence,  to-wit : 
Mr.  Sapp,  for  two  days;  Mr.  Alcorn,  for  two  days;  Mr.  Williams, 
of  Winnesheik,  for  ten  days ;  Mr.  Flanders,  for  two  days ;  Mr. 
Thacher,  for  two  days ;  Mr.  Darwin,  for  two  days ;  Mr.  Brown,  of 
Madison,  for  one  day  (Saturday) ;  Mr.  Mills,  for  two  days ;  Mr. 
Wilson,  of  Dubuque,  for  two  days ;  Mr.  Wilcox,  for  two  days ;  Mr. 
West,  for  two  days ;  Mr.  Williams,  of  Des  Moines,  for  one  day 
(Saturday) ;  Mr.  Wright,  for  two  days ;  Mr.  Emery,  for  two  days ; 
Mr.  Aldrich,  Chief  Clerk,  for  two  days. 

Mr.  Morgan  moved  that  the  House  adjourn  over  Friday  and 
Saturday.     Lost. 

Mr.  Lowdon  was  granted  leave  of  absence  for  two  days ;  Mr. 
Wilson,  of  Marshall,  for  two  days ;  Mr.  McNutt,  for  one  day  (Sat- 
tirday) ;  Mr.  Fry,  for  one  day  (Saturday) ;  Mr.  Huggins,  for  one 
day  (Saturday) ;  Mr.  Brown,  of  Louisa,  for  19th  and  20th  February ; 
Mr.  McKean,  for  19th  and  20th  February ;  Mr.  Garber,  19th  to 
23d. 

Mr.  Brown,  of  Van  Bnren,  moved  to  reconsider  the  vote  by 
which  leaves  of  absence  were  granted  members. 

Mr.  Sapp  moved  to  amend  the  motion  so  as  to  apply  only  to  those 
members  who  were  granted  leaves  for  the  19th  and  20th.     Lost. 

The  motion  to  reconsider  did  not  prevail. 


240  JOURNAL  OP  THE 

MESSAGES  ON  THE   SPEAKER'S  TABLE. 

The  House  took  up  the  following  amendments  of  the  Senate  to 
House  File  No.  30,  A  bill  for  an  act  extending  the  powers  of  the 
Auditor  of  State :  Add  after  the  end  of  section  one  the  following: 
''  Provided^  That  the  claims  shall  be  presented  and  audited  at  the 
Auditor's  office." 

Upon  the  question  of  concurring  in  the  foregoing  amendment, 
the  yeas  and  nays  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Ballinger,  Barnes, 
Barker,  Bahl,  Belt,  Bereraan,  Bolter,  Brown  of  Decatur,  Brown 
of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of 
Winneshiek,  Buck,  Carbee,  Clark,  Close,  Comfort,  Ponway,  Craw- 
ford, Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle,  Emery,  Fel- 
lows, Flanders,  Fry,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow, 
Godfrey,  Graves,  Griffith,  Hale,  Holden,  Huggins,  Joy,  Knapp, 
Knox,  Linderman,  Lowdon,  Martin,  McPherson,  M!cNutt,  McCul- 
lougb,  McKean,  Mills,  Morgan,  Poindexter,  Rogers,  Rohlfs,  Ryan. 
Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Thacher,  Travis^  Tisdale, 
Thorn,  Yan  Leuven,  West,  Wilcox,  Wright,  Wilson  of  Dubuque, 
Williams  of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall, 
and  Mr.  Speaker — 75. 

The  nays  were,  none. 

.  Absent  or  not  voting,  Messrs.  Alcorn,  Bennett,  Boomer,  Burnett, 
Finkbine,  Gamble,  Goodrich,  Hand,  Holmes,  Landes,  Leffingwell, 
Maxwell,  McLaughlin,.  O'Brien,  Olrastead,  Palmer,  Runyan,  Rus- 
sell, Stockman,  Tracy,  Thomson,  Walden,  and  Williams  of  Winne- 
shiek—23. 

So  the  Senate  amendment  was  concurred  in. 

The  House  took  up  the  Senate's  amendments  to  House  File  No. 
69,  A  bill  for  an  act  making  provision  for  the  settlement  of  all  lia- 
bilities of  the  State  and  University  growing  out  of  the  sale  of  cer- 
tain lands  in  Appanoose  county,  sold  as  Saline  Lands;  and  after 
consideration  of  the  same,  Mr.  Sapp  moved  that  the  bill  be  post- 
poned until  the  10th  instant. 

The  motion  to  postpone  the  bill  was  adopted. 

Senate  File  No.  78,  A  bill  for  an  act  amending  Section  7,  Chap- 
ter 172,  of  the  Acts  of  the  Ninth  General  Assembly,  relating  to 
School  District  Township  meetings,  was  read  a  first  and  second 
time  and  referred  to  the  Committee  on  Schools. 

Senate  File  No.  44,  A  bill  for  an  act  changing  the  corporate 
name  of  Independent  School  District  Townships,  was  read  a  first 
and  second  time  and  referred  to  the  Committee  on  Scools. 

Senate  File  No.  70,  A  bill  for  an  act  to  establish  a  law  depart- 
ment in  the  State  University,  was  read  a  first  and  second  time  aod 
referred  to  the  Comniittee  on  the  State  University. 

Senate  File  No.  86,  A  bill  for  an  act  to  enable  aliens  to  acquire 


HOUSE  OP  REPRESENTATIVES.  241 

control  and  dispose  of  property  as  citizens,  was  read  a  first  and  sec- 
ond time  and  referred  to  the  Committee  on  the  Judiciary. 

Substitute  for  Senate  File  No.  10,  A  bill  for  an  act  to  award 
costs  against  private  prosecutors  on  preliminary  examinations  in 
eriminal  cases,  was  read  a  first  and  second  time  and  referred  to 
the  Committee  on  the  Judiciary. 

Senate  File  No.  30,  A  bill  for  an  act  for  the  relief  of  D.  B.  Hil- 
lis  was  read  a  first  and  second  time  and  referred  to  the  Oommittee 
OQ  Claims. 

Substitute  for  Senate  File  No.  7,  A  bill  for  an  act  providing 
(lockets  for  Justices  of  the  Peace,  was  read  a  first  and  second  time 
and  referred  to  the  Committee  on  Judiciary. 

Senate  File  No.  11,  A  bill  for  an  act  in  relation  to  additional 
justices  of  the  peace  and  their  dockets,  was  read  a  first  and  second 
time  and  referred  to  the  Committee  on  County  and  Township  Or- 
ganizations. 

Sabstitute  for  Senate  File  No.  76,  A  bill  for  an  act  to  repeal 
part  of  Section  262  of  Chapter  22  of  the  Kevision  of  1860,  rela- 
ting to  the  time  of  holding  county  courts,  was  read  a  first  and  seo- 
ond  time  and  referred  to  the  Committer  on  Judiciary. 

The  House  took  up  the  Senate's  amendment  to  the  House  Joint 
Resolution  relative  to'  distribution  of  Supreme  Court  Reports,  to- 
wit:  Strike  out  "  Secretary  and  Clerks  ot  the  Senate,  the  Clerks 
of  the  House  of  Eepresentatives,  and  Reporters,  Postmasters  and 
Sergeant-at-Arms  of  both  branches  of  this  General  Assembly." 

Mr.  Rogers  moved  that  the  matter  be  postponed  until  the  first 
of  March. 

The  motion  to  postpone  did  not  prevail. 

By  unanimous  consent.  House  File  No.  90,  A  bill  for  an  act  to 
amend  Section  10,  of  Chapter  22,  of  the  Acts  of  the  Tenth  Gen- 
eral  Assembly,  was  read  a  third  time,  and  upon  the  question  ^^  Shall 
the  bill  pass  ? "  the  yeas  and  nays  were  as  follows : 

The  yeas  were  Mjessrs.  Abernethy,  Abbott,  Alcorn,  Barnes,  Bahl, 
Bolter,  Brown  of  Decatur,  Brown  of  Louisa,  Brown  of  Madison, 
Brown  of  VanBuren,  Brown  of  Winneshiek,  Buck,  Carbee,  Clark, 
Close,  Comfort,  Conway,  Crawford,  DeForest,  Dudley,  Dwelle, 
Emery,  Flanders,  Fry,  Garrett,  Garber,  Glasgow,  Godfrey,  Graves, 
Hale,  Holden,  Huggins,  Joy,  Knapp,  Knox,  Linderman,  Lowdon, 
Martin,  McPherson,  McNutt,  McKean,  Mills,  Morgan,  Poindexter, 
R^hlfs,  Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Thacher, 
Travis,  Tisdale,  Thorn,  Van  Leuven,  West,  Wilcox,  Wright,  Wil- 
liams of  Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Wil- 
liams of  Winneshiek,  and  Mr.  Speaker — 64. 

The  nays  were  Messrs.  Belt,  Bereman,  Darwin,  Dashiel,  GriflBith, 
and  Rogers — 6. 

Absent   or  not  voting,   Messrs.   Balllnger,    Barker,    Bennett, 
Boomer,  Burnett,   Pinkbine,    Fellows,   Gamble,   Gaylord,  Gary, 
Goodrich,  Hand,  Holmes,  Landes,  Leffingwell,  Maxwell,  McCnl- 
31 


242  JOURNAL  OF  THE 

lough,  McLaughlin,  O'Brieu,  Olmstead,  Palmer,  Eunyan,  Russell, 
Stockman,  Tracy,  Thomson,  Walden,  and  Wilson  of  Dubuque — 28. 

80  the  bill  passed  and  the  title  was  agreed  to. 

The  amendment  of  the  Senate  to  the  House  resolution  relative 
to  distribution  of  Supreme  Court  Reports,  was  then  concurred  in. 

BILLS  ON   SECOKp  BBADING. 

House.File  No.  Ill,  A  bill  for  an  act  to  amend  an  act  entitled 
^^  Vacancies  and  Special  Elections,"  was  considered  and  ordered  to 
be  engrossed  and  read  a  third  time. 

House  File  No.  67,  A  bill  for  an  act  to  authorize  the  Board  of 
Supervisors  to  compromise  certain  judgments  in  favor  of  the  State 
was  considered 

The  question  being  upon  the  amendments  recommended  by  the 
Judiciary  Committee,  the  same  were  adopted. 

The  bill  was  then  ordered  to  be  engrossed  and  read  a  third  time. 

House  File  No.  64,  A  bill  for  an  act  providing  for  a  change  of 
venue  in  preliminary  examinations  before  a  Justice  of  the  Peace, 
was  taken  up  and  considered. 

The  House  refused  to  concur  in  the  report  of  the  Judiciary  Com- 
fiiittee  recommending  certain  amendments. 
'  Mr.  Dashiel  offered  a  substitute  for  the  bill,  and  moved  its  adop- 
tion. 

Mr.  Godfrey  moved  that  the  bill  and*substitute  be  recommitted. 
Lost. 

Mr.  Fellows  moved  the  following  amendment  to  the  substitute: 
Add  to  section  one  the  words  **  at  any  time  before  the  commence- 
ment of  the  examination." 

The  amendment  was  adopted. 

Mr.  McEean  moved  the  following  amendment  to  section  three : 
Insert  after  the  word  "  exists  "  the  words  "  or  are  stated  in  the  affi- 
davit for  the  change  of  venue." 

Mr.  Van  Leuven  moved  that  the  whole  matter  be  postponed 

until  to-morrow  at  10  o'clock  A.  M. 

The  motion  prevailed. 

i 

HSSSAGB  FROM  THB   SENATE. 

Mr.  Speaker  : — I  am  directed  by  the  Senate  to  respectfully  ask 
of  the  House  the  return  of  Senate  File  No.  86,  A  bill  for  an  act  to 
enable  aliens  to  acquire,  control  and  dispose  of  property  as  citizens. 

J.  W.  DIXON,  Secretary. 

The  request  was  granted  and  the  bill  so  returned. 

HBSSAOB  FROM   THE   GOVERNOR. 

The  following  message  from  His  Excellency,  Governor  Wm.  M. 
Stone,  was  presented  to  the  House  by  Major  North,  Private  Sec- 
retary : 


HOUSE  OP  REPREBENTATIVEa  243 

STATE  OF  IOWA,  EXECUTIVE  DEPARTMENT, ) 

De»  Momss,  Ptibruary  6th,  1866.     y 

Gentlemen  of  the  House  : 

I  have  the  honor  herewith  to  submit  to  jonr  honorable  body  a 
statement  of  the  amount  expended  nnder  the  appropriation  made 
by  Chapter  XXXIl,  Acts  of  the  10th  General  Assembly,  for  ex- 
traordinary expenses  of  the  Executive  Office,  and  for  the  relief  of 
sick  and  wounded  soldiers. 

Amount  appropriated  directly  to  Governor. , $15,000 

Amount  placed  under  control  of  Census  Board . . .  25,000 

Total  appropriation $40,000 

Amount  drawn  by  Executive  to  pay  bills  incurred  prior 

to  January  14th,  1864 $  3,600 

For  bills  incurred  and  paid  since  that  date 11,500 

Total $15,000 

Amount  allowed  Executive  by  Census  Board,  March  Slst, 

1865,  which  was  drawn  and  expended $  5,000 

Amount  allowed  and  drawn  in  January,  1866 TOO 

On  the  21st  of  September,  1865,  upon  statements  made  by  R. 
G.  Orwig,  Private  Secretary,  as  to  the  amounts  then  due  from  the 
CoDtiugent  Eund  and  unpaid,  the  Census  Board  made  an  order 
allowing  the  sum  of  $6,500  from  the  fund  under  their  control. 
Total  amount  drawn  up  to  February  1st,  1866,  including 

allowance  to  Executive $27,200 

Amount  refunded  to  Contingent  Fund 877 

$28,077 

For  the  total  expenditure  of  the  above  there  are  vouchers  and 
certificates  on  file,  except  the  sum  of  $1,425.37,  of  the  amount 
allowed  to  Orwig,  as  aforesaid,  and  disbursed  by  him. 

This  sum  having  been  allowed  and  disbursed  in  my  absence 
from  the  Capital,  and  there  being  no  vouchers  in  this  office  to 
cover  it,  I  am,  for  these  reasons,  unable  to  state  the  purpose  for 
which  the  last  mentioned  sum  was  expended. 

There  is  on  file  with  the  vouchers  furnished,  a  statement  from 
Mr.  Orwig,  verified  by  his  affidavit,  that  the  whole  of  the  above 
sum,  unaccounted  for  by  vouchers,  has  been  properly  expended  in 
paying  legitimate  demands  against  the  Contingent  Fund,  and  that 
satisfactory  evidence  of  these  payments  will  b©  obtained. 

I  have  deposited  with  the  Auditor  of  State,  vouchers  for  the  en- 
tire amount  of  the  disbursements  above  referred  to,  numbered  con- 
secutively from  1  to  162,  inclusive,  which,  together  with  the  ab- 
stract herewith  submitted,  show  the  persons  to  whom  the  money 
has  been  paid,  and  the  purposes  for  which  the  same  was  expended. 

W.  M.  STONE,  Governor. 


244 


JOURNAL  OP  THE 


EXTRAORDINARY    EXPENSES   OF   EXECUTIVE    OFFICE,   FROM 

JANUARY,  1864,  TO  FEBRUARY,  18«6. 


AMOUNT. 


JSO.  Ot 

Voucher 


451  90 

219  87 
50  00 
50  00 

100  00 

5  75 

27  00 

38  00 

29  00 

5  35 

9  99 

1,660  77 

449  11 

50  00 

50  00 

»    200  00 

112  70 
98  20 
38  00 

105  65 

150  00 
35  29 
50  00 
50  00 
75  00 

5  75 
50  00 
25  00 
85  05 

11  50 

104  06 
200  00 

9  00 

303  00 

1,000  00 

8  18 

6  00 
300  00 

50  00 
100  00 
100  00 
150  00 
250  00 

105  80 
150  00 

5  00 
532  55 

5  93 
200  00 

2  00 
135  00 
526  00 

2  76 

150  00 

1,193  25 

12  93 
4  00 


1 
2 
3 
4 
5 
6 

t 

8 

9 
10 
11 
12 
18 
14 
15 
16 
17 
18 
19 
20 
21 
22 
23 
24 
25 
26 
27 
28 
29 
80 
31 
82 
33 
34 
85 
86 
87 
38 
89 
40 
41 
42 
43 
44 
45 
46 

47 

48 

49 

50 

60i 

51 

52 

521 

53 

54 


FOR  WHAT  PURPOSE  PAID. 


TO  WHOM  PAID. 


b>kuitary 

Money  advanced  to  State 

Salary 


Flag 

Money  advanced 


•«•••• 


Freight , 

Transportation. 
Sanitary 


Salary 

.  .44 


k  I  ■  •  • 


ti 


Transportation. 
It 


ii 
ii 


Salary 

Sanitary 

Salary 

Transportation 

Sanitary 

Salary 

Sanitary 

Transportation, 


Sanitary 

Clerical  work 

Salary 

Advanced  on  swamp  land. 

Transportation 

Freight 

oaniiary.  ■•*•■••.■•.     ..< 


it 
it 


it 
ti 


it 


Transportation 

Sundry  expenses 

Transportation 

Sanitary 

Expressage 

Transportation 

Various  expenses 

Transportation 

OauiLury*  «•■•••  ••••*>•••■. 

Sundry  expenses 

Telegrams 

Transportation 


%  «  •  •  • 


•  ■  •  «  • 


Dr.  Maxwell 

S.  J.  Kirkwood 

R  G.Orwig 

Geo.  J.  Nortli 

Bowen  Bros 

N.B.  Baker 

M.  A.Ely 

F.E.  Bissell 

G.  W.Edwards 

O.  Fiske 

Railroad  Company 

Mrs.  Wittenmver 

J.C.Todd...'. 

Geo.  J.  North 

R.  G.Orwig 

J.C.  Todd 

J.  Dial 

J.DUl 

Packet  Company 

J.  Dial 

Soldiers'  Home 

Q.  M.  G.,  Ohio ,.... 

Geo.  J.  North 

E.  J.  Mathis    

Geo.  J.  North 

Railroad  Company 

Mrs.  Chittenden 

Geo.  J.  North 

J.  Dial 

J.  S.Smith 

Railroad  Company 

Dr.  Udell 

J.  M.  Davis 

Geo.  J.  North 

Wm.  Baker 

Railroad  Company 

Thompson 

J.C.Todd 

Miss  Shelton 

J.  Dial 

N.Udell 

Mrs.  Chittenden 

N.Udell 

J.  Dial 

E.  J.  Mathis 

Steamer  Jennie  Whipple. 

Sundry  persons 

Railroad  Company 

Dr.N.  Udell 

Express  Company 

W.  S.  Company 

Various  persons 

Express  Company 

J.C.Todd 

Different  persons 

Telegraph  Company 

P.  P.  Lampey 


HOUSE  OP  REPRESENTATIVES, 


245 


EXTRAORDINARY  EXPENSES-CoNTrntiED. 


AMOUIIT. 


TO  WHOM  PAID. 


170  00 
843 

47  90 

84  36 

8  75 

184  27 

147  81 

150  00 

500 

50  00 
800  00 

83  65 
300  00 
500  00 
300  00 

3  45 
17  16 

10  50 
1  27 

150  00 

67  40 

1,000  00 

658  00 

80 

11  29 
64  65 

900 

300  00 

100  00 

40  15 

400  00 

5  00 

160  00 

135  40 

5  50 

11  00 

100  00 

13  13 

300  00 

1,050  00 

56  74 

150  00 

.  27  79 

225  00 

393  20 

60  00 

25  00 

4  00 
1  00 

400  00 

4  70 

15  30 

100  00 

11  68 

30  00 

943 

570  00 

225  60 


65 

56 

57 

58 

59 

60 

61 

63 

63 

64 

65 

66 

67 

68 

69 

70 

71 

T2 

73 

74 

75 

70 

76i 

77 

78 

79 

80 

81 

83 

83 

84 

85 

86 

87 

88 

89 

90 

91 

93 

93 

94 

95 

96 

97 

98 

99 

100 

101 

103 

103 

104 

105 

106 

107 

108 

109 

110 

111 


Sanitary 

Telesrrams 

D.  A.  Hoflfman 

Telegraph  Company 

N.  B.  Baker 

Transportation .....  I 

Telefirrams 

Telegraph  Company 

A..  Mathews 

Clerking 

TransDortation 

G.  W.  Smith 

Sanitary 

N.  B.  Baker 

11 

"  4«     ' 

E.  B.  Bassett 

Chas.  Baldwin 

CC 

•i' 

J.  Dial 

Mrs.  Chittenden 

Telegrams 

Telegraph  Company 

Mrs.  Horner 

Sanitary 

ti 

J.Dial 

II 
Telegtams 

J.  P.  Roach 

Telegraph  Company 

W                                4( 

»k 

Sanitary 

Transportation 

N.  B.  Baker 

Railroad  Company 

Oteo.  J.  North 

Sanitary.. 

Powder 

Laird  Bros 

Sanitary 

Dr.  N.  Udell 

Sundry  exoenses. 

Sundry  persons. 

Telecrrams 

Telegraph  Company 

Thomas  Hatton 

Transportation 

Powder 

J.  Mc Williams... 

Insurance  on  State  Prison 

u 

J.  Van  Valkenburg 

J.C.Todd 

N.  Udell 

Georee  Cowie 

14 

<4                      II 

Milless  &  Lankester 

Powder 

Tuttle&Son..... 

Transportation 

(1 

J.  P.  Roach 

Western  Stage  Company. 

44                   44                       U 

Secret  service 

H.H.  Fieid.. ..'....!..!! 

Telesrrams 

Telegraph  Company 

J  Dial 

Sanitary 

Mrs.  Chittenden 

II 

George  Cowie. 

Telegrams 

Sanitary 

Salary 

J.  P.  Roach . 

Telegraph  Company 

J.C.Todd 

Mrs.  Wittenmyer 

J.  0.  Todd 

George  J.  North 

Telegraph  Coinpany 

Express  Company 

Dr.  N.Udell 

Telegrams 

Transportation 

Sanitary 

Teleerams 

Telegraph  Company 

Laird  Bros 

Ammunition 

Sanitary 

Mrs.  Horner 

Transportation 

Railroad  Company 

Repairs 

Merrill  &  Keeney 

Transportation 

Railroad  Company.'. . . . . 

Sanitary 

Mrs.  Horner 

Sanitary 

J.  P.  Roach 

246 


JOURNAL  OP  THE 


EXTRAORDINARY  EXPENSES-Continued. 


AM0D1!9T. 


No,  Of 
Voucher 


FOR  WHAT  PUBPOBB  PAID. 


122 

10 

382 

4 

9 

558 

100 

200 

833 

16 

428 

160 

7 

1 

8 

8 

50 

400 

100 

105 

23 

44 

28 

44 

301 

78 

200 

5 

50 

1 

151 

1,075 

17 

6 

449 

20 

53 

6 

225 

700 

150 

38 

41 

50 

6 

80 
500 
466 
546 
45 
370 
32 


00 
00 
00 
61 
21 
72 
00 
00 
70 
46 
00 
00 
68 
50 
15 
28 
00 
00 
00 
00 
73 
47 
61 
28 
75 
75 
00 
50 
00 
45 
68 
00 
05 
55 
00 
00 
75 
00 
00 
00 
00 
65 
35 
00 
80 
50 
00 
80 
00 
00 
8S 
20 


27,577  50 


112 
113 
114 
115 
116 
117 
118 
119 
120 
121 
121^ 
122 
123 
124 
135 
126 
127 
128 
129" 
130 
131 
132 
133 
134 
135 
136 
137 
138 
139 
140 
141 
142 
143 
144 
145 
146 
147 
148 
149 
150 
151 
152 
153 
154 
155 
156 
158 
159 
160 
161 
162 
Balance 


ttanitary 

Sanitary 

Sanitary 

Telegrams 

Telegrams 

Sanitary 

Clerical  work 

Sanitary 

Sanitary 

Telegrams 

Various  expenses 

Vote  Commissioner 

Telegrams 

Transportation 

Vote  Commission 

Telegrams 

Clerical  work 

Sanitary 

Salary  (Secretary) 

Flag 

Transportation 

Transportation 

Transportation 

Transportation 

Sanitary 

Sanitary 

Sanitar7 

Transportation 

Sanitary : 

Transportation 

Postnee,  &c 

Traveling  expenses,  &c. . . 

Telegrams 

Telegrams 

Sundry  expenses 

Salary 

State  Seal 

Expressage,  &c 

Clerical  work 

Sanitary 

Sanitary 

Transportation 

Expenses,  <&c 

Sanitary 

Telegrams 

Transportation 

Sanitary 

Various  purposes 

Various  purposes 

yLouey  advanced 

Secret  service,  militia,  &c. 
on  hand  Feb.  Ist,  1866. 


TO  WHOM  PAID. 


Mrs.  Horner 

Dr.  Beach 

J.  Dial 

Telegraph  Company 

Telegraph  Company — 

A.  Mathews 

Dr.  N.Udell 

J.C.Todd 

Telegraph  Company  . . . 
Sundry  persons 

B.  M.  Orwig 

Telegraph  Company  . . . 

Express  Company 

J.  Bloomfield 

Telegraph  Company. . . . 

A.  Mathews 

J.C.  Todd 

Geo.  J.  North 

J.  N.  Dewey... 

Railroad  Company 

Railroad  Company 

Railroad  Company 

Railroad  Company 

N.B.  Baker 

N.B.B^ker 

Dr.  N.  Udell 

W.  S.  Company 

George  Cowie 

Express  Company 

Postmasters,  &c 

Various  persons 

Telegraph  Company. . . . 
Telegraph  Company. . . . 

Sundry  persons 

George  J.  North 

Martin  Leans 

Express  Company 

A.  Mathews 

George  Cowle 

Mrs.  HorniT 

J.  P.Roach 

W.  M.  Stone 

George  Cowie 

Telegraph  Company. . . . 

Packet  Company 

Dr.  N.Udell 

Various  persons 

Various  persons 

W.M.  Stone 

Various  persons 


Note.— Apparently  the  sum  unaccounted  for  is  |445.50,  instead  of  |1,426.37  as 
stated.  The  National  State  Bank,  however,  has  a  claim  against  the  contingent 
fund  of  $975.87  for  mone^  overdrawn  on  account  with  said  bank,  making  the 
entire  sum  unaccounted  for  $l,4iS£i.37.. 


HOUSE  OF  RBPRET8BNATIVBB.  247 

Mr.  Holden  moved  that  the  message  be  laid  upon  the  table  and 
printed. 

The  motion  to  table  and  print  prevailed. 

Mr.  Holden  moved  that  the  House  adjourn  over  to  Saturday,  at 
10  o'clock,  A.  M. 

Mr.  Comfort  moved  to  amend  by  ineertinff  to-morrow,  9  A.  M. 

Mr.  Close  moved  that  the  House  do  now  a^ourn ;  which  motion 
did  not  prevail. 

The  amendment  was  adopted,  and  the  motion,  as  amended, 
was  adopted. 

Leaves  of  absence  were  granted  to  Mr.  White,  Sergeant-at-Arms, 
for  two  days ;  Mr.  Bahl,  for  two  days ;  Mr.  Bohlfs,  for  two  days ; 
Mr.  Martin,  for  two  days;  Mr.  Belt,  for  one  day  (Saturday);  Mr. 
DeForest,  for  one  day  (Saturday). 

Mr.  Rogers  moved  that  the  House  do  now  adjourn. 

The  motion  prevailed,  and  the  House  adjourned. 


Hall  of  Housb  of  Repbesentatives,  ) 
Des  Moines,  February  9, 1866.      f 

House  met  pursuant  to  adjournment. 

Speaker  in  the  Chair. 

Prayer  by  Rev.  Mr.  "Winans. 

The  Speaker  ordered  a  roll  call  to  ascertain  whether  there  was  a 
quorum  present. 

There  being  no  quorum  present,  on  motion  of  Mr.  Hale,  the  call 
of  the  House  was  ordered,  and  Messrs.  DeForest,  Dwelle,  Poin- 
dexter,  Tisdale,  and  Thorn  were  tound  absent  and  not  excused. 

On  motion  of  Mr.  Grarber,  Mr.  DeForest  was  excused  from  this 
roll  call. 

On  motion  of  Mr.  Gaylord,  Messrs.  Dwelle  and  Poindexter  were 
excased. 

On  motion  of  Mr.  Joy,  Mr.  Tisdale  was  excused. 

On  motion  of  Mr.  Brown,  of  Louisa,  Mr.  Thorn  was  excused. 

Mr.  Brown,  of  Louisa,  moved  that  this  House  do  now  adjourn 
until  10  o'clock,  A.  M.,  to-morrow,  which  motion  prevailed,  and 
the  House  adjourned. 


348  JOURNAL  OP  THE 

Hall  of  the  Housb  of  KEPBssENTJLTiyEs,  i 
Des  Moinbb,  February  10, 1866.      ) 

Hoiifie  met  pursuant  to  adjournment 
Speaker  in  the  chair. 
Prayer  by  Rev.  Mr.  Geiger. 

Mr.  Hale  moved  that  the  Honse  do  now  adjourn  to  the  19th  inst., 
in  pursuance  of  the  resolution  of  the  General  Assembly: 
The  motion  prevailed,  and  the  House  adjourned. 


Hall  of  House  of  Repbesentatives,  [ 
Des  Moines,  February  19, 1866.      j 

* 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Peet. 

On  motion  of  Mr.  Maxwell,  the  call  of  the  House  was  ordered, 
and  Messrs.  Alcorn,  Ballinger,  Baruos,  Bahl,  Belt,  Bereman, 
Boomer,  Bolter,  Buck,  Burnett,  Carbee,  Clark,  Close,  Conway, 
Dashiel,  Dwelle,  Emery,  Fellows,  Fry,  Gamble,  Gary,  Glasgow, 
Godfrey,  Goodrich,  Graves,  Griffith,  Hale,  Holmes,  Holden,  Hug- 

fins,  Joy,  Knox,  Landes,  Lefflngwell,  Linderman,  Martin,  McNutt, 
[cLaughlin,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindex- 
ter,  Rogers,  Rohlfs,  Runyan,  Russell,  Sapp,  Safely,  Serriu,  Sipple, 
Tracy,  Thacher,  Thomson,  Thorn,  Walden,  West,  Wil(5ox,  Wright, 
Wilson  of  Dubuque,  Williams  of  Des  Moines.  Wilson  of  Jackson, 
Wilson  of  Marshall,  Williams  of  Winnosheik,  were  found  absent 
and  not  excused. 

Mr.  Barker  moved  that  the  House  do  now  adjourn  till  to-morrow 
morning  at  10  o^clock,  A.  M. 

Mr.  Comtort  moved  to  amend  by  inserting  9,  A.  M. 

The  motion  to  amend  prevailed,  and  the  House  adjourned. 


Hall  of  the  House  of  Representatives,  [ 
Des  Moines,  February  20,  1866.       ) 

House  met  pursuant  to  adjournment. 
Speaker  in  the  chair. 
Prayer  by  Rev.  Mr.  Wetmore. 

House  Journals  of  Feb.  8th,  9th,  10th,  and  19th,  were  read  and 
approved. 


HOUSE  OP  RBPRBSENTATIVES.  249 

Mr.  Maxwell  moved  that  the  rule  be  saspended,  and  that  for 
this  day  the  House  t^ke  up  business  at  the  commencement  of  the 
regular  order. 

The  motion  prevailed. 

PETITIONS. 

Mr.  Maxwell  presented  a  petition  from  J.  C.  Kinsed  and  seventy- 
eight  others,  citizens  of  Story  county,  praying  for  an  appropriation 
for  building  a  passable  road  over  Skuns  bottom  on  the  route  from 
Xevada  through  Cambridge  to  Des  Moines. 

Eeferred  to  the  Committee  on  Heads  and  Highways. 

Mr.  Maxwell  presented  a  petition  from  6.  Hopkins,  and  thirty* 
two  other  citizens  of  Story  county,  asking  for  further  mail  facilities. 

The  petition  was  laid  upon  the  table. 

Mr.  Maxwell  presented  a  petition  from  Thomas  £.  Fosgate,  and 
twenty-eight  other  citizens  of  Story  county,  asking  for  a  more  ef- 
ficient prohibitory  liquor  law. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Maxwell  presented  a  petition  from  Isaac  Black  of  Story 
county,  praying  for  the  restricting  of  diseased  stock  from  running 
at  large. 

Referred  to  the  Committee  on  Agriculture. 

Mr.  Maxwell  presented  a  petition  from  Hank  McCarthy  of  Story 
county,  praying  that  the  board  of  supervisors  shall  hear  remon- 
strances when  they  are  presented  with  petitions. 

Eeferred  to  the  Committee  on  Roads  an^  Highways. 

Mr.  Maxwell  presented  a  petition  from  J.  A.  Fitchpatrick,  in  re- 
lation to  clerk's  fees. 

Referred  to  the  Committee  on  Compensation  of  Public  Officers. 

Mr.  Maxwell  presented  a  petition  from  E.  G.  Day  in  relation  to 
railroad  tariffs. 

Eeferred  to  the  Committee  on  Commerce. 

Mr.  Maxwell  presented  a  petition  from  T.  E.  Alderman,  in  rela- 
tion to  railroad  tarifis. 

Referred  to  the  Committee  on  Commerce. 

Mr.  Clark  presented  a  petition  from  "\y.  F.  Johnston  and-  one 
hundred  and  ninety-eight  citizens  of  Tama  county,  remonstrating 
against  the  repeal  of  the  prohibitory  liquor  law. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Clark  presented  a  petition  from  Henry  Galley  and  two  hun- 
dred and  forty-seven  citizens  of  Tama  county,  asking  that  a  law  be 
Eaased  regulating  the.  tariffs  of  railroad  companies,  and  that  they 
e  made  responsible  as  common  carriers. 

Eeferred  to  the  Committee  on  Commerce. 

Mr.  Gaylord  presented  a  petition  from  J.  N.  Darland  and  sun- 
dry citizens  of  Floyd  county,  praying  for  an  increase  per  diem  of 
county  surveyors. 
32 


250      '  JOURNAL  OF  THE 

Keferred  to  the  Select  Committee,  'Williams  of  I^es  Moines, 
Chairman. 

Mr.  Brown  of  Louisa,  presented  a  petition  from  John  Hnff  and 
sundry  citizens  of  Louisa  county,  asking  for  an  increase  per  diem 
of  county  surveyors. 

Referred  to  the  Select  Committee^  Williams  of  Dee  Moines, 
Chairman. 

Mr.  Rohlfs  presented  a  petition  from  J.  0.  Lane  and  one  hun- 
dred and  forty  citizens  of  Tama  county,  praying  for  a  repeal  of 
the  prohibitory  liquor  law,  and  the  enactment  of  a  license  law. 

Eieferred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Rohlfs  presented  a  petition  from  "W.  M.  Thomson,  and 
sundry  citizens  of  Scott  county,  praying  for  a  repeal  of  the  pro- 
hibitory liquor  law,  and  the  enactment  of  a  judicious  license  law. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Brown  of  Van  Buren,  presented  a  petition  from  Caleb  Kirk 
and  several  hundred  citizens  of  Van  Buren  county,  asking  for  the 
restriction  of  railroad  tariffs. 

Referred  to  the  Committee  on  Commerce. 

Mr.  Brown  of  Van  Buren,  presented  a  petition  from  J.  C. 
McOid  and  sundry  citizens  of  Van  Buren  county,  praying  for  a 
change  in  county  government. 

Referred  to  the  Committee  on  County  and  Township  Organiza- 
tions. 

Mr.  Poindexter  presented  a  petition  from  Aaron  Kimball  and 
sundry  citizens  of  Howard  county,  asking  that  the  per  diem  of 
county  surveyors  be  increased. 

Referred  to  the  Select  Committee,  Williams  of  Des  Moines, 
Chairman. 

Mr.  Brown  of  Madison,  presented  a  petition  from  G.  W.  Rice 
and  sundry  citizens  of  Madison  county,  asking  that  the  per  diem 
of  county  surveyors  be  increased. 

Referred  to  the  Select  Committee,  Williams  'of  Des  Moines, 
Chairman. 

Mr.  Brown  of  Madison,  presented  a  petition  from  William  Car- 
penter and  sundry  citizens  of  Madison  county,  remonstrating 
against  a  law  for  restraining  stock  from  running  at  large. 

Referred  to  the  Committee  on  Agriculture. 

Messrs.  Travis,  Knapp,  Abernethy,  and  Williams  of  Des  Moines, 
presented  petitions  from  their  respective  counties,  asking  for  an  in- 
crease of  the  per  djem  of  county  surveyors  and  sheriffs. 

Referred  to  the  Select  Committee,  Williams  of  Des  Moines, 
Chairman. 

Mr.  Knapp  presented  a  petition  from  William  Jones  and  sundry 
citizens  of  Hardin  county,  remonstrating  against  the  repeal  of  the 
prohibitory  liquor  law. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Travis  presented  a  petition  from  R.  S.  Peak  and  sundry  cit- 


HOUSE  OF  REPRB8BNTAT1VES.  251 

ixens  of  Davis  county,  prajicg  for  the  extension  of  the  jarisdiotion 
of  connty  courts. 

Keferred  to  the  Committee  on  Compensation  of  Public  Officers. 

Mr.  Tisdale  piresented  a  petition  from  A.  S.  Dodge  and  sundry 
citizens  of  Chickasaw  connty  asking  for  legislation  to  protect  sheep 
from  the  depredations  of  dogs. 

Referred  to  the  Committee  on  Agriculture. 

Mr.  Martin  presented  three  petitions  from  sundry  citizens  of 
Boone  county,  praying  that  the  present  General  Assembly  enact  a 
law'  resuming  to  the  State  of  Iowa,  all  the  lands  heretofore  granted 
to  the  Cedar  Kapids  and  Missouri  Bailroad  Company. 

Referred  to  the  Committee  on  Kailroads. 

Mr.  Sherman  presented  a  memorial  from  a  Society  of  Friends  in 
reference  to  the  rights  of  colored  persons. 

Referred  to  the  Committee  on  Federal  Belations. 

Mr.  Sherman  presented  a  petition  from  Sidney  West  and  sundry 
citizens  of  Polk  county,  in  reference  to  the  Des  Moines  River 
Lands. 

Referred  to  Select  Committee,  Martin,  Chairman. 

Mr.  Sherman  presented  a  memorial  and  Joint  Resolution  asking 
Congress  to  grant  the  same  aid  to  the  Iowa  Branch  of  the  Union 
Pacific  Railroad,  as  has  been  granted  to  the  Kansas  Branch  of  the 
same  road. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Safely  presented  a  petition  from  S.  S.  Smith,  and  sundry 
citizens  of  Cedar  connty,  praying  for  an  act  extending  the  juris- 
diction of  the  several  county  courts  of  the  State. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Safely  presented  a  petition  from  William  W.  Miller,  and 
sundry  citizens  of  Cedar  county  asking  for  a  law  prohibiting  the 
manufacture  and  sale  of  ale,  beer,  wine,  and  all  compounds  now 
sold  as  Stomach  Bitters. 

Refered  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Walden  presented  a  petition  from  C.  H.  Howell,  and  sun- 
dry citizens  of  Appanoose  county,  praying  for  an  act  extending 
the  jarisdiction  of  county  Courts  of  the  State  to  all  civil  cases. 

Referred  to  the  Committee  on  Judiciary. 

Mr.  Dudley  presented  a  petition  from  John  M.  Moss,  and  sundry 
citizens  of  Wapello  county,  asking  for  an  amendment  to  the  school 
law,  80  that  Sub-Districts  may  be  formed,  embracing  territory  of 
different  civil  townships. 

Referred  to  the  Committee  on  Schools. 

Mr.  Abbott  presented  a  petition  from  John  Clayton  of  Boone 
connty,  nraying  that  taxation  may  be  lightened  by  short  sessions 
and  worsing  members. 

Referred  to  the  Committee  on  Ways  and  Means. 

Mr.  Abbott  presented  a  petition  irom  W.  B.  Davis,  and  sundry 


252  JOURNAL  OP  THE 

citizens  of  Dallas  conntj,  remonstrating  against  the  repeal  of  the 
prohibitory  liqnor  law. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Thorn  presented  four  petitions  from  citizens  of  Clinton 
county,  praying  for  the  repeal  of  the  prohibitory  liqnor  law,  and 
the  enactment  of  a  judicious  license  law. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Graves  presented  a  petition  from  Adolphns  Jenkins,  and 
sundry  citizens  of  Emmitt  county,  praying  that  the  General  As- 
sembly devise  such  means  as  will  assure  the  completion  of  the  Du- 
buque and  Sioux  City  Railroad. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Thorn  presented  two  petitions  from  Producers  and  Shippers 
of  Cedar  and  Clinton  counties,  praying  the  General  Assembly  to 
regulate  the  tariffs  of  railroads. 

Referred  to  the  Committee  on  Railroads. 

Mr.  Crawford  presented  a  remonstrance  from  James  Knox,  and 
sundry  citizens  of  Adams  county  against  the  extension  of  time  to 
the  Burlingtion  and  Missouri  Railroad. 

Referred  to  the  Committee  on  Railroads. 

Mr.  McNutt  presented  a  petition  from  Abraham  Smalley,  and 
sundry  citizens  of  Muscatine,  asking  for  a  change  in  the  south  line 
of  the  City  limits  of  Muscatine. 

Referred  to  delegates  from  Muscatine  county. 

Mr.  Darwin. presented  two  petitions  from  the  ladies  and  gentle- 
men of  Burlington  City,  Des  Moines  county,  remonstrating  against 
the  passage  of  a  law  licensing  the  sale  of  spirituous  liquors. 

Referred  to  the  Committee  on  Suppression  of  Intemperance. 

MESSAGE  FBOM  THE   SENATE. 

I 

m 

Mb.  Speaxbe  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bills,  in  which  the  concur- 
rence of  the  House  is  asked : 

Senate  File  No.  72,  A  bill  for  an  act  to  provide  Justices  of  the 
Peace  with  a  copy  of  the  revision  of  1860. 

Substitute  for  Senate  File  No.  108,  A  bill  for  an  act  to  legalize 
certain  acts  done  by  James  B.  Thayer,  as  a  Commissioner  for  the 
State  of  Iowa,  with  and  for  the  Commonwealth  of  Massachusetts. 

Senate  File  No.  105,  A  bill  for  an  act  to  legalize  certain  official 
acts  of  Elias  Topliff,  late  School  Fund  Commissioner  of  Alamakee 
county  and  for  the  relief  of  the  Administrators  of  the  estate  of 
said  Topliff  and  their  grantees. 

Senate  File  No.  59,  A  bill  for  an  act  to  require  owners  of  thresh- 
ing machines  to  guard  against  accidents. 

Also,  the  Senate  has  passed  House  File  No.  18,  A  bill  for  an 
act  fixing  the  time  of  holding  courts  in  the  Eighth  Judicial  Dis- 
trict ;  and  House  File  No.  100,  A  bill  for  an  act  providing  for  the 


HOUSE  OP  REPRESENTATIVES.  253 

distribation  of  the  Adjutant  General's  Reports  of  1861  and  1865, 
without  amendment. 

J.  W.  DIXON,  Secretary. 

Mr.  DeForest  presented  a  petition  from  John  Wilson  and  other 
citizens  of  Johnson  Conntj,  paying  for  an  increase  in  sheriffs'  fees. 

Referred  to  the  Committee  on  Compensation  of  Public  Officers. 

Mr.  Griffith  presented  a  petition  from  A.  Ward  and  others, 
citizens  of  Warren  County,  claiming  to  have  expended  $180.00  in 
the  recruiting  service,  and  not  allowed  by  the  U.  S.,  and  asking 
relief  of  this  General  Assembly. 

Beferred  to  the  Committee  on  Claims. 

Mr.  Maxwell  presented  a  petition  from  O.  H.  Hamilton  in  rela- 
tion to  the  alteration  oi  the  game  law. 

Referred  to  the  Committee  on  Agriculture. 

BEPOBTS   OF    OOKMITTSBS. 

Mr.  Sherman,  from  the  Committee  on  Ways  and  Means,  submit- 
ted the  following  report : 

Me.  Speakeb: — I  am  instructed  by  the  Committee  on  Ways 
aod  Means,  to  report  back  Senate  File  No.  19,  A  bill  for  an  act  to 
repeal  Section  2,  Chapter  43,  laws  of  the  Tenth  General  Assembly, 
and  Section  3,  Chapter  17,  of  the  laws  of  the  Ninth  Gen^eral  As- 
sembly, and  recommend  its  indefinite  postponement. 

SHERMAN. 

Mr.  Sherman  from  the  same  Committee,  submitted  the  following 
report ; 

Mb.  Spb&keb: — I  am  directed  by  the  Committee  on  Ways  and 
Means,  to  return  to  the  House  a-  petition  of  citizens  of  Henry 
County,  asking  the  passage  of  a  law  to  tax  bees,  and  recommend 
its  reference  to  the  Judiciary  Committee. 

SHERMAN. 

Mr.  Sherman,  from  the  same  Committee,  submitted  the  follow- 
ing report : 

Me.  Speaksb  :-;-I  am  directed  by  the  Committee  on  Ways  and 
Means,  to  report  that  the  Committee  has  had  under  consideration 
Senate  File  No.  2,  and  House  File  No.  61,  providing  for  the  eleC' 
tioa  of  Township  Collectors,  and  defining  their  duties,  and  instruct 
me  to  return  the  bills  to  the  House  without  recommendation. 

SHERMAN. 

Mr.  Thorn,  from  the  Committee  on  County  and  Towniship  Or- 
ganization, reported  back  House  File  No.  156,  A  bill  for  an  act  to 
amend  Section  447,  of  the  revision  of  1860,  affixing  a  penalty  up- 
on Township  Oflicers,  for  refusing  to  qualify  and  serve,  with  the 
recommendation  that  the  same  do  not  pass. 

Mr.  Joy  from  the  Committee  on  the  Compensation  of  Public 
Officers,  submitted  the  following  report : 

The  Committee  on  Compensation  of  Public  Officers,  to  whom 


254  JOURNAL  OP  THE 

was  referred  IIonBe  File  No.  58,  pro\^ding  for  the  employment  of 
a  clerk  in  prelincinary  examinations  before  a  Justice  of  tlie  Peace, 
have  had  the  same  under  consideration,  and  being  of  the  opinion 
that  no.  change  in  the  present  law  is  advisable  have  instructed 
me  to  report  tne  same  back  to  the  house  with  the  recommendation 
that  the  bill  be  indefinitely  postponed. 

WM.  L.  JOY,  Chairman. 

Mr.  Joy,  from  the  same  Committee,  submitted  the  following 
report : 

The  Committee  on  Compensation  of  Public  Officers,  to  whom 
was  referred  Bouse  File  No.  44,  A  bill  authorizing  the  emp,loy- 
ment  of  a  clerk  in  the  trial  of  certain  cases  before  a  Justice  of  the 
Peace,  have  had  the  same  under  consideration,  and  being  of  the 
opinion  that  the  proposed  change  in  the  law  would  be  inexpedient, 
as  it  would  largely  increase  the  expense  in  such  criminal  triale, 
have  instructed  me  to  report  the  same  back  to  the  House  with  the 
recommendation  that  the  bill  be  indefinitely  postponed. 

WM.  L.  JOY,  Chairman. 

Mr.  Joy,  from  the  same  Committee,  submitted  the  following 
report: 

The  Committee  on  Compensation  of  Public  Officers,  to  whom 
was  referred  the  resolution  fixing  the  compensation  of  the  tempo- 
rarv  officers  of  the  House,  have  had  the  same  under  consideration, 
and  with  the  following  amendments,  viz:  Strike  out  four  dollars 
per  day  and  insert  three  in  the  line  fixing  the  compensation  of    •^ 

Sostmaster,  and  add  three  dollars  per  day  for  two  aays  for  the 
peaker^o  tempore — have  instructed  me  to  report  the  same  back 
to  the  house  with  the  recommendation  that  the  same  be  referred 
to  the  Committee  on  Ways  and  Means,  with  instructions  to  pro- 
vide for  the  payment  of  the  same  in  the  general  appropriation  bill. 

WM.  L.  JOY,  Chairman. 

The  report  was  concurred  in  and  the  resolution  so  referred. 

Mr.  Glasgow,  from  the  Committee  on  Military  Affairs,  submit- 
ted the  following  report :  , 

Your  Committee  on  Military  Affairs  to  whom  was  referred  the 
petition  of  certain  citizens  of  Clarke  county  asking  for  the  passage 
of  a  Pension  Law  in  this  State,  have  had  the  same  under  consider- 
ation, and  have  instructed  me  to  report  the  petition  back  to  the 
House  with  the  recommendation  that  the  prayer  of  said  petitioners 
be  not  granted,  for  the  reasons  that  in  the  opinion  of  your  Com- 
mittee, it  would  be  for  the  best  interests  of  tne  State  for  the  Gen- 
eral Assembly  to  retain  the  immediate  and  entire  control  of  the 
claims  of  soldiers  against  the  State;  and  further,  that  it  would  be 
more  expensive  to  the  State  to  organize  and  complete  a  Pension 
Bureau  than  to  pay  all  just  and  legal  claims  of  soldiers  against  the 
State,  as  such  claims  are  but  few. 

S.  L.  GLASGOW,  Chairman. 


HOUSE  OF  REPRB8BNTATIVE8.  255 

Mr.  Tisdale,  from  the  Committee  on  Enrolled  Bills,  submitted 
the  following  report : 

Mb.  Spsakeb  : — Your  Committee  on  Enrolled  Bills  has  exam- 
med  House  File  Nos.  83  and  14,  find  the  same  correctly  enrolled, 
and  present  them  for  your  signature. 

G.  J.  TISDALEj.Chairman. 

Mr.  Hale  moved  that  when  this  House  adjourn,  it  be  until  nine 
o'clock  A.  M.  to-morrow. 

The  motion  prevailed. 

Mr.  Crawford  asked  that  a  certain  petition  of  citizens  of  Adams 
county,  heretofore  presented  by  him  and  referred  to  the  Committee 
on  Railroads,  be  referred  to  a  select  committee  of  five  members 
residing  upon  the  line  of  the  B.  &  M.  K.  B. 

The  request  was  granted,  and  the  petition  was  referred  to  the 
following  Committee,  viz. :  Messrs.  Hale,  Crawford,  Landes,  Dud- 
ley, and  Dashiel. 

INTBODirOTION   OF  BILLS. 

Mr.  Bennett  introduced  House  File  No.  177,  A  bill  for  an  act  to 
legalize  the  acts  of  the  Board  of  Supervisors  of  Washington  Co., 
Iowa,  which  was  read  a  first  and  second  time,  and  referred  to  the 
Committee  on  Judiciary. 

Mr.  Crawford  introduced  House  File  No.  178,  A  bill  for  an  act 
to  repeal  Section  2  of  Chapter  102,  Acts  of  the  Tenth  General  As- 
sembly, which  was  read  first  and  second  times,  and  referred  to  the 
Committee  on  Schools. 

Mr.  Crawford  introduced  House  File  No.  179,  A  bill  for  an  act 
to  amend  Section  5  of  Chapter  14.8  of  the  Acts  of  the  Ninth  Gen- 
eral Assembly  entitled  "  An  act  for  the  better  protection  of  the 
School  Fund,"  which  was  read  a  first  and  second  time,  and  referred 
to  the  Committee  on  Schools. 

Mr.  Van  Leuven  introduced  House  File  No.  180,  A  bill  for  an 
act  to  enable  the  city  of  Bella,  Marion  county,  to  incorporate  as  a 
city  of  the  second  class,  which  was  read  a  first  and  second  time, 
and  referred  to  the  Committee  on  Incorporetion. 

Mr.  Comfort  introduced  House  File  No.  181,  A  bill  for  an  act 
to  amend  Section  2  of  Chapter  118  of  the  Acts  of  the  Tenth  Gen- 
eral Assembly  relating  to  the  School  Fund,  which  was  read  a  first 
and  second  time,  and  referred  to  the  Committee  on  Schools. 

Mr.  Hnggins  introduced  House  File  No.  182,  A  bill  for  an  act 
to  increase  the  compensation  of  County  Surveyors,  which  was  read 
a  first  and  second  time,  and  referred  to  the  Select  Committee— Mr. 
Williams,  of  Des  Moines,  Chairman. 

Mr.  Rogers  introduced  House  File  No.  183,  A  bill  for  an  act  for 
the  relief  of  indigent  persons,  which  was  read  a  first  and  second 
times,  and  referred  to  the  Committee  on  County  and  Township 
Organizations. 


256  JOURNAL  OP  THE 

Mr.  Rogers  introduced  House  File  No.  184,  A  bill  for  an  act  to 
legalize  tue  proceedings  of  certain  county  courts,  and  to  repeal 
Sec.  262  of  the  Revision  of  1860,  which  was  read  a  first  and  second 
times,  and  ordered  to  be  engrossed  and  read  a  third  time. 

Mr.  Rogers  introduced  House  File  No.  185,  A  bill  for  an  act  to 
provide  for  the  collection  and  settlement  of  the  "  Eads  "  School 
Fund  notes  and  mortgages,  and  for  other  purposes,  which  was  read 
a  first  and  second  times,  and  referred  to  the  Committee  on  Schools. 

Mr.  William^,  of  Des  Moines,  introduced  House  File  No.  186, 
A  bill  for  an  act  to  legalize  the  acts  of  O.  C.  Wightraan.  a  Notary 
Public,  which  was  read  a  first  and  second  times,  and  referred  to 
the  Committee  on  the  Judiciary. 

Mr.  Gaylord  introduced  House  File  No.  187,  A  bill  for  an  act  to 
more  generally  advertise  estrays,  which  was  read  a  first  and  second 
times,  and  referred  to  the  Committee  on  Agriculture. 

Mr.  Abbott  introduced  House  File  No.  188,  A  bill  for  an  act  to 
organize  a  commission  to  revise  the  laws  on  the  subject  of  conntj 
and  township  government,  which  was  read  a  first  and  second  times, 
and  referred  to  the  Committee  on  County  and  Township  Organiza- 
tions. 

«  RESOLUTIONS. 

Mr.  Comfort  introduced  the  following  resolution,  which  was 
adopted : 

Resolved  by  the  General  Assembly  of  the  State  of  Iowa,  That 
our  Senators  in  Congress  be  instructed,  and  our  Representatives 
requested,  to  use  their  best  efforts  to  procure  a  daily  mail  route 
from  Denison,  in  Crawford  county,  via  Mapleton  and  Smithland, 
to  Sioux  City,  in  Woodbury  county. 

Resolved^  That  the  Secretary  of  State  be  directed  to  forward  to 
each  of  our  Senators  and  Representatives  in  Congress  a  copy  of 
this  resolution. 

Mr.  Maxwell  offered  the  following  resolution,  which  was  adopted : 

Resolved  by  the  Home  of  Representatives^  tlie  Senate  cojicurring^ 
That  our  Senators  in  Congress  be  instructed,  and  our  Representa- 
tives be  requested,  to  use  their  influence  to  have  a  semi-weekly 
mail  route  from  Des  Moines,  Polk  county,  to  Webster  City,  in 
Hamilton  county,  via  Hickory  Grove,  in  Polk  county.  Point  Pal- 
estine, in  Story  county,  Ames,  in  Story  county,  Win.  Blenk's,  in 
Boone  county,  and  Saratoga,  in  Hamilton  county. 

Mr.  Martin  introduced  the  following  resolution  which  was  laid 
over  under  the  rule : 

Resolved^  That  Governor  Stone  be  requested  to  furnish  th'S 
House  the  result  of  his  doings  in  collecting  from  the  General  Gov- 
ernment the  deficit  due  the  State  of  Iowa,  from  the  five  per  cent 
of  the  sale  oT  the  Public  Lands  within  the  State. 

Also  what  expense  it  has  been  to  the  State  in  carrying  out  the 


HOUSE  OP  RBPRESBNTATIVE8.  257 

proTisions  of  Section  2,  Chapter  61,  Acts  of  the  Tenth  General 
Assembly. 

Mr.  Abbott  introduced  the  following  resolntion,  which  was 
adopted : 

Resolved  hy  ihe  Senate^  and  the  House  of  Hepresentatives^  That 
onr  Senators  in  Congress,  be  instrncted,  and  onr  Representatives 
requested  to  use  their  influence  to  proenre  for  so  much  of  the 
mail  ronte,  11079  as  lies  between  Adel  in  Dallas  County,  and 
Lewis,  in  Cass  County,  (supplying  by  said  route,  Bedfield,  Dale 
City,  Dalraanutha  and  Grove  City,)  a  daily  mail. 

Resolved^  That  the  Secretary  of  State.be  directed  to  forward  to 
each  of  our  Senators  and  Representatives  in  Congress,  a  copy  of 
these  resolutions. 

Mr.  Comfort  introduced  the  following  resolution  which  was  laid 
over  under  the  rule  : 

Resolved^  That  his  Excellency,  the  Governor,  is  hereby  most  re- 
spectfully requested  to  furnish  this  House  with  a  list  of  the  vouch- 
ers referred  to  in  his  late  communication  to  the  General  Assembly, 
relating  to  the  extraordinary  expenses  of  the  Executive  Depart- 
ment, showing  the  number,  to  whom  paid,  for  what  paid,  and  the 
amount  of  each,  of  the  several  vouchers,  as  required  by  Section 
27,  of  Chapter  32,  of  the  Acts  of  the  Tenth  General  Assembly. 

Mr.  Abbott  offered  the  following  resolntion  which  was  adopted  : 

Resolved^  That  the  Committee  on  the  Judiciary,  be  instructed 
to  report  a  bill  for  a  law,  fixing  the  time  at  which  the  tax  on  per- 
sonal property  shall  become  a  Tien  on  the  realty. 

On  motion  of  Mr.  Barker,  the  consideration  of  the  Special  Order 
for  this  hour  being  the  resolution  relative  to  regulating  the  tariffs 
of  Railroad  Companies,  was  postponed  until  Saturday  next,  at  10 
o'clock  A.  M. 

ICBSSAGES  ON  THE  SPEAKEB^S  TABLE. 

The  Speaker  presented  the  following  report  from  Hon.  J.  A. 
Harvey,  Register  of  the  State  Land  Ottice,  which,  on  motion  of 
Mr.  Sherman,  was  laid  upon  the  table  and  ordered  printed : 

STATE  LAND  OFFICE,         ) 
Des  Moines,  Iowa.  February  10th,  1866.  f 

How.  Ed  Wbight,  Speaker  of  Ihe  House  of  Representatives — 

Sie:  I  have  the  honor  to  acknowledge  the  receipt  of  the  follow- 
ing resolntion,  passed  by  the  House  on  the  6th  inst.,  to*wit : 

"  Resolved^  That  the  Governor  and  Register  of  the  State  Land 
Office  be  requested  to  furnish  this  House  any  information  in  their 
respective  omces,  (not  contained  in  the  report  of  said  Register,) 
relative  to  the  swamp  land  claims  of  the  several  counties  of  this 
State  against  the  Oeneral  G-overnment;  the  difficulties,  if  any,  in 
the  way  of  a  speedy  settlement  of  the  same,  with  a  copy  of  such 
communications  as  they  may  have  received  from  the  Department 
33 


258  JOURNAL  OP  THE 

of  the  Interior,  and  from  our  swamp  land  agents  at  Washington, 
if  any,  relating  thereto.  Also,  what  counties  have  sold  their 
swamp  land  interests  to  the  American  Emigrant  Company,  or 
other  persons,  with  such  information  relating  to  such  sales  as  may 
be  in  their  possession." 

And  in  answer  thereto,  would  state  : 

First :  That  the  communications,  copies  of  which  are  herewith 
transmitted,  to-wit : 

1st — A  letter  from  Mr.  Baker,  swamp  land  agent  at  Washington, 
to  the  Governor,  dated  Jan.  4,  1866  ; 

2d — A  list  of  counties,  accompanying  said  letter,  with  the 
amount  of  cash  and  scrip  indemnity,  &c.,  and  other  memoranda; 

3d — A  letter  from  the  Commissioner  of  the  General  Land  OflSce 
to  the  Governor,  dated  Feb.  2, 1864 ; 

4th — A  communication  trom  the  Commissioner  of  the  General 
Land  Office  to  the  Secretary  of  the  Interior,  dated  Feb.  23,  1864; 

5th — Letter  from  Mr.  Baker  to  this  office,  dated  Jan.  3, 1866 ; 

6fch — Letter  from  Mr.  Baker  to  this  office,  dated  Jan.  31,  1866 ; 

7th — Letter  from  Secretary  to  the  Commissioner,  dated  Jan.  30, 
1866,  announcing  his  decision  in  the  appeal  case ;  and 

8th— Letter  from  Mr.  Baker  to  this  office,  dated  Feb.  9, 1866 ; 
contain  all  the  information  I  am  able  to  furnish  relative  to  the  dif- 
ficulty in  settling  our  swamp  land  claims  not  presented  in  my  re- 
port.    These  communications  have  all  been  received  at  this  office 
since  the  date  of  said  report. 

Mr.  Baker  has  also  furnished  this  office  with  a  copy  of  his  argu- 
ment and  report  of  the  Court,  in  the  case  appealed  to  the  Secre- 
tary. But  as  it  was  referred  to  in  my  report,  and  contains  nothing 
additional,  and  does  not  come  within  the  scope  of  the  resolution,  I 
deem  it  unnecessary  to  transmit  it  to  the  House. 

Secondly  ;  As  to  the  disposition  by  some  of  the  counties  of  their 
swamp  land  interest,  I  can  only  say  that  it  appears  from  the  list  of 
Mr.  Baker,  herewith,  and  other  information  received  at  this  office, 
that  the  **  American  Emigrant  Company,"  claims  an  interest  in 
the  Swamp  Land  claims  of  the  following  counties,  having  bought 
the  entire  interest  of  some,  of  others  only  a  part,  and  being  em- 
ployed by  others  to  procure  a  settlement  with  the  United  States, 
receiving  a  certain  per  cent,  on  the  proceeds  of  such  settlement  as 
their  compensation,  to-wit :  Adams,  Audubon,  Carroll,  Calhoun, 
Cass,  Cerro  Gordo,  Crawford,  Greene,  Franklin,  Hancock,  Kos- 
suth, Madson,  Mitchell,  Monona,  Montgomery,  Page,  Plymouth, 
Shelby,  Taylor,  Wayne,  Winnebago  and  Wright. 

As  to  the  extent  and  conditions  of  their  contract  with  these  sev 
eral  counties,  I  am  not  fully  advised.  In  1863  communications  were 
submitted  to  Governor  Kirkwood,  from  the  counties  of  Oerro  Gor- 
do and  Hancock,  alleging  that  by  misrepresentation  and  fraud 
said  company  had  procured  from  said  counties  contracts  by  which 
they  were  to  receiye  one-half  of  all  the  proceeds  of  the  claims, 


HOUSE  OP  RBPRETSENATIVEB.  259 

both  of  cash  and  land,  and  $1,000.00  from  each  coanty  in  addition, 
and  rescinding  said  contracts.  Bnt  subsequently,  to-wit :  On  the 
30ih  of  September,  1863,  Mr.  McKay,  on  behalf  of  the  Company, 
deposited  in  this  office,  copies  of  resolutions  adopted  by  tne 
Boards  of  Supervisors  of  both  said  counties,  annulling  their  pre- 
vious action,  in  rescinding  said  contracts  on  the  ground  of  fraud,  and 
expressing  their  satisfaction  that  no  unfair  means  had  been  resorted 
to  in  obtaining  said  contracts. 

Lucas  county  sold  all  her  Swamp  Land  claim  to  Robert  Cole, 
Esc^.,  of  Chariton,  but  on  what  terms  I  do  not  know. 

^o  counties  other  than  those  above  mentioned,  have,  to  my 
knowledge,  sold  their  Swamp  Lands,  or  disposed  of  their  Swamp 
Land  interests,  otherwise  than  as  provided  and  authorized  by  law. 

The  State  has  not  recognized  these  sales  in  any  manner,  so  as  to 
affect  her  acta  or  relation  with  the  general  Government  in  the  set- 
tlement of  the  claims.  The  adjustment  of  the  claims,  the  location 
of  the  scrip,  &c.,  must  be  conducted  in  the  name  of  the  State,  and 
the  land  after  being  patented  to  the  State,  will  be  patented  by  the 
State  to  the  counties,  leaving  it  with  them  to  carry  out,  or  repudi- 
ate, as  they  see  lit,  their  contracts  with  their  grantees. 

In  most  cases,  however,  the  grantees,  or  some  person  in  their 
interest  and  employment,  has  been  appointed  as  special  agent  un- 
der the  act  of  1862,  to  make  .settlement  with  the  general  Govern- 
ment, upon  the  recommendation  of  the  counties.  Under  that  act 
tiiese  special  agents  are  authorized  to  receive  the  proceeds  of  such 
settlement,  and  thus  get  possession  of  the  warrants  for  the  cash 
indemnity.  This  fact  will  of  course  affect  the  interest  of  the  coun- 
ties in  case  they  attempt  to  repudiate  the  contracts. 

These  communications  show  the  necessity  of  the  early  adjust- 
ment of  the  Swamp  Land  matters.  Time  only  increases  the  dif- 
ficulties. If  possible,  some  more  adequate  provision  should  be 
immediately  made  for  the  accomplishment  of  this  object. 

I  would  suggest,  also,  that  the  charges  against  the  Emigrant 
Company  contained  in  these  communications  should  be  looked 
into;  that  said  Company,  if  innocent,  may  be  set  right;  and  if 
goilty,  that  the  State  may  clear  herself  of  all  apparent  complicity 
with  the  fraud,  and  show  that  she  is  not  acting  m  bad  faith. 

Bespectfully  submitted, 

J.  A.  HARVEF,  Register. 


Washington,  D.  C,  Jan.  4, 1860. 
To  Ilis  Excellency y  Win,  M.  Stone^  Governor  of  Iowa  : 

Sib  :  I  would  present  to  you  a  brief  statement  of  the  swamp 
land  interest  of  the  State  of  Iowa.  Enclosed  herewith  is  a  list 
of  the  counties,  with  the  amounts  settled  and  unsettled  as  far  as 
selections  have  been  reported.    You  see  by  said  lists  the  amount 


260  JOURNAL  OF  THE 

adjasted  is  about  $180,000  in  cash  and  170  to  180  acres  of  land ; 
most  of  the  land  scrip  has  been  located  and  passed  into  patents. 
There  is  worked  up  and  ready  for  sending  up  to  the  Secretary  for 
his  approval  50  or  $60,000  more,  and  some  land.  Of  this  last  amount 
nearly  $50,000  fall  under  the  suspension  of  last  June,  and  on  ac- 
count of  which  I  took  an  appeal  to  the  Secretary  of  the  Interior 
(which  case  Mr.  Harvey  says  he  has  handed  over  to  you,  or  a  copy 
of  it  as  presented.)     I  would  inform  you  that  by  a  recent  order  of 
the  Secretary  "  to  the  Commissioner  of  the  General  Land  Office, 
our  Iowa  claims  are  ordered  up  for  adjustment  under  the  several 
acts  of  Congress.     Now  you  will  observe  this  is  just  what  I  claim- 
ed in  the  appeal  case,  and  it  is  only  another  way  of  getting  to  the 
same  point.     I  would  inform  you  that  five  of  the  suspended  cases 
have  been  sent  up  and  approved  by  the  Secretary  of  the  Interior 
and  I  suppose  the  drafts  will  be  sent,  and  I  would  also  say  that  the 
Chickasaw  county  case  which  was  the  cause  of  the  suspension  was 
$29,572,   while   the  other  seven  counties  all  together  amount  to 
about  $17,000.     The  two  largest  of  these  are  still  held  up  with 
Chickasaw,  viz. :  Black  Hawk  and  Fayette  counties.     The  Commis- 
sioner under  the  recent  order  has  ordered  up  the  lands  in  place, 
(that  is  the  patenting  of  the  vacant  lands).     The  order  is  to  bring 
the  lists  to  the  tests  of  the  field  notes  where  there  is  a  conflict  with 
the  railroad  grants.     To  this  I  object.     The  State  did  not  accept  the 
field  notes  as  the  basis  of  making  selections.     The  field  notes  and 
plats,  of  the  early  surveys  before  the  passage  of  the  Act  of  2Sth 
September,  1850,  and  up  to  1855  of  the  surveys  in  our  State,  are 
almost  silent  as  to  indicating  the  swamp  lands,  and  such  a  course 
would  give  all  the  odd  sections  coming  within  their  limits  to  the 
railroad,  or  nearly  so,  and  I  would  prefer  no  action  at  all,  on  the 
list  that  were  reported  before  8d  of  March,  1857,  than  this.     As 
soon  as  this  would  be  done  the  lands  would  be  approved  to  the 
railroads,  and  then  the  counties  would  have  to  contend  for  their 
rights  with  railroad  companies  the  same  as  Fremont  and  Mills 
counties  have  done.     This  course  is  not  so  objectionable  on  the  se- 
lections that  were  reported  after  3d  of  March,  1857.     In  most  of 
these  counties  the  Government  survey  was  made  at  a  later  day,  and 
after  the  passage  of  the  act,  and  the  swampy  character  of  the 
tracts,  are  more  definitely  delineated  on, the  plats  and  field  notes, 
and  the  State  will  be  getting  something.     I  learned^ yesterday  that 
the  Secretary  had  sent  to  you,  "  asking  how  the  State  wished  this 
matter  settled. "     I  have  no  doubt  that  if  you  should  say  we  will 
take  the  swamp  lands  under  the  grant  and  from  the  lists  as  reported 
they   would  go  on  and  patent  the  lands,  as  the  Department  re- 
gards both  grants  to  the  State,  and  Bay  they  get  the  lands  under 
one  or  the  other  grants.     I  think  the  State  stands  as  a  trustee  for 
both  grants,  "  and  is  not  particularly  interested,  as  she  has  parted 
with  her  swamp  interest  to  the  counties  ;  and  the  railroad  grant,  al- 
though to  the  State,  was  for  the  benefit  of  the  railroad  companies ; 


HOUSE  OF  REPRBSBNTATIVES.  261 

and  there  are  the  instructionB  of  February  8, 1860,  for  adjusting 
the  two  grants,  and  the  office  is  bound  by  them  until  a  change  is 
made,  and  it  is  a  bundle  of  inconsistencies  from  beginning  to  end ; 
aud  I  think  I  can  get  a  change  of  that  ruling  and  am  now  prepar- 
ing a  case  for  that  purpose.  I  think  the  Secretary  will  not  feel  as 
mnch  like  sustaining  J.  Thompson's  decision  as  he  did  Judge  Ed- 
mnnds's,  in  the  late  case. 

Now  there  is  another  thing  in  this  order  of  the  Commissioner 
equally  objectionable,  (on  the  indemnity  claim,)  where  the  coun- 
ties (claims)  are  large,  say  9,000  acres  or  more.  I  say  this  for  the 
reason  I  asked  to  have  tal^en  up  and  adjusted  some  twelve  or  fifteen 
counties,  all  in  fact  that  have  their  proofs  tiled,  and  had  made  se- 
lections before  3d  of  March,  1857,  and  he  asked  me  to  state  about 
the  amount  of  each  claim,  on  the  list,  and  he  has  ordered  the  proof 
to  be  examined  on  all  that  had  less  than  9,000  acres,  and  further 
ordered  as  to  the  other,  to  bring  them  to  the  test  of  the  field  notes. 
One  of  those  counties  is  Delaware.  Oovemment  survey  was  made 
there  I  think  as  early  as  1843,  and  there  are  others  equally  incon- 
sistent. I  don't  like  to  complain  too  much,  but  this  order  appears 
to  me  to  be  entirely  out  of  place,  and  no  law  or  authority  for  it, 
and  it  is  exercising  another  of  the  prerogatives — they  claim  the 
right  in  the  appeal  case,  I  am  opposed  to  their  applying  the  field 
notes,  as  a  test  in  any  way,  on  the  early  surveys  in  our  State. 
There  is  no  justice  in  it,  and  there  is  no  authority  except  arbitrary. 
This  test  may  do  in  the  late  selections,  or  most  of  them ;  but  the 
office  claims  there  is  no  indemnity  produced  only  on  selections  re- 
ported before  3d  March,  1857.  It  seems  to  me  they  have  lost  sight 
of  the  provision  of  the  act  of  3d  of  March,  1857,  viz. :  "  Provided, 
however,  that  nothing  in  this  act  contained,  shall  interfere  with  the 
provisions  of  the  act  of  Congress  entitled  "  An  act  for  the  relief  of 
purchasers  and  locators  of  swamp  and  overflowed  lands,  approved 
march  2d,  1855,  which  shall  be  and  is  hereby  extended  to  all  en- 
tries and  locations  of  land  claimed  as  swamp  land,  made  since  its 
passage,"  approved  March  3d,  1857.  In  a  case  presented  for  Ham- 
ilton county  by  me,  I  claimed,  the  selections  having  been  made  in 
1856,  and  reported  to  the  Surveyor-General  on  the  9th  of  January, 
1S57,  and  come  upon  the  files  of  the  office  of  the  Commissioner,. 
March  6th,  1857,  tney  were  entitled  to  be  adjusted  under  the  ruling 
of  the  Department,  and  for  this  reason  they  were  put  into  the 
handd  of  the  Survoyor-General,  as  required  m  their  instructions, 
to  be  certified  by  him.  His  certificate  being  a  requisite  of  the  of- 
fice, that  when  the  lists  were  put  into  his  hands,  they  were  out 
from  under  the  control  of  the  State,  and  especially  under  the  con 
trol  of  the  office  of  the  Commissioner  of  the  General  Land  Office^ 
and  if  that  was  not  sufiicient,  I  cited  them  to  the  act  above  as  ex- 
tended to  all  others,  &c.  You  must  be  patient  with  me,  as  the  mat- 
ters I  seek  to  bring  before  you  are  numerous.  In  reference  to  the 
claims  that  I  asked  to  have  taken  up,  three  of  those  claims  belong 


262  JOURNAL  OF  THE 

to  the  American  Emigrant  Company ;  and  their  three  counties  are 
more  than  all  the  balance,  and  it  is  the  largeness  of  those  claims 
that  has  called  out  the  order  to  bring:  them  to  the  test  of  the  field 
noted.  The  whole  claim  presented,  for  the  twelve  counties,  is  for 
80  or  90,000  acres,  and  their  three  counties  is  over  50,000  of  it. 
The  Commissioner  says  to  me,  "that  this  Company  have  attempted 
to  practice  so  many  frauds  on  the  Department  that  they  were  sus- 
picious of  any,  and  every  claim  they  had,"— that  in  every  case 
they  had  investigated,  they  had  found  the  most  stupendous  frauds. 
I  have  no  hesitation  in  saying  if  it  was  not  for  the  operations  of 
this  Company,  that  we  would  not  have  the  trouble  we  are  having. 
It  is  their  operations  that  have  caused  the  suspension  of  our  claims. 
It  is  their  operations  that  have  called  out  the  stringent  rulings  of  the 
Department.  It  is  their  operations  in  making  representations  as 
to  the  rulings  of  the  Department,  and  that  they  were  peculiarly 
favored  by  the  Department  in  getting  contracts  and  purchasing 
the  interest  of  the  counties  to  their  Swamp  Lands  for  a  mere 
pittance ;  and  it  is  this,  the  Department  feels  that  the  counties 
have  not  acted  in  good  faith  under  the  grant.  The  grant  was  for 
a  specitic  purpose,  and  the  object  and  intent  of  it  is  diverted  from 
the  original  intent,  and  the  Department  have  thousrht  and  believed, 
the  ^tate  should  take  such  action  as  would  bring  it  back  to  its 
original  intent.  Hence  the  letter  to  His  Excellency,  Governor  ot 
Iowa,  February  2,  1864,  (a  copy  of  which  is  enclosed,  and  also  a 
copy  of  a  letter  to  Secretary,  of  February  23,  1864:.)  Now,  it  is 
not  for  me  to  say  there  is  a  remedy,  hut  I  have  no  hesitation  in 
saying  here  is  our  great  difficulty.  The  Department  have  co|jie9 
of  contracts  they  have  made  with  some  of  the  counties,  they  have 
representations  from  some  counties,  that  those  contracts  have  been 
obtained  by  fraud,  and  by.  misrepresentation,  that  bribery  has  been 
resorted  to,  to  obtain  the  contracts  in  various  forms. 

I  have  said  this  much  in  regard  to  the  American  Emigrant  Co., 
in  justice  to  myself  and  injustice  to  the  Department,  as  forming 
some  excuse  for  their  action  on  our  claims.  I  have  endeavored  to 
steer  clear  of  their  claims  as  much  as  possible,  knowing  that  they 
were  not  in  good  order  with  ttie  Department,  but  duty  required  me 
to  present  those  three  last  counties,  viz. :  Cass,  Shelby  and  Wayne, 
as  they  were  on  the  files  of  the  office  and  were  entitled  to  their 
place,  if  no  charge  was  brought  against  them.  I  enclose  with  this 
the  lists  of  the  Counties ;  those  marked  A.  E.  Co.,  are  the  Amer- 
ican Emigrant  Company  claims.  There  are  several  others  they 
have  the  contracts  for  settling  with  the  Department,  getting  one- 
half  of  all  indemnity,  and  one-half  of  all  the  land,  the  counties 
paying  them  $1,000  besides.  Of  these  is  Cerro  Gordo,  Franklin, 
Mitchell,  &c. 

Very  respectfully  yours, 

WM.  BAKER,  Agent. 


HOUSE  OF  RBPKBSENTATlVEa 


263 


LIST  ACCOMPANYING  THE  POREOINO  LETTER. 


COUNTIES. 


LAND. 


CjLSn  AD- 
JUSTED. 


Adiusred 

A.  k  Co ;  adjus'd 
Adjusted 


A.£.Co. 


Saspen'n  with- ) 
drawn  Dec.  23. ) 

AE.Co 


8tiBpen*n  with- ) 
drawn  Dec.  28.  i 

Siispen*a  with- ) 
drawn  Dec.  28. ) 


Su«pen*n  with- ) 
drawn  Dec.  28.  \ 


AE  Co. 
AKCo 
A  E,  Co. 


..[drawn  Dec. 28 
Suspension  with- 


Adair 

Adams 

Alamakea . . . 
Appanoose . . 
Audubon..  .. 
Black  Hawk. 

Boone 

Buchanan . . . 

Butler 

Cass 

Cedar 

Chickasaw  .. 

Clayton 

Clinton 

Dallas 

Decatur 

Des  Moines.. 
Dubuque . . . . 

Payette 

Fremont  . . . . 

Guthrie 

Harrison 

Henry 

Iowa 

Jasper 

Johnson 

Jones 

Keokuk 

Louisa 

Lucas 

Mahaska.... . 

Marion 

Marshall  . . . . 

Mills 

Monona  . . . . 
Montgomery. 

Paee 

Polk 

Pottaw'tt'mie 

Tama 

Washington  . 
Washington . 


$2595 

748 

6331 

3860 

3572 

4858 

1049 

1839 

11056 

560 

6466 

19769 

208 

600 

200 

2639 

2920 

840 

4872 

1904 

4634 

600 

1400 

3434 

2239 

15412 

6222 

4891 

12316 

2200 

2233 

120 

5827 

-4180 

10314 

4740 

600 

^975 

4372 

1032 

5320 


13 
70 
48 
00 
84 
01 
69 
18 
15 
00 
56 


00 
00 
46 
00 
00 
22 
00 
30 
00 
00 
42 
61 
99 
07 
60 
32 
00 
60 
00 
30 
00 
67 
00 
00 
92 
45 
00 
00 


$8690 
4303 
6259 
2475 
6323 
5869 
1860 
1922 
15125 
2721 
7098 
85129572 
33  245 
111 
1300 
4937 
501 
325 
7214 
6182 
2841 
2765 
607 
7386 
4204 
9818 
8168 
6006 
10759 
3242 
195 
287 
8381 
12546 
8078 
9630 
4292 
7267 
10250 
1150 
2621 
1501 


05 
45 
30 
44 
47 
16 
33 
22 
66 
87 
93 
81 
18 
36 
00 
18 
68 
21 
53 
00 
18 
72 
09 
18 
39 
09 
74 
93 
42 
17 
00 
60 
51 
62 
04 
51 
89 
57 
85 
00 
00 
08 


Cash  part  of  this  claim  sus- 

[pended  without  charge. 

Cosh  suspended  June  1st,  with- 

[out  charge. 

This  county  has  proof  filed  for 
[25,000  acres  more  by  A.  E.  Co. 
Cash  part    suspended— fraud 

[alleged. 

No  proof  for  balance  of  claim. 


[charge. 

Suspended  cash  part  without 
Cash  part  suspended  without 

[charge. 

Cash  part  suspended  without 
[charge. 


Cash  part  suspended  without 
[charge. 


More  claimed  bv  Emigrant  Co. 

I.  41  u*  a  tt 


Proof  fird  for  more ;  unadjus'd . 
.  .[Proof  filed  but  unadjusted. 
Cash  6U8p*n*d  without  charge. 


80602  76 

The  following  is  a  list  of  the  Counties  whose  proofs  are  filed  and 
unadjusted,  that  made  their  selection  before  the  3d  of  March,  1867 : 

Benton Proof  filed  for  about  11,000  acres. 

ARCo  ...  Cass "....**  ..."..."...25,000.." 

"        "        "      "      10,000.." 

.9,000..".. 

11,000.." 

.6,000, 

.6,000. 

10,680. 

but  unadjusted. 


AE  Co... 


Delaware... 

Floyd 

Hamilton... 

Linn 

Muscatine . . 

Shelby 

Story 

Tama 

Washington 
AE.Co....|Wayne,... 


II 
(( 

u 
It 
li 


li 
u 
it 


tt 


It 


ik 


ti 
tt 
t( 


tl 
tt 
tt 
ti 
<( 


tt 
tt 
tt 
_»t 
tt 
tt 
<( 


tt 
ti 
tt 
ti 
tt 
ti 
tt 
tt 
tl 


It 
tt 
tl 


.2,800  acres. 
12^..".. 


264 


JOURNAL  OF  TH£ 


List  of  the  Counties  that  made  selections  before  3d  March,  1857, 
but  have  filed  proof : 


A.E.  Co... 


Howard 

JacksoD... 
Jefiferaon. . . 

Lee 

Monona. . . . 
Monroe  . . . . 

dcott 

Webster. . . . 
Winneshiek. 
Woodbury. . 
Van  Buren. 
Davis 


No  proof  filed—is  aboat  12,000  acres. 

.*». . ." *« "..."...  9,000. ."..., 

u       <i         II         it       tt  600     ** 

<t  4C  M  U  t(  QAO        W 


800. 


More  claimed  by  A.  E.  Co 

No  proof  filed 2,000  acres. 

."...« •* 600..".... 

."...*»  . .  .** 12,000. .". . . . 

."..."...." 10,000.."  .. 

."..."...." 20,000. 


t( 


C( 


". . .". ..."..  .selected.  .11,776 acres 

The  following  is  a  list  of  Counties  which  made  their  selections 
and  reported  them  after  3d  March,  1857,  and  are  held  by  the  Depart- 
ment as  not  entitled  to  indemnity,  for  the  reason  selections  were 
not  reported  before  3d  ]\iarch,  1857 : 


A.  E.  Co 

A.  E.  Co... 


A.  E.  Co. . . 


A.  E. Co... 


A.  E.  Co. . .  ■ 
A.  E.  Co . . . . 


A.  E,  Co . . . . 


A.  E.  Co. . . . 
A.  E.  Co.  •  • . 


A.  Jbj.  Co. . . 
A.  E.  Co. . . 


Buena  Vista 
Calhoun.. . . 

Carrol 

Cerro  Gordo. 
Cherokee  . . . 

Clarke 

Crawford. . . 

Clay 

DicKinson. . . 

Emmett 

Franklin 

Grundy...*.. 

Greene 

Hancock.. .. 

Hardin 

Humboldt. . . 

Ida. 

Kossuth. 

Madison, 

Mitchell. 

O'Brien, 

Oceola. 

Palo  Alto, 

Pocahontas 

Plymouth. 

liinggold. 

Sioux, 

Sac. 

Taylor 

Union 

Warren 

Winnebago 

Worth 

Wright 


Selection  after  3d  March,  1857->62,68l  acres. 

. . . ." " ". . . , . . .". . .  46,859.  .**. . . 

. . . ." " " ". . .   16,800. .". . . 

. . .  .** " " ". . .  14,644. .". . . 

...." " " "...  26,359..*-... 

" " "..^.. ..**...     2,030..**... 

..'* *» *'...     8,640..'*... 

..** ** **...  67.787,."... 

" " " **...  50,064.."... 

** ** " **...  97,507.."... 

" " ** **. . .  22,489. .". . . 

" *• ** **...     4,920.."... 

** " ** "...  50,064..**  .. 


(I 


tt 


tt 


tt 


." *• " "...   12,979.."... 

tt  tt  ti  tt  tt 


tt 
tt 
tt 


t( 
tt 
tt 


tt 


tt 


," **...  86,769 

tt  u 


tt 
tt 
It 
tt 


" " " "...  54.110. 

*•  "  "  1,432.."... 

«t 


tt 
tt 
It 
tt 
ti 
tt 
tt 
tt 

M 

tt 
tt 
tt 
tt 


tt 
(t 


(t 
tl 


tt 
tt 


," ** *•...  75,140 

tt  t(  tt 


tt 

* 

tt 


ti 
tt 

u 
tt 
tt 


io,o51  • .    • . . 
** •*...   25,073.."... 


tt 
It 
t< 


ct 
fl 
tt 
ft 
tt 
tt 
tt 
•t 


u 
tt 
tt 
tt 
tt 
tt 
tl 
tt 


u 


10.380. 

38,752.."... 

12,940.."... 

16,314..**... 

29,764..**... 

47,434.. ••... 

86.485..**... 

17,862.."... 


The  counties  marked  A.«E.  Co.,  areconnties  owned  by  the  Amer- 
ican Emigrant  Company.  I  think  there  are  several  others  they 
have  contracts  for,  viz  :  Frankhn,  Cerro  Gordo,  Mitchell,  &c. 


HOUSB  OF  REPRE6ENTATIVES.  265 


GENERAL  LAND  OFFICE,  ) 
February  d,  1864.        ( 

Uis  Excellency^  the  Oovemor  of  lowa^  De%  Moines^  Iowa  : 

Sir  :  I  have  the  honor  to  enclose  herewith  two  affidavits  for- 
warded to  this  office  by  J.  C.  Savery,  Esq.,  as  Agent  of  the  Amer- 
ican Emigrant  Company,  to  obtain  indemnity  under  act  of  March 
2d,  1S65,  for  alleged  swamp  lands,  the  same  being  but  samples  of 
a  large  mass  of  similar  testimony  as  to  lands  in  Greene,  and  vari- 
oas  other  counties,  forwarded  by  the  agent  of  said  company,  as 
bearing  upon  the  validity  of  said  testimony,  and  showing  the  man- 
ner in  which  it  was  obtained.  I  enclose  copies  of  three  affidavits 
made  re8)>ectively  on  the  9th,  12th,  and  15tn  of  December  last,  by 
John  Taylor,  John  Cooney,  and  Mason  Lyman,  whose  names  ap- 
pear on  the  proofs  referred  to.  It  will  be  observed  that  they 
Higiied  in  Uank^  that  they  never  made  answer  to  the  interrogatories 
therein,  nor  did  they  authorize  any  one  to  attach  answers  for  them, 
uordid  they  make*  oath  to  the  contents  thereof;  thus  making  it 
clear  not  only  that  the  proof  was  filZed  up  after  signature  and 
in  the  absence  of  tlie  signers^  but  that  they  were  never  sworn  to, 
notwithstanding  Mr.  Thomas,  as  Notary,  certifies  under  seal,  that 
they  were.  They  appear  not  to  have  known  even  that  he  was  a 
Notary.  Mr.  Thomas  is  on  proof  before  this  office  as  Notary  for 
various  counties.  Will  you  please  inform  me  whether  by  the  laws 
of  Iowa  a  person  can  act  as  Notary  for  a  county  of  which  he  is  not 
a  resident }  Be  pleased  to  return  to  me  the  two  printed  affidavits 
herewith,  that  they  may  be  filed  with  Ihe  case  to  which  they  belong. 
Very  respectfully,  your  obedient  servant, 

J.  M.  EDMUNDS,  Commissioner. 


GENERAL  LAND  OFFICE, ) 
F£BRuabt  28, 1864.       ( 

Hon,  J.  P,  Usher^  Secretary  of  the  Interior  : 

Sib  :  I  have  the  honor  to  lay  before  you  the  large  mass  of  affi- 
davits numbered  in  packages,  respectively  :  126, 128, 130, 131, 132, 
135, 136, 137, 138,  139,  140,  141, 142,  143,  145,  146, 147, 148, 149, 
150, 151,  sent  hither  by  the  American  Emigrant  Company,  to  show 
the  lands  therein  described  are  swamp  lands,  within  the  terms  of 
the  Swamp  Grant  of  September  28th,  1850,  selected  in  14  different 
counties,  viz :  Wright,  Cass,  Shelby,  Warren,  Wayne,  Greene, 
Clarke,  Ringgold,  Crawford,  Carroll,  Taylor,  Calhoun,  Franklin, 
and  Winnebago,  and  covering  in  the  aggregate,  by  estimation, 
300,000  acres.  These  lands  were  long  since  disposed  of  by  the 
34 


266  JOURNAL  OF  THE 

United  States,  as  fast  and  arable  lands,  and  the  object  of  filing  this 
proof  by  said  company  as  vendee  of  the  counties,  is  to  obtain  from 
the  United  States,  the  amount  in  cash,  for  so  much  of  fliose  lands 
as  were  sold  for  cash,  and  other  lauds  in  new  locations,  in  lieu  of 
such  portion  as  has  been  disposed  of  by  the  United  States,  by 
bounty  land  warrant  locations,  the  application  being  under  the 
indemnity  provisions  of  the  act  of  2d  March,  1855,  and  the  3d 
March,  1857. 

1.  After  the  lapse  of  some  13  years  from  the  date  of  the  orig- 
inal Swamp  Grant  of  1850,  and  some  eight  years  since  the  first  indem- 
nity act  of  1855,  and  long  after  said  lands  had  been  disposed  of  by 
the  government,  we  have  descriptive  data  of  these  lands  on  ex- 
parte  statements  produced  to  establish  their  swampy  character,  and 
obtain  their  equivalent  in  money  and  other  lands  from  the  Gov- 
ernment. All  the  tracts  embraced  by  this  proof  are  entered  in  the 
lists  herewith,  and  delineated  on  the  accompanying  diagrams  ex- 
hibiting the  particular  tracts  claimed  in  each  township,  and  the 
several  counties  are  colored  on  the  enclosed  nr^ap. 

The  premises  it  will  be  seen  are  mainly  in  the  longitudinal  cen- 
tre of  the  State  distant  on  the  west  side  from  the  Missouri  river, 
the  nearest  20,  and  some  130  miles;  and  on  the  east  side,  the 
nearest  100  miles  from  the  Mississippi,  the  periodical  inundation 
of  which  led  to  the  passage  of  the  Swamp  Grant  of  1850. 

2.  On  bringing  those  lands  to  the  test  of  the  official  field  notes, 
and  other  data  in  this  office,  it  is  found  that  their  alleged  swampy 
character  is  not  only  not  sustained,  but  absolutely  contradicted  by 
this  evidence  of  sworn  officers,  having  no  interest  whatever  in  the 
matter  and  hence  strictly  unquestioned  witnesses,  against  the  ap- 
plication as  wholly  destitute  of  merit,  not  even  a  meander  stream 
(with  the  exception  of  a  single  township)  running  through  any  of 
these  lands.  But  in  order  to  obtain  whatever  information  was 
available  by  actual  observation  bearing  upon  these  claims,  a  special 
agent  (W.  W.  Curtis)  was  by  your  approval  dispatched  to  the  re- 
gion in  question.  He  made  a  thorough  examination  of  lands  in 
Greene  County,  which  were  claimed  as  swamp.  His  report  here- 
with shows  that  the  claim  now  set  up,  so  far  as  Greene  County  is 
concerned,  is  wholly  destitute  of  merit, — that  the  lands  thus  claimed 
as  swamp  are  not  swamp  within  the  meaning  of  the  Act.  A 
portion  of  the  proof  was  sianed  in  hlanJc^  the  witnesses  never  fnade 
answers  to  the  interrogatories  nor  did  they  ever  authorize  any  one  to 
insert  answers  for  theni^  nor  did  they  make  oath  to  the  contents 
thereof  J  thus  showing  that  it  was  filled  up  after  signature,  and 
in  the  absence  of  the  signers  and  was  not  sworn  to  by  them  ;  not- 
withstanding a  Notary  certifies  under  seal  that  it  was.  The  wit- 
nesses testify  that  thev  did  not  even  know  that  the  agent  was  a 
Notary  •  all  this,  it  will  be  seen  is  now  asserted  by  them  under 
oath.  The  fact  is,  the  record  evidence  famished  by  the  field  notes, 
&Q.y  shows  the  region  in  question  to  be  mostly  high  and  rolling 


HOUSE  OF  REPRESENTATIVES*  267 

prairie,  the  small  streams,  ri^alets  and  rivers  not  furnishing  more 
than  the  requisite  supply  of  water  for  the  use  of  farmers.  This 
office  liolds  the  proof  now  submitted  by  the  parties  claiming  the 
indemnity  to  be  utterly  unreliable^  tainted  with  frauds  and  accord- 
ingly rejects  the  claims  for  indemnity  provided  thereon.  But  the 
whole  question  is  respectfully  submitted  for  the  revision  and  ulti- 
mate determination  of  the  Secretary  of  the  Interior. 

I  respectfully  refer  in  this  connection  to  the  enclosed  copy  of  our 
letter  of  9rh  of  November  last,  to  Mr.  Curtis,  and  to  the  princi- 
ples enunciated  in  our  report  of^  the  14th  of  December  la^t,  to  the 
Secretary,  in  the  appeal  case  of  S.  P.  Lyman.  In  connection  with 
this  matter,  and  in  order  to  protect  the  Government  against  such 
wholesale  and  unjust  demands  upon  the  public  Trea^ury^  I  take 
occasion  to  renew  the  recommendation  in  my  last  annual  report, 
that  the  precedent  to  the  allowance  of  any  such  claims  for  indem- 
nity under  the  said  act  of  1856,  the  State  shall  be  required  to  prove 
the  swampy  character  of  the  tracts  with  the  same  formality  and 
precision  as  is  now  required  in  cases  of  ordinary  pre-emption.  The 
vast  demands  still  hkely  to  be  mad9  upon  the  Treasury  and  the 
reckless  manner  in  which  those  interested  are  disposed  to  make 
their  proof  seem  urgently  to  demand  this  action  at  our  hands. 
Very  respectfully  your  obedient  servant, 

J.  M.  EDMUNDS,  Comissiouer. 


Washington,  D.  C.  Jan.  3, 1866. 
Hon.  J.  A.  Harvey,  Register  of  State  Land  Office  : 

Sir  :  Yours  of  the  28th  of  December  is  just  received.  I  am  very 
glad  to  learn  the  favorable  decision  to  the  Swamp  grant,  and  think 
it  will  be  sustained  through  the  courts.  Previous  to  receiving  your 
letter  announcing  the  decision,  I  was  about  filing  a  protest  against 
the  action  of  the  Department  in  the  manner  they  proposed  to 
adjust  the  grant.  I  may  say  here,  (as  I  think  I  did  not  in  my  last 
to  yon)  that  the  Secretary  of  the  Interior  has  ordered  the  Commis- 
sioner to  do  the  very  thing  I  asked  to  have  done  in  the  appeal 
case.  It  is  this,  to  take  up  and  adjust  the  swamp  grant  in  Iowa, 
under  the  several  acts  of  Congress.  Ist.  Lands  in  place.  2d,  In- 
denjnity  scrip.  3d,  Cash  indemnity.  Now,  to  the  j^lan  or  manner 
of  carrying  out  that  order:  1st — Lands  in  place,  the  commissioner 
sajs  that  where  conflicts  arise  between  the  railroad  grants  and  the 
swapip  grants,  to  bring  them  to  the  test  of  the  field  notes,  and 
settle  the  question  as  per  instructions  of  February  8,  1860,  the 
same  as  was  done  in  the  case  of  Fremont  and  Mills  counties.  To 
this. plan,  I  proposed  to  interpose  an  objection.  I  have  learned  this 
morning  for  the  first,  that  Secretary  Harlan  has  written  to  Gov- 
ernor Stone  as  to  how  the  State  authorities  wish  to  have  the  claim 
adjusted  between  the  two  grants.    Now,  if  Governor  Stone  should 


268  JOURNAL  OF  THE 

say  or  elect  that  the  grants  should  be  iirst  the  swamp  grant,  and 
from  the  list  reported  before  the  3d  March,  1867,  I  have  no  donbt 
but  the  Department  would  go  ahead  and  so  adjust  the  claim  (as  it 
is  a  clear  case)  of  the  two  grants  takes  the  land,  and  the  Depart- 
ment can  have  no  interest  to  which  grant  it  goes.     In  the  decision, 
or  rather  the  instructions,  of  February  8,  1860,   the  office  holds 
that  both  grants  '^  are  to  the  State,  and  it  does  not  matter  much  to 
which."     r^ow,  the  fact  in  the  case  is,  the  State  is,  as  it  were,  a 
mere  trustee  for  the  confiicting  grants^  and  their  interests  are  sep- 
arate and  distinct,  and  in  order  to  protect  the  swamp  interest  of  the 
State,  I  propose  to  take  up  a  case,  or  call  one  up,  and  the  CommiB- 
sioner.will  act  upon  it  under  the  instructions  of  Febraary  8,  1860. 
I  then  jjropose  to  take  an  appeal  to  the  Secretary,  and  see  if  a 
change  of  that  ruling  of  February  8th  cannot  be  had.     To  my 
mind,  it  is  full  of  errors  and  misconstructions  of  the  acts  of  Con- 
gress, and  contradictory  in  terms.     I  don't  know  what  action  the 
Governor  will  take  in  this  matter.     I  presume  he  will  not  decide 
at  all,  and  then* it  must  be  settled  "by  the  law."     Well,  the  case 
you  reported  is  a  decision  by  our  State  Courts,  which  I  think  will 
be  sustained,  and  one  reason  I  have  not  been  calling  up  those  cases, 
was  the  fact  of  the  cases  that  were  in  court;  and  not  wishing  to 
create  further  legislation  in  the  State.     But  I  unexpectedly  iind 
out  that  the  lands  on  the  M,  M.  Road  have  been  approved  to  the 
railroad.     I  have  not  investigated  the  whole  route,  but  on  examina- 
tion I  find  a  great  deal  has  been  approved,  and  (also)  those  on  the 
western  end  of  the  Burlington  &  Missouri  River  Railroad.     Now, 
I  prefer  to  have  the  matter  stand,  than  have  any  further  acjjust- 
ment  on  that  basis.     The  Commissioner  says  it  is  ordered  to  be 
taken  up  by  the  Secretary,  but  he  has  given  no  instructions,  until 
a  change  is  made.     It  is  with  this  view  I  propose  to  present  a  case 
and  will  then  take  an  appeal ;  and  I  will  want  to  refer  to  the  deci- 
sion you  speak  of,  if  you  can  send  me  a  copy  of  the  decree,  or  in 
any  form  that  will  serve  the  purpose.    Now  sir,  on  the  indemnity 
case,  the  order  is  to  take  up  and  adjust  them.     I  found  four  or  five 
counties  had  been  ordered  taken  up,  out  of  a  list  of  twelve  or  fif-  ^ 
teen  that  I  called  up  since  the  recent  order  of  the  Secretary,  (those 
claims  are  less  than  90,000  acres,)  and  the  instructions  of  the  Com- 
missioner are  to  settle  those  from  the  proofs  on  tile ;  and  the  larger 
ones  to  bring  to  the  test  of  the  field  notes,  &c.     Now  yon  see  they 
come  right  back  on  the  position  that  I  contended  against  in  the 
appeal  case,  which  was  decided  against  me  by  the  Secretary.    The 
whole  thing  is  unjust  to  our  State,  and  is  putting  the  State  to  un- 
necessary expense  and  delay.     I  wish  you  to  examine  the  points 
made  in  the  appefil  case,  and  give  mo  your  opinion  as  to  all  or  any 
position  I  take.     With  one  exception,  I  felt  confident  my  positions 
were  right.     Please  send  me  a  copy  ot  your  report  as  soon  as  pub- 
lished.    I  will  send  you  or  the  Governor  this  week  a  statement  of 
the  cases  that  have  been  settled,  and  the  unsettled.    The  larger 


HOUSE  OP  REPRBBBNTATIVE8.  269 

portion  of  the  claims  now  here  are  of  selections  reported  after  3d 
March,  1857,  and  by  the  ruling  of  the  Department  are  not  entitled 
to  indemnity.  If  it  was  not  for  springing  in  the  field  notes  on  one 
claim,  they  might  all  be  settled  before  spring  (that  is  the  indemnity 
part  on  all  selections  reported  before  3a  March,  1857). 

Mr.  Corkhill  has  made  his  report  in  the  Chickasaw  county  case, 
and  left  for  home  without  any  further  orders.  I  have  not  seen  the 
report,  and  shall  not  ask  to  see  it,  unless  it  should  be  referred  to  as 
a  precedent,  to  entitle  me  to  the  right.  I  am  of  the  opinion,  how- 
ever, the  Department  is  not  entirely  pleased  with  his  action.  They 
ordered  him  to  make  his  report  when  in  the  State,  but  he  came 
OQ  here,  and  the  report  has  been  made  under  the  direction  of  the 
office,  and  a  clerk  was  detailed  from  the  Department  to  assist  in 
making  it. 

Now,  as  to  the  adjustment  of  our  claims  by  the  field  notes,  most, 
if  not  all,  the  claims  now  before  the  Department  were  of  the  first 
sarveys  in  the  State,  before  the  act  of  28th  September,  1850,  and 
from  an  examination  in  some  counties,  I  find  the  plats  and  field 
notes  are  almost  silent  on  anything  that  would  indicate  Swamp 
Land,  and  the  later  selections  were  made  where  the  Government 
surveys  were  made  after  the  act,  and  both  plats  and  field  notes  indi- 
cate more  swamp  lands  than  the  former,  and  yet  I  think  they  are 
very  uncertain  and  indefinite.  It  might  be  policy  for  the  State  to 
accept  the  field  notes  for  a  basis  where  Government  surveys  were 
made  after  issuing  the  manual  of  instruction  in  1855,  taking  into 
accoant  the  fact  that  many  of  these  lists  are  very  large,  and  the 
office  will  order  an  investigation,  no  doubt,  to  determine  the  facts. 

If  they  would  agree  to  give  indemnity  on  such  as  the  United 
States  have  sold  and  ^patented  for  all  unsold  and  vacant  lands  that 
are  indicated  as  swamp,  I  am  not  prepared  to  give  an  opinion,  bat 
the  later  surveys  show  more  than  the  early  ones  did. 
Very  respectfully,  your  obedient  servant, 

WM.  BAKER. 


WAsmNOTON,  D.  C,  January  81, 1866. 
Ho5.  J.  A.  IIabvky,  Register  of  the  State  Land  Office: 

Sir: — Having  sent  you,  some  days  ago,  a  copy  of  an  argument 
snbmltted  on  appeal  to  the  Secretary,  I  have  the  honor  herewith 
to  hand  yon  a  copy  of  his  decision.  You  may  perhaps  think  me 
officioQs,  as  I  have  been  relieved  from  any  further  duties  in  behalf 
of  the  State.  If  there  was  any  one  here  to  attend  to  such  matters, 
I,  of  course,  would  not ;  and  for  the  Governor  to  withhold  an  agent 
from  here  at  this  time,  would  be  doing  great  injustice  to  the  in- 
terest of  the  Swamp  Grant  of  our  State.  Although  discharged, 
I  do  not  feel  to  withdraw  entirely  antil  some  one  comes  on  to  take 


270  JOURNAL  OF  THE 

the  place,  and  the  fact  that  the  Department  is  now  ordered  to  ad- 
just the  Sw^ainp  Grant  in  our  State,  and  the  office  regarding  their 
present  action,  final  and  conclusive,  it  is  important  to  secure,  if  pos- 
sible, right  action.  And  it  was  with  this  view  I  brought  the  ap- 
peal. I  now  propose  to  attack  the  construction  given  to  the  letter 
of  23d  July,  1859,  and  propose  to  argue  that  before  the  Commis- 
sioner. I  am  not  under  any  authority,  but  having  started  it,  I 
would  like  to  see  the  end  of  it.  You  may  think  that  this  should 
be  the  end,  but  I  am  so  sanguine  of  the  positions  I  have  taken  that 
if  the  case  was  taken  to  some  disinterested  parties,  there  would  be 
a  change.  Remove  from  all  the  influences  of  State  R.  R.,  and  that 
interest  of  the  Department  in  sustaining  its  own  decisions,  I  believe 
a  change  might  be  effected.  The  same  test  is  proposed  to  be  ap- 
plied in  indemnity  cases.  That  will  be  throwing  away  all  the  evi- 
dence furnished  by  the  State  in  making  her  selections,  and  all  the 
evidence  furnished  by  the  counties,  under  special  proof,  under  the 
instructions,  bringing  the  whole  thing  to  the  test  of  the  field  notes. 
That  would  leave  the  claims  worth  virtually  nothing.  I  will  prob- 
ably remain  here  two  weeks  or  more,  as  I  feel  a  deep  interest  in 
the  last  proposition,  that  is  bringing  the  claims  for  indemnity  to 
the  test  of  tne  field  notes,  having  a  special  interest  in  the  claims  of 
several  counties  that  this  rule  will  apply  to,  which  will  induce  me 
to  remain  for  a  short  time;  and  while  I  do  so  remain,  any  interest 
of  the  State  that  I  can  protect,  I  will  cheerfully  attend  to,  unless 
notified  not  to  do  so.  In  that  case  I  should  conclude  that  my  pol- 
icy is  not  approved  of,  and  will  retire ;  but  I  expect  no  pay  from 
the  State. 

Tours,  &c.,  WM.  BAKER. 


Department  op  the  Interiob,  Wasiiington,  D.  C,  } 

January  80,  1866.     J 

Sir  : — This  Department  has  received  your  letter  of  the  23d  inst., 
in  relation  to  the  appeal  of  Wm.  Baker,  Esq.,  from  your  decision 
of  the  13th  inst.,  touching  certain  lands  lying  in  the  State  of  Iowa, 
within  the  limits  of  the  grant  for  the  Burlington  &  Missouri  Rail- 
road, which  were  selected  and  reported  as  swamp  lands  prior  to  3d 
March,  1857.  The  identical  questions  presented  by  the  appeal  were 
considered  by  this  Department  in  a  case  where  lands  in  Iowa  were 
claimed  under  both  swamp  and  railroad  grants.  In  his  letter  to 
your  predecessor  of  July  23d,  1859,  the  then  Secretary  of  the  In- 
terior remarked  :  "  If,  however,  the  title  under  the  grant  for  con- 
structing said  roads,  to  any  of  the  tracts  under  discussion  had  vested 
prior  to  3d  March,  1857,  such  tracts  were  appropriated,  and  they 
should  not  be  carried  upon  the  swamp  list  unless  they  were  in 
fact  swamp  lands  on  the  28th  September,  1850.     The  question  of 


HOUSE  OF  REPRESENTATIVES.  271 

the  descriptioDB  of  such  tracts,  whether  swamp  and  overflowed  or 
otherwise  at  the  date  of  the  swamp  grant,  yon  may  examiLe  and 
determine  upon  the  records,  papers  and  affidavits  now  on  file ;  and 
if  you  find  tnat  they  were  of  the  description  of  the  lands  granted 
by  the  act  of  28tli  September,  1850,  you  will  so  report,  but  if  the 
records  and  evidence  before  you  will  not  warrant  that  decision,  the 
selections  as  swamp  may  at  once  be  aojusted  and  the  lands  may  be 
carried  upon  the  lists  of  lands  enuring  under  the  grant  for  con- 
Btructing  railroad  and  the  title  of  the  State  under  those  grants 
fully  recognized. "  These  instructions  furnish  a  just  and  safe  rule 
for  the  determination  of  these  conflicting  claims.  You  propose  to 
observe  it  in  the  present  case,  and  in  so  doing  your  action  can  fur- 
nish no  just  grounds  for  exception.  The  papers  are  now  returned. 
I  am,  sir,  very  respectfully,  your  obedient  servant, 

JAMES  HAELAN,  Secretary. 
To  the  Comm'r  General  Land  Office. 


Washington,  D.  C,  February  9th,  1860. 
Hon.  J.  A.  Habvby>  Register  State  Land  Office. 

Sir:  Your  letter  of  the  5th  inst.,  is  just  received,  and  in  reply 
I  would  say,  as  to  the  acts  of  the  A.  E.  Co.,  I  am  not  aware  that 
I  have  made  any  communication  to  you  in  regard  to  their  acts.  I 
may  have  done  so.  /  hiow  I  did  to  the  Governor.  I  said  the 
acts  of  the  Emigrant  Company  had  been  the  cause  of  all  our  trouble 
and  delay  in  getting  our  claims  settled.  The  Commissioner  said, 
"  was  it  not  for  the  acts  of  this  Company,  there  would  not  have 
been  any  difficulty  with  Iowa  claims. "  "  That  in  cases  where 
they  suspected  fraud,  and  investigated,  the  most  stupendous  frauds 
had  been  discovered,  and  that  everything  that  came  through  their 
hands  the  Department  had  suspicion  there  was  something  wrong." 
And  in  many  cases  claims  that  they  have  nothing  to  do  with  have 
to  snffer  delay  and  are  put  to  test  {as  1  claim  unauthorized)  in  con- 
sequence of  their  claims.  The  Departments  have  letters  from 
Counties,  representing  to  them  that  this  Company  ^' have  obtained 
contracts  under  false  and  fraudulent  representations,  and  wishing 
them  to  hold  back  the  adjustment  of  those  claims  until  they  have 
time  to  purge  themselves  of  this  swindle  and  get  their  claims  back 
into  their  own  hands ; — that  the  contracts  have  been  obtained 
through  bribery  and  false  representations.  "  I  have  never  had  but 
one  opinion  in  regard  to  the  operations  of  this  Company,  that  is, 
*'It  was  conceived  in  sin  and  born  in  iniquity."  I  can  find  men 
in  the  State  who  will  swear  that  they  have  been  offered  $3000.00 
or  3,000  acres  of  land  for  their  favorable  influence.  The  Depart- 
ment regards  it  as  an  imposition.  The  act  was  intended  to  benefit 
the  State,  but  as  it  now  turns  out,  it  is  for  the  benefit  of  a  few  in- 


272  JOURNAL  OP  THE 

dividual  sharpers,  and  they  regard  it  as  a  diversion  of  the  grant,  ^ 
and  that  the  State  is  not  acting  in  good  faith  in  permitting  it  to  be 
done,  (and  I  have  no  doabt)  they  have  been  holding  back  in  the 
expectation  that  the  State  would  ultimately  remedy  the  evil.  The 
fact  of  this  Company  have  bought  out  the  entire  interest  of  certain 
counties  from  6  to  7  cents  per  acre  for  all  the  rights  of  the  county 
under  the  Swamp  Grant,  both  as  to  indemnity  and  the  vacant 
lands,  has  been  communicated  to  the  Department  and  I  think 
copies  of  contracts  are  now  filed  with  them  to  that  effect.  It  is  not 
at  all  surprising  to  me,  the  Department  hesitates  as  to  the  justness 
of  some  claims.  I  claim  no  man  or  set  of  men  are  licensed  to  de- 
fraud the  Q-overnment,  and  I  further  claim  that  all  such  contracts 
are  void  in  law.  And  the  counties  wh/}  were  made  beneficiaries 
of  the  act  by  an  act  of  the  State  Legislature  by  the  terms  of*  the 
act,  or  any  subsequent  act  of  the  Legislature,  have  not  the  right 
thus  to  dispose  of  the  trust  conferred.  That  it  is  in  violation  of 
all  law  of  the  State  and  in  violation  of  good  faith.  I  have  an- 
swered your  inquiries  as  fully  as  I  can,  and  if  called  on  to  partic-  • 
ularize  I  can  do  so  in  a  number  of  instances,  so  much  as  to  fully 
justify  any  and  every  assertion  made. 

Very  respectfully  vonr  obedient  servant, 

WM.  BAKER. 

Senate  File  No.  59,  A  bill  for  an  act  to  require  owners  of 
Threshing  Machines  to  guard  ac^ainst  accidents,  was  read,  a  first 
and  second  time  and  referred  to  the  Committee  on  Agriculture. 

Substitute  for  Senate  File  No.  72,  A  bill  for  an  act  to  provide 
Justices  of  the  Peace  with  a  copy  of  the  Revision  of  1860,  was 
read  a  first  and  second  time  and  referred  to  the  Committee  on  the 
Jndicifiry. 

Senate  File  No.  108,  A  bill  for  an  act  to  legalize  certain  acts 
done  by  James  B,  Thayer  as  a  Commissioner  for  the  State  of  Iowa 
with  and  for  the  Commonwealth  of  Massachusetts,  was  read  a  first 
and  second  time  and  referred  to  the  Committee  on  the  Judiciary. 

Senate  File  No.  105,  A  bill  for  an  act  to  legalize  certain  official 
acts  of  Elias  Topliff  and  for  the  relief  of  the  administrators  of  said 
Topliffand  their  grantees  was  read  a  first  and  second  time  and 
passed  upon  the  file. 

By  leave  Mr.  Hale  presented  the  claim  of  E.  C.  Byers  of  Co.  B 
29th  Iowa  Inftj  Vols.,  which  was  referred  to  the  Committee  on 
Military  Affairs. 

BILLS  ON  SECOND  READING. 

House  File  No.  71,  A  bill  for  an  act  Fegulating  appeals  to  the 
Supreme  Court  in  certain  cases,  and  substitute  therefor,  reported 
from  the  Judiciary  Committee,  were  considered. 


HOUSE  OP  RBPRESKNTAT1VE8.  273 

The  substitute  was  adopted  and  ordered  to  be  engrossed  for  a 
third  reading. 

House  File  No.  106,  A  bill  /or  an  act  to  amend  Chapter  22,  of 
the  laws  of  1864,  providing  for  the  early  distribution  of  the  deci- 
sions of  the  Supreme  Court  among  District  Judges,  was  considered. 

The  report  of  the  Judiciary  Committee  recommending  its  in- 
definite postponement,  was  concurred  in. 

House  File  No.  94,  A  bill  for  an  act  to  authorize  courts  upon 
granting  change  of  venue  in  criminal  cases  to  require  witnesses  to 
enter  into  recognizances  for  their  appearance  at  the  court  to  which 
8Qch  change  of  venue  may  be  granted,  was  considered. 

The  Judiciary  Committee  recommended  that  the  blank  be  filled 
with  the  words  "  one  hundred." 

Mr.  Rogers  moved  to  insert  the  words  "  not  less  than  "  before 
the  words  "  one  hundred  dollars,"  which  motion  prevailed. 

The  recommendation  of  the  Committee,  as  amended,  was  adopted. 

Mr.  Safely  moved  to  insert  after  the  word  "  dollars  "  the  words 
"  and  not  more  than  one  thousand  dollars."     The  motion  was  lost. 

Mr.  McNutt  moved  to  insert  the  word  "personal"  betore  the 
word  "  recognizance,"  which  motion  prevailed. 

The  bill  was  ordered  to  be  engrossed  for  a  third  reading. 

House  File  No.  83,  A  bill  for  an  act  to  repeal  Sec.  2241  of  the 
Revision  of  1860,  and  enact  a  substitute  therefor  prescribing  the 
mode  of  indexing  the  conveyances  of  town  lots  in  cities  and  vil- 
lages, was  considered. 

Mr.  Knox  moved  that  the  bill  be  indefinitely  postponed,  which 
motion  did  not  prevail. 

The  question,  '^  Shall  the  bill  be  engrossed  and  read  a  third 
time?"  was  decided  in  the  negative. 

House  File  No.  97,  A  bill  for  an  act  to  repeal  section  4220  of  the 
Revision  of  1860,  and  to  provide  a  substitute  therefor,  was  con- 
sidered. 

The  report  of  the  Judiciary  Committee,  recommending  that  it  be 
iDdefinitely  postponed,  was  concurred  in. 

Senate  File  INtn  20,  A  bill  for  an  act  amending  section  4324  of 
the  Revision  of  1860,  in  relation  to  willful  trespass,  was  considered, 
and  it  was  ordered  to  be  read  a  third  time. 

House  File  No.  121,  A  bill  for  an  act  to  extend  the  elective 
franchise,  was  considered. 

On  the  question,  "Shall  the  report  of  the  Judiciary  Committee 
recommending  its  indefinite  postponement  be  concurred  in  ?"  the 
yeas  and  nays  were  demanded,  and  were  as  follows: 

The  yeas  were  Messrs.  Barker,  Bereman,  Bennett,  Brown  of 
Decatur,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Bn- 
ren,  Clark,  Comfort,  Conway,  Crawford,  Darwin,  Dashiel,  De- 
Forest,  Dudley,  Emery,  Fellows,  Finkbine,  Flanders,  Gary,  Qar- 
rett,  Glasgow,  Goodrich,  Graves,  Griffith,  Hale,  Hand,  Holmes, 
flagging,  Joy,  Knapp,  Knox,  Linderman,  Lowdon,  Martin,  Mc- 
35 


274  JOUBKAL  OF  THE 

OuUoDgh,  Poindexter,  Bogers,  Rnpyan,  Rnesell,  Ryan,  Safely, 
Sherman,  Sipple,  Trairie,  Tisdale,  Williams  of  Des  Moines,  Mr. 
Speaker— 48. 

The  najs  were  Messrs.  Abemethy,  Abbott,  Barnes,  Brown  of 
Winnesheik,  Close,  Fry,  Gramble,  Maxwell,  McPherson,  McKntt, 
Palmer,  Rohlfs,  Serrin,  Thorn,  Van  Lenven,  Walden,  West,  Wil- 
son of  Jackson — 18. 

Absent  or  not  voting,  Messrs.  Alcorn,  Ballinger,  Bahl,  Belt, 
Boomer,  Bolter,  Bock,  Burnett,  Carbee,  Dwelle,  Gaylord,  Garber, 
Godfrey,  Holden,  Landes,  Leffingwelt,  McLaughlin,  McKean,  Mills, 
Morgan,  O'Brien,  Olmstead,  Sapp,  Stockman,  Tracy,  Thacher, 
Thomson,  Wilcox,  Wright,  Wilson  of  Dubuque,  Wilson  of  Mar- 
shall, and  Williams  of  Winnesheik — 32. 

So  the  report  was  concurred  in,  and  the  bill  indefinitely  post- 
poned. 

House  File  No.  140,  A  bill  for  an  act  to  credit  Story  county 
with  certain  sums  of  money,  was  considered  and  ordered  to  be  en- 
grossed and  read  a  third  time. 

House  File  No.  34,  A  bill  for  an  act  to  repeal  Sub-Division  23, 
Section  312,  Chapter  22,  Article  11,  of  Code  of  1860,  was  consid- 
ered and  laid  upon  the  table. 

House  File  No.  141,  A  bill  for  an  act  to  amend  Section  307,  of 
the  Kevision  of  1860,  in  relation  to  the  time  of  meeting  of  the 
Boards  of  Supervisors,  was  considered. 

Mr.  Barker  moved  to  amend  by  striking  out  in  Section  1,  the 
words  "  the  Court  House  "  and  the  words  "  if  there  be  one,  and  if 
none,  at  the  office  of  the  Clerk  of  the  District  Court "  and  insert- 
ing the  words,  "  the  County  Seats,"  which  motion  prevailed. 

The  bill  was  ordered  to  be  engrossed  and  read  a  third  time. 

Houde  File  No.  142,  A  bill  for  an  act  to  amend  Section  4153,  of 
the  Revision  of  1860,  and  to  provide  for  the  collection  of  costs  in 
criminal  causes,  was  considered. 

Mr.  Barker  moved  that  the  further  consideration  of  this  bill  be 
postponed  until  Monday  next  and  that  it  be  printed,  which  motion 
prevailed. 

House  File  No.  143,  A  bill  for  an  act  to  legalize  the  acts  of  the 
State  Auditor  and  State  Treasurer  in  paying  compensation  to  the 
Judges  of  the  Supreme  and  District  Courts,  in  the  absence  of  any 
law  authorizing  the  same,  and  to  equalize  such  compensation,  was 
considered. 

Mr.  Rogers  moved  t)  amend  the  second  section  by  adding  the 
following :  ^^  and  the  sum  of  eight  hundred  dollars,  or  so  mach 
thereof  as  may  be  necessary,  is  hereby  appropriated  out  of  any 
money  in  the  Treasury  not  otherwise  appropriated  for  the  purpose 
of  paying  the  warrants  to  be  issued  under  this  section. 

The  amendment  was  adopted. 

The  bill  was  ordered  to  be  engrossed  and  read  a  third  time. 

Mr.  Dudley  moved  that  this  House  do  now  adjourn,  which  mo- 
tion prevailed,  and  the  House  adjourned. 


flOUSB  OP  REPRESENTATIVES.  275 


Hall  of  House  of  Bepbbsektatives,  ) 
Des  Moines,  Febraarj  21,  1866.      ) 

House  met  pursuant  to  adjournment. 

Speaker  in  the  Chair. 

Prayer  by  Rev.  A.  D.  Kellison. 

Journal  of  yesterday  read  and  approved. 

By  leave  Mr.  Rogers  submitted  the  following  reports  from  the 
Committee  on  Schools : 

Mb.  Speaker: — The  Committee  on  Schools  to  whom  was  re- 
ferred Senate  File  No.  78,  A  bill  for  an  act  amending  Section  7, 
of  Chapter  172,  of  the  acts  of  the  Ninth  General  Assembly,  re- 
lating to  School  District  Township  Meetings,  have  had  the  same 
Qoder  consideration  and  have  instructed  me  to  report  it  back  to  the 
HoQse,  with  the  following  amendment,  to-wit : 

Section  2.  This  act  being  deemed  of  immediate  importance, 
shall  take  effect  from  and  after  its  publication  in  the  Iowa  State 
Register,  and  the  Dubuque  Daily  Times,  and  with  the  recommen- 
dation that  it  pass  with  said  amendment. 

J.  N.  ROGERS,  Chairman. 

Me.  Speakeb  : — The  Committee  on  Schools,  to  whom  was  re- 
ferred Senate  File  No.  44,  A  bill  for  an  act  changing  the  corporate 
name  or  Independent  School  District  Townships,  have  had  the 
same  under  consideration,  and  have  instructed  me  to  report  it  back 
to  the  House  and  recommend  its  passage. 

J.  N.  ROGERS,  Chairman. 

Mb.  Speaker  : — The  Committee  on  Schools,  to  whom  was  re- 
ferred House  File  No.  21,  A  bill  for  an  act  amendatory  to  an  act 
to  provide  for  the  loan  of  the  Permanent  School  Fund,  fixing  the 
rate  of  interest  thereon,  and  limiting  the  price  at  which  school 
land  may  be  sold,  and  for  other  purposes,  passed  by  the  Tenth 
General  Assembly  of  the  State  of  Iowa,  have  had  the  same  under 
consideration,  and  have  instructed  roe  to  report  the  same  back  to 
the  House  with  a  substitute,  and  with  the  recommendation  that  said 
sobstitute  be  adopted  in  place  of  the  original  bill,  and  that  it  pass. 

J.  N.  ROGERS,  Chairman. 

Mr.  Speaker: — The  Committee  on  Schools,  having  been  in- 
structed by  the  House  "  to  inquire  into  the  expediency  of  so 
amending  that  portion  of  the  common  school  law.  Section  8th, 
which  provides  for  the  annual  election  of  sub-directors,  that  the 
term  of  office  shall  be  two  years,  and  one  half  of  the  members  of 
the  District  Township  Board  shall  be  elected  annually, "  to  report 
by  bill  or  otherwise,  respectfully  report  that  they  have  had  the 
subject  so  referred  to  them  under  consideration,  and  that  the  pro- 
posed change  in  the  law  is  in  their  opinion  inexpedient. 

J.  N.  ROGERS,  Chairman. 

Mr.  Speaker  : — The  Committee  on  Schools,  to  whom  was  re- 


276  JOURNAL  OF  THE 

ferred  a  preamble,  and  resolutions,  relating  to  the  appointment  of 
a  standing  Committee  on  school  laws  and  funds,  have  had  the 
same  under  consideration,  and  have  instructed  me  to  report  tbem 
back  to  the  House,  with  the  recommendation  that  thej  be  read, 
and  laid  on  the  table. 

J.  N.  ROGERS,  Chairman. 

Mb.  Speaker  ; — The  Committee  on  Schools,  to  whom  was  re- 
ferred House  File  No.  179,  A  bill  for  an  act  to  amend  Section  5, 
of  Chapter  148,  of  the  Acts  of  the  Ninth  General  Assembly,  enti- 
tled an  Act  for  the  better  protection  of  the  School  Fund,  have  had 
the  same  under  consideration,  and  have  instructed  me  to  report  it 
back  to  the  House  with  the  recommendation  that  it  do  not  pass. 

J.  N.  ROGERS,  Chairman. 

Mr.  Speaker  : — The  Committee  on  Schools,  to  whom  was  re- 
ferred House  File  No.  181,  A  bill  for  an  act  to  amend  Section  2, 
of  Chapter  118,  of  the  Acts  of  the  Tenth  General  Assembly,  rela- 
ting to  the  school  fund,  have  had  the  same  under  consideration, 
and  have  instructed  me  to  report  it  back  to  the  House,  with  the 
recommendation  that  it  do  not  pass. 

J.  N.  ROGERS,  Chairman. 

By  leave,  Mr.  McNutt  submitted  the  following  report  from  the 
Committee  on  Printing : 

Your  Committee  to  whom  was  referred  House  File  No.  118,  en- 
titled a  bill  for  an  act  to  provide  for  the  publication  of  general  laws 
and  of  the  proceedings  of  the  boards  of  supervisors  in  the  several 
counties,  have  had  the  same  under  consideration,  and  instracted 
me  to  report  the  same  back  and  recommend  its  passage  with  the 
following  amendments,  to-wit : 

At\er  the  word  "newspaper"  in  the  first  section  insert  the 
words  "having  the  largest  circulation." 

After  the  words  "  general  laws  enacted  "  in  the  second  section, 
insert  the  words  "  and  special  laws  applicable  within  the  county.'' 

Your  Committee  believe  that  with  the  above  amendments  the 
bill  will  \ncet  a  great  public  want,  disseminate  a  knowledge  of  the 
laws  among  all  the  people,  and  be  a  wise  and  judicious  measure. 

SAMUEL  McNUTT,  Chairman. 

Mr.  McNutt  reported  the  following  bill  from  the  Committee  on 
Printing,  viz. :  House  File  No.  189,  A  bill  for  an  act  relating  to 
the  transcribing,  indexing  and  the  distribution  of  the  Journals  of 
the  Senate  and  House  of  Representatives. 

The  bill  was  read  a  first  and  second  time  and  passed  on  file. 

The  House  resumed  the  consideration  of  the  regular  order,  being 

BILLS  ON  SECOND  BEADINQ. 

House  File  No.  126,  A  bill  for  an  act  relating  to  the  Assistant 
Adjutant-General,  was  considered  and  ordered  to  be  engrossed  and 
read  a  third  time. 


HOUSE  OF  RBPRE8BNTAT1VES.  277 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate  : 

Mr.  Speaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bills,  in  which  the  concnr- 
rence  of  the  House  is  asked : 

Senate  File  Ko.  85,  A  bill  for  an  act  concerning  acknowledge- 
ments of  deeds  in  foreign  countries,  and  to  repeal  Section  2244  of 
the  Revision  of  1860. 

Senate  File  No.  87,  A  bill  for  an  act  to  amend  Section  1,  of 
Chapter  128,  of  the  Acts  of  the  Tenth  General  Assembly. 

Senate  File  No.  98,  A  bill  for  an  act  to  authorize  the  County 
Judge  of  Des  Moines  county  to  record  and  complete  the  record  of 
proceedings  had  before  his  predecessor  in  ofiSce. 

Senate  File  No.  101,  A  bill  for  an  act  legalizing  conveyances  of 
real  estate  to  the  St.  Charles  Cemetery  Association. 

Senate  File  No.  104,  A  bill  for  an  act  fixing  the  compensation 
of  referees,  surveyors  and  assistants  in  partition  cases. 

Senate  File  No.  117,  A  bill  for  an  act  to  amend  Chapter  9  of  the 
Laws  of  the  Eleventh  General  Assembly. 

I  also  return  herewith  the  following  House  bills,  the  same  having 
passed  the  Senate  without  amendment: 

House  File  No.  7,  A  bill  for  an  act  defining  the  times  of  holding 
Conrts  in  the  Third  Judicial  District. 

Substitute  for  House  File  No.  15,  A  bill  for  an  act  to  amend 
Section  4993  of  the  Revision  of  1860  in  relation  to  bail  bonds. 

Substitute  for  House  File  No.  59,  A  bill  for  an  act  to  prevent  the 
importation,  running  at  large,  and  sale  of  horses,  mules,  or  asses, 
diseased  with  nasal  gleet,  glanders,  or  button  farcy. 

JAMES  M.  WEART,  Ass't  Secretary. 

RESOLUTIONS. 

By  leave,  Mr.  Darwin  introduced  the  following  resolution  : 
Remlved^  That  the  matter  of  the  appropriation  to  the  Iowa  Sol- 
diers' Orphans'  Home  and  the  bill  on  file  regarding  the  same  be 
referred  to  a  select  committee  of  one  from  each  Congressional 
District,  and  that  such  committee  report  facts,  documents,  and  their 
opinion  therein  regarding  the  following  matters: 

let.  Regarding  the  desire  and  the  power  of  the  incorporation 
named  the  **  Iowa  Soldiers'  Orphans  Home  "  to  receive  the  State 
of  Iowa  as  a  party  thereto ;  and  touching  such  matter,  let  the  said 
committee  respond  to  the  following  inquiries : 

1.  What  are  the  articles  of  Incorporation  of  the  "  Iowa  Sol- 
diers' Orphans'  Home  ?" 

2.  What  are  the  by-laws  thereof? 

3.  How  many  incorporfitors  are  there  holding  life  member- 
ships ?    Holding  year  memberships  ? 


278  JOURNAL  OF  THE 

4.  Has  the  question  of  its  partial  absorption  by  the  State,  or 
of  the  admission  of  the  IState  as  a  party  to  the  incorporation  been 
a  question  considered  or  determined  at  any  meeting  of  the  said 
association,  or  of  the  Board  of  said  association  i  And  if  so,  then 
what  action  was  thereupon  taken,  and  how  is  the  same  evidenced  i 

5.  By  virtue  of  wliat  action  of  the  Association,  or*  of  the 
Board  is  the  State  now  asked  to  become  a  party  to  said  Incorpor- 
ation ?  And  by  virtue  of  what  proceedings  on  the  part  of  said 
Association  has  the  same  become  obligated  to  the  protnsions  of  the 
bill  now  before  this  House  ? 

6.  What  person  or  persons  here  and  now  represent  the  "Iowa 
Soldiers'  Orphans'  Home,"  and  are  authorized  to  bind  that  Incor- 
poration in  tne  matter  ot  the  said  bill,  and  how  is  the  authority  of 
said  person  or  persons  manifested  ? 

2d.  Resolved^  That  such  Committee  further  report  as  afore- 
said : 

On  the  duty  of  the  State  to  obtrude  itself  into  the  affairs  of  the 
said  Incorporation  witoout  the  request  of  the  corporators  thereof. 

And  also  on  its  power  to  do  so  even  with  such  consent  under 
existing  articles  of  incorporation. 

Also  touching  this  second  matter  let  the  Committee  state,  on 
what  provision  of  the  constitution  or  principle  of  law,  or  on  what 
conduct  of  the  said  Association  the  advocates  of  this  bill  outside 
of  the  General  Assembly  found  the  right  of  the  General  Assembly 
to  intrude  into  the  management  of  the  affairs  of  a  private  corpora- 
tion. 

3d.  Resolved  further^  That  such  Committee  also  report  as 
aforesaid  on  the  lollowing  questions,  intended  to  exemplify  the 
degree  of  assurance  which  the  State  may  feel  that  any  appropria- 
tion will  be  economically,  judiciously  and  certainly,  applied  to  its 
objects. 

1.  How  much  money  has  been  subscribed  for  the  "  Home?" 

2.  How  much  paid  ? 

3.  Whftt  persons  have  been  in  any  manner  authorized  to  re- 
ceive money  for  the  Home  ? 

4.  What  is  the  security  that  each  of  said  persons  gave  that  the 
money  so  received  would  be  duly  accounted  for  ? 

5.  What  security  exists  that  donations  of  property  for  the 
Home  will  be  realized  by  the  Home  ? 

6.  Who  is  the  treasurer  of  the  Association,  and  what  nieam 
are  there  of  knowing,  at  any  given  date,  by  other  than  his  state- 
ment, the  amount  of  cash  which  has  come  into  his  hands  ? 

7.  What  security  is  ther§  for  the  safety  of  the  same  ? 

8.  What  persons  have  the  power  to  araw  from  the  Treasury, 
and  under  wnat  circumstances  ? 

9.  What  security  is  there  that  funds  so  drawn  will  not  be  im- 
properly drawn,  and  will  be  properly  applied  and  duly  accounted 
for? 


HOUSE  OP  RBPRB8BNTATIVBS.  279 

10.  Have  accoan tings  been  bad  witb  all  sacb  persons?  How, 
and  witb  wbat  result,  and  wbere  are  kept  tbe  voucbers  and  evi- 
dences thereof? 

11.  Is  any  property  of  tbe  Association,  money,  goods,  provis- 
ions, or  otber  such  matters,  nnder  tbe  control  of  any  of  the  officers 
or  employees  of  tbe  ]^ome?'  If  yes,  then  in  each  case  what  are 
the  checks  and  securities  that  tbe  same  will  be  properly  applied  ? 

12.  Has  tbe  Association  any  bonds  of  tbe  United  States  ?  If 
yea,  to  wbat  valued    Held  by  whom,  and  on  wbat  security  ? 

13.  Finally,  following  tbe  spirit  of  tbese  questions,  show  the  na- 
ture and  value  of  tbe  securities  which  attend  tbe  entire  collection 
and  disbursement  of  tbe  moneys  and  property  of  tbe  Home,  so 
that  the  business  sufficiency  of  the  same  may  be  estimated. 

U.  So  far  as  there  are  rules  and  by-laws  providing  for  any  mat- 
ter herein  questioned,  ^r^^t^^^  the  same  witn  the  date  of  their  en- 
actment, and  state  whether  or  not  tbe  same  have  been  respected. 

4.  Resolved  further^  That  such  Committee  so  report  as  aforesaid, 
iDformation  calculated  to  assist  in  defining  the  eostent  of  the  appro- 
pruUion  needed  \  and  that  to  such  end  they  respond  to  the  follow- 
ing inquiries: 

1.  What  are  tbe  terms  of  tbe  title,  from  the  United  States  to  tbe 
Association,  of  the  property  at  or  near  Davenport  ? 

2.  What  in  cash  or  bonds  has  the  Incorporation  now  on  hand  ? 

3.  What  amount  has  it  in  subscriptions  which  are  probably  good  ? 

4.  What  per  annum  in  the  future  may. be  expected  from  volun- 
tary contributions  ? 

5.  Wbat  is  the  state  of  efficiency  of  tbe  existing  appliances  for 
Bolicitation  and  collection  ? 

6.  State  tbe  salary,  or  compensation  paid  either  directly  or  indi- 
rectly, or  retained ;  or  in  any  way  realized  or  to  be  realized  either 
bj  rale,  or  vote,  or  otherwise  of  each  of  the  agents  and  officers  and 
managers  of  the  Association,  or  board,  or  of  any  committee,  or  of 
any  member  of  any  committee  thereof. 

7.  What  is  the  number  of  children  now  at  tbe  Davenport  Home  ? 
The  estimated  cost  per  annum  of  each  child?  The  expenses  per 
month  of  tbe  Institution  there  ? 

S.  What  is  the  number,  and  wbat  are  tbe  duties  of  tbe  employees, 
stipendiaries,  or  managers  of  tbe  Home  at  Davenport,  and  what  is 
the  compensation  of  each  per  month  ? 

9.  Answer  also  regarding  the  Home  at  Cedar  Falls  tbe  matters 
involved  in  tbe  two  questions  immediately  preceding. 

5.  Resolved  further^  That  such  Committee  report  also,  as  afore- 
said, information  exemplifying  the  need  there  is  of  such  an  Insti- 
tntion,  and  of  its  desired  capacity ;  also  regarding  the  benefits  thus 
conferred  upon  its  inmates  physically,  mentally,  and  morally.  And 
that  among  otber  tbinQ:s 

1.  They  describe  with  some  detail  the  physical,  mental  and 
moral  discipline  at  tbe  Home. 


280  JOURKAL  OP  THE 

2.  That  they  do  the  same  of  the  physical  comforts  enjoyed  by 
the  Orphans. 

3.  That  they  state  the  degree  of  satisfaction  expressed  by  the 
Orphans  at  their  treatment  therein. 

i.  That  they  state  the  general  health  enjoyed,  the  most  preva- 
lent diseases,  and  what,  it  any,  physical,  mental,  or  moral  griev- 
ance is  found  to  resalt  from  tlie  aggregation  of  these  children  in 
such  numbers,  and  ander  presefat  discipline. 

5.  What  is  the  capacity  of  the  Homes  as  now  existing,  and  what 
farther  namber  may  be  expected  to  become  applicants  for  admis- 
sion thereto? 

6.  Any  other  fact  coming  to  their  notice  which  may  tend  to 
guide  the  House  to  an  intelligent  vote  on  the  matter  involved  in 
this  bill. 

6.  Resolved  further^  That  if  the  said  Committee  shall  consider  that 
the  matter  of  the  bill  should  be  made  law,  they  shall  then  report 
such  amendments  as  may  safely  and  certainly  forward  the  purposes 
intended  by  the  bill,  if  they  deem  any  amendments  necessary. 

Mr.  Bereman  moved  that  the  resolution  be  postponed  until 
Monday,  Feb.  20th,  at  10  A.  M. 

The  motion  to  postpone  did  not  prevail. 

The  resolution  was  adopted. 

The  Speaker  announced  the  following  Committee  in  accordance 
with  the  resolution ;  1st  District,  Mr.  Darwin ;  2d  District,  Mr. 
Burnett;  3d  District,  Mr.  Wilson  of  Dubuque;  4rth  District,  Mr. 
Clark ;  5th  District,  Mr.  Glasgow ;  6th  District,  Mr.  Joy. 

House  File  No.  144:,  A  bill  for  an  act  providing  for  the  erection 
of  a  building  for  Adjutant  General's  and  Quartermaster  Generars 
office,  and  for  an  arsenal,  was  taken  up. 

Mr.  Finkbine  moved  that  the  bill  be  referred  to  the  Committee 
on  Ways  and  Means. 

The  motion  to  refer  prevailed. 

On  motion  of  Mr.  Clark,  Senate  File  No.  78  was  taken  up  and 
considered. 

The  House  concurred  in  the  amendments  recommended  by  the 
Committee  on  Schools. 

Mr.  Barker  moved  that  the  bill  be  referred  to  a  Select  Commit- 
tee consisting  of  the  Representatives  from  Dubuque  county. 

The  motion  prevailed  and  the  bill  was  so  referred. 

By  leave,  Mr.  Wilson  of  Dubuque,  submitted  the  following  re- 
port: 

The  Special  Committee,  to  whom  was  referred  House  File  No. 
166,  A  bill  for  an  act  to  change  the  terms  of  court  in  the  9th  Jncli- 
cial  District,  have  had  the  same  under  consideration,  and  recom- 
mend the  passage  of  the  same. 

T.  8.  WILSON,  Chairman. 

Mr.  Wilson,  of  Dubuque,  moved  that  the  bill  be  ordered  en- 
grossed  and  read  a  third  time.     Carried. 


HOUSE  OF  REPRESENTATIVES.  1281 

House  File  No.  96,  A  bill  for  aa  act  to  amend  Section  710, 
Chapter  45,  and  Section  22  of  the  Revision  of  1860,  together  with 
the  substitute  for  the  same,  was  taken  up,  and  on  motion  of  Mr. 
Maxwell  the  consideration  of  the  bill  was  postponed  until  Monday 
next  at  10  A.  M. 

Mr.  Flanders  moved  that  the  House  do  now  adjourn.     Carried. 


2  o'clock  p.  m. 

House  met  pursuant  to  adjournment.  ^ 

By  leave  Mr.  McNutt  introduced  the  following  resolution  : 

Whereas,  The  General  Assembly  of  the  State  of  Iowa  has 
learned  with  astonishment  and  regret  that  the  President  of  the 
United  States  has  vetoed  the  bill  known  as  the  ^^Freedmen's 
Bureau  Bill,''  and  that  inasmuch  as  the  objects  sought  to  be  accom- 
plished by  that  bill  are  in  accordance  with  the  views  and  wishes  of 
the  majority  of  the  loyal  people  of  these  United  States,  therefore, 
be  it 

Resolved  by  ilie  House  of  B&preseniativeSj  the  Senate  concurring^ 
That  our  Senators  in  Congress  be  instructed,  and  our  Kepresenta- 
tircs  requested,  to  use  their  influence  to  secure  the  passage  of  said 
bill  by  the  requisite  Constitutional  majority,  notwithstanding  the 
veto  of  the  President. 

Mr.  Sherman  moved  that  the  resolution  be  referred  to  the  Com* 
mittee  on  Federal  Belations. 

Mr.  Dudley  moved  that  the  resolution  be  made  the  special  order 
for  to  morrow  (Feb.  22)  at  10  o'clock,  A.  M.,  upon  which  the  yeas 
and  nays  were  demanded,  and  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes,  Bere- 
man,  Bennett,  Boomer,  Bolter,  Brown  of  Louisa,  Brown  of  Madi- 
son, Brown  of  Van  Buren,  Brown  of  Winnesheik,  Buck,  Carbee, 
Clark,  Close,  Comfort,  Conway,  Crawford,  Darwin,  Dashiel,  De- 
Forest,  Dudley,  Dwelle,,  Flanders,  Fry,  Gamble,  Gaylord,  Gary, 
Garrett,  Glasgow,  Godfrey,  Goodrich,  Graves,  GriflSth,  Hale,  Hand, 
Holmes,  Holden,  Huggins,  Joy,  Knapp,  Knox,  Landes,  Linderman, 
Lowdon,  Martin,  Maxwell,  McNutt,  McCuUough,  McLaughlin, 
Morgan,  Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Runyan, 
Russell,  Ryan,  Safely,  Serrin,  Thacher,  Travis,  Tisdale,  Thorn, 
Walden,  West,  Williams  of  Des  Moines,  Wilson  of  Jackson,  Wil- 
liams of  Winnesheik,  Mr.  Speaker — 72. 

The  nays  were  Messrs.  Ballinger,  Bahl,  Brown  of  Decatur, 
Emery,  Fellows,  Finkbiue,  O'Brien,  Sherman,  Sipple,  Van  Leuven, 
Wilson  of  Dubuque — 11. 

Absent  or  not  voting,   Messrs.  Barker,  Belt,  Burnett,  Garber, 
Leffingwell,  McPherson,  McKean,  Mills,  Sapp,  Stockman,  Tracy, 
Thomson,  Wilcox,  Wright,  and  Wilson  of  Marshall — 15. 
36 


282  JOURNAL  OF  THE 

So  the  resolution  was  made  the  special  order  for  to-morrow,  at 
10  o'clock,  A.  M. 
Mr.  Rogers  moved  that  the  Honse  do  now  adjourn. 
The  motion  prevailed,  and  the  House  adjourned. 


Hall  of  the  House  of  Represent attvbs,  ) 
Des  Moines,  February  22,  1866.     J 

House  met  pursuant  to  adjournment 
Speaker  in  the  chair. 
Prayer  by  Rev.  A.  D.  Kellison. 
Journal  of  yesterday  read  and  approved. 

3IESSAGE  FBOM  THE  SENATE. 

The  following  message  was  received  from  the  Senate : 

Mr.  Speaker: — lam  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  a  Joint  Resolution  in  relation  to  lands 
granted  to  the  State  of  Iowa  to  aid  in  the  construction  of  railroads. 

Also,  a  Joint  Resolution  relating  to  the  veto  of  the  Freedmen's 
Bnreau  Bill,  which  are  herewith  submitted,  in  which  the  concur- 
rence of  the  House  is  respectfully  asked. 

Also,  that  the  Senate  has  ordered  printed  the  usual  number  of 
copies  of  the  special  message  of  the  Governor  in  relation  to  lands 
certified  to  the  Dubuque  &  Sioux  City  Railroad  Company. 

Also,  the  special  message  of  the  Governor  in  relation  to  alleged 
misconduct  of  a  former  State  Treasurer  in  disposing  of  certain  por- 
tions of  the  Public  Funds.  • 

J.  W.  DIXON,  Secretary  of  Sepate. 

SPECIAL  ORDER. 

The  hour  having  arrived  for  the  consideration  of  the  special 
order,  being  the  resolution  with  reference  to  the  veto  message  of 
President  Johnson,  Mr.  McNutt  moved  that  the  resolution  of  the 
Senate  on  the  subject  of  the  President's  veto  be  substituted  for  the 
House  resolution  on  the  same  subject ;  which  motion  prevailed. 
Mr.  Wilson,  of  Dubuque,  oflfered  the  following  substitute : 
Resolved  by  the  House  of  Representatives  the  Senate  canciirring^ 
That  His  Excellency,  Andrew  Johnson,  President  of  the  United 
States,  is  entitled  to  the  thanks  and  gratitude  of  the  nation  for  bis 
veto  of  the  bill  to  amend  an  act,  entitled  an  act  to  establish  a  bureau 
for  the  relief  of  freedmen  and  refugees,  and  for  other  purposes ; 
that  in  the  opinion  of  this  General  Assembly,  such  bill  was  un- 


I 

r 


HOUSE  OP  REPRETSENATIVBa  283 

neceesarj  to  protect  the  rights  of  freedmen  and  refugees,  since 
thronghout  the  whole  Union  slavery  is  abolished,  peace  ex- 
ists and  the  federal  courts  are  restored ;  that  such  bill  will  subvert 
the  rights  of  eleven  of  the  States,  by  creating  a  power  within 
them,  not  only  unwarranted  by  National  or  State  Constitutions, 
but  in  ntter  derogation  thereof,  establishing  within  them  irrespon- 
sible military  courts  with  unlimited  power  over  persons  and  prop- 
erty, with  no  appeal  to  a  higher  tribunal,  governed  by  no  law,  and 
setting  aside  the  provisions  of  the  Constitution  which  guarantee 
to  the  citizen  the  right  of  having  the  offense  with  which  he  is 
charged,  presented  in  the  form  of  an  indictment,  and  abolishing 
the  right  of  trial  by  jury ;  rights  dear  to  freemen  and  formidable 
only  to  tyrants,  fanatics  and  oppressors.  Further,  that  justice, 
sound  policy,  and  the  example  of  the  enlightened  nations  of  the 
world  demand  the  admission  to  Congress  of  the  loyal  representa- 
tives of  the  States  lately  in  rebellion,  as  well  as  the  democratic 
principle  of  representation  as  a  consequence  of  taxation ;  that  the 
power  of  each  House  of  Congress  to  decide  upon  the  qualifica- 
tions of  its  own  members,  confers  no  right  to  exclude  entire  States 
from  all  representation  whatever,  and  such  act  of  exclusion  exer- 
cised for  the  mere  purpose  of  continuinff  the  ascendency  of  a 
political  party,  tends  to  destroy  the  just  balance  between  the  three 
great  powers  of  government ,  to  lay  all  others  at  the  feet  of  the 
legislative  branch,  and  deserves  the  condemnation  of  law,  the  Con- 
stitution and  of  human  liberty. 

Resolved^  That  our  Senators  in  Congress  be  instructed,  and  our 
Representatives  requested  to  sustain  the  President  in  his  patriotic 
efforts  to  uphold  the  Constitution,  and  the  perpetuity  of  the  federal 
Union,  against  those  who  impelled  by  hate  and  fanaticism,  or  mad- 
dened with  the  desire  of  rapine  and  plunder,  and  corrupted  by 
power  and  place,  seek,  under  the  pretext  of  protecting  the  rights 
of  free  negroes^  to  destroy  all  that  is  dear  to  free  whitemen  by 
making  them  the  subjects  and  slaves  of  the  most  cruel,  tyranical 
and  dispicable  of  all  governments,  a  military  despotism. 

Mr.  Bennett  moved  that  the  House  go  into  Committee  of  the 
whole,  which  did  not  prevail. 

Mr.  Eussell  moved  the  previous  question,  which  was  not  sec- 
onded. 

The  question  being  upon  adopting  the  substitute  offered  by  Mr. 
Wilson  of  Dubuque,  it  was  lost. 

Mr.  Barker  moved  that  the  resolution  be  referred  to  the  Com- 
mittee on  Federal  Relations,  which  did  not  prevail. 

Mr.  Van  Leuven  moved  that  the  House  no  now  adjourn.  Carried. 


2  o'clock  p.  m. 
House  met  porsnaut  to  adjournment. 


284  JOURNAL  OF  THE 

The  question  being  on  the  resolution  concerning  the  veto  mes- 
sage. 

Mr.  Holden  offered  the  following  substitate : 

\Resolved  Jry  the  General  Assejribly  of  the  State  of  lowa^  That 
this  General  Assembly  has  heard  with  surprise  and  regret,  that  the 
Freedraen's  Bureau  Bill,  after  having  passed  both  Houses  of  Con- 
gress by  overwhelming  majorities,  has  been  vetoed  by  the  Pres- 
ident. And  with  still  greater  astonishment  and  regret,  that  said 
bill  having  been  returned  by  the  President  to  the  Senate  with  hie 
objections,  has  failed  to  pass  that  body  by  a  two-thirds  vote. 

Resolved^  That  this  General  Assembly  hereby  fully  endorse  and 
cordially  approve  the  coarse  of  the  Senators  and  Representatives 
in  Congress  from  this  State,  in  giving  their  hearty  support  to  said 
bill. 

Mr.  Tisdale,  from  the  Committee  on  Enrolled  Bills,  presented 
the  following  report : 

Me.  Speaker  : — The  Committee  on  Enrolled  Bills  has  examined 
House  Files  Nos.  18,  7, 100,  59  and  16,  find  the  same  correctly 
enrolled,  and  present  them  for  your  signature. 

G.  J.  TISDALE,  Chairman. 

On  motion  of  Mr.  Barker,  the  House  adjourned. 


Hall  of  House  of  Representatives,  ) 
Des  Moines,  February  23, 1866.      J 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  Mr.  Hughes. 

Journal  of  yesterday  read  and  approved. 

The  House  resumed  the  consideration  of  the  Joint  Resolution 
relative  to  the  Freedmen's  Bureau  Bill. 

Mr.  Dudley  moved  the  previous  question,  which  was  seconded. 

The  question,  "  shall  the  main  question  be  now  put,  "  was  deci- 
ded in  the  affirmative. 

Mr.  Holden's  amendment  was  lost. 

Upon  the  adoption  of  the  Senate  Resolntoin,  the  yeas  and  najs 
were  demanded,  and  were  as  follows  : 

The  yeas  were  Messrs.  Abernethy,  Barnes,  Bereman,  Bennett, 
Boomer,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Bn- 
ren.  Brown  of  Winneshiek,  Burnett,  Carbee,  Clark,  Close,  Conway, 
Crawford,  Darwin,  Dashiel,  Dudley,  Dwelle,  Emery,  Finkbine, 
Flanders,  Fry,  Gaylord,  Gary,  Garrett,  Glasgow,  Godfrey,  Good- 
rich, Graves,  Griffith,  Hale,  Hand,  Holmes,  Holden,  Huggins, 
Joy,  Knapp,  Knox,  Landes,  Linderman,  Maxwell,  McPherson, 
McNutt,  McCullough,  McLaughlin,  McKean,  Morgan,  Olmstead, 


HOUSE  OF  BBPRB8ENTATIYES.  285 

Poindezter,  Bogers,  Sohlfs,  Banyan,  Bassell,  Bjan,  Sapp,  Safely, 
Serrin,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Walden, 
West,  Wilcox,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Winneshiek,  Mr.  Speaker — 69. 

The  nays  were  Messrs.  Abbott,  Alcorn,  Ballinger,  Barker,  Bahl, 
Bolter,Brown  of  Decatur,  Buck,  Comfort,  DeForest,  Fellows,  Gam- 
ble, Lowdon,  Martin,  O'Brien,  Sherman,  Sipple,  Van  Leuven, 
Wright,  Wilson  of  JDubnqiie — 21. 

Absent  and  not  voting,  Messrs.  Belt,  Grarber,  Holden,  LefSng- 
well.  Mills,  Palmer,  Stockman  and  Williams  of  Des  Moines — 8. 

So  the  resolution  was  adopted. 

BILLS  ON   SECOND  READING. 

House  File  No.  73,  A  bill  for  an  act  to  prevent  the  spreading  of 
contagions  diseases  among  swine,  was  taken  up. 

Mr.  Brown  of  Louisa,  moved  to  adopt  the  amendment  recom- 
mended by  the*  Committee,  to  strike  out  the  words  "  cholera  or 
other ''  in  the  Ist  and  2d  sections,  which  motion  prevailed. 

The  amendment  to  strike  out  the  5th  section  was  lost. 

Ordered,  that  the  bill  be  engrossed  and  read  a  third  time. 

House  File  No.  136,  A  bill  for  an  act  to  repeal  Sec.  1  of  Chapter 
109  of  the  Acts  of  the  Tenth  General  Assembly  relating  tp  agri- 
cnlture,  was  taken  up. 

Mr.  Knox  moved  that  the  bill  be  referred  to  the  Committee  on 
Ways  and  Means,  which  motion  did  not  prevail. 

Ordered,  that  the  bill  be  engrossed  and  read  a  third  time. 

Mr.  Brown  of  Winneshiek,  asked  leave  to  bo  excused  for  the 
day,  which  was  granted. 

House  File  No.  88,  A  bill  for  an  act  to  prohibit  one  or  more  of 
the  several'owners  of  land  inclosed  in  common,  turning  domestic 
animals  during  certain  seasons  of  the  year  into  such  inclosuree 
without  the  consent  of  all  the  other  owners,  was  taken  up  and  con- 
sidered. 

Ordered,  that  the  bill  be  engrossed  and  read  a  third  time. 

Senate  File  No.  12,  A  bill  for  an  act  to  amend  Sec.  1133  of  the 
Revision  of  1S60,  was  taken  up  and  the  amendment  of  the  Com* 
mittee  on  Incorporations  concurred  in. 

Ordered,  that  the  bill  be  read  a  third  time. 

House  File  No.  95,  A  bill  for  an  act  to  regulate  grist  mills  and 
define  the  duties  of  millers  and  mill  owners,  was  taken  up. 

Mr.  Thorn  moved  that  it  be  laid  upon  the  table,  whicii  motion 
was  lost. 

Mr.  Close  offered  the  following  amendment: 

Amend  Sec.  2  so  that  it  shall  read :  ''  All  custom  mills  shall 
grind  each  grist  in  the  rotation  in  which  it  is  brought  to  the  mill, 
unless  the  right  of  rotation  is  waived  by  the  owner  of  the  grist^ 


286  JOURNAL  OP  THE 

providing  the  grain  is  dry  and  in  good,  condition  for  grinding 
when  brought  to  the  mill." 

On  motion  of  Mr.  Landes  the  Honse  adjonrued. 


2  o'clock  p.  m. 

House  met  pursuant  to  adjournment. 

Mr.  Tisdale,  Chairman  of  Committee  on  Enrolled  Bills,  submit- 
ted the  following  report : 

Mr.  Speaker:— The  Committee  on  Enrolled  Bills  from  the 
Senate  have  examined  the  Senate  Concurrent  Resolution  relating 
to  the  President's  veto  of  the  Freed  men's  Bureau  Bill,  find  the 
same  correctly  enrolled,  and  I  now  present  it  for  your  signature. 

I  also  have  to  report  that  House  Files  Nos.  7,  14, 15,  18,  30,  59 
and  100  have  been  presented  to  the  Governor  for  his  signature. 

G.  J.  TISDALE. 

House  resumed  consideration  of  House  File  No.  95,  A  bill  for 
an  act. to  regulate  grist  mills  and  define  the  duties  of  millers  and 
mill  owners. 

Mr.  Dudley  moved  to  refer  the  bill  to  a  Select  Committee,  of 
which  Mr.  Williams,  of  Winneshiek,  should  be  chairman. 

Mr.  Tracy  moved  to  refer  the  bill  back  to  the  Committee  on  Ag- 
riculture, which  did  not  prevail. 

The  question  recurring  upon  the  motion  to  refer  to  a  select  com- 
mittee, the  yeas  and  nays  were  demanded  and  were  as  follows : 

The  yeas  were  Messrs.  Abbott,  Ballinger,  Barnes,  Bahl,  Bolter, 
Brown  of  Decatur,  Brown  of  Van  Buren,  Comfort,  Conway,  Dash- 
iel,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Gamble,  Gary, 
Garrett,  Glasgow,  Godfrey,  Holmes,  Holden,  Huggins,  Linderman, 
Lowdon,  Martin,  McPherson,  McCuUough,  McLaughlin,  O'Brien, 
Palmer,  Rogers,  Rohlfs,  Eunyan,  Ryan,  Safely,  Tbacher,  Travis, 
Tisdale,  Thorn,  Van  Leuven,  West,  Wilcox,  Wright,  Wilson  of 
Dubuque,  Wilson  of  Marshall,  and  Mr.  Speaker — iT. 

The  nays  were  Messrs.  Abernethy,  Alcorn,  Bereman,  Boomer, 
Brown  of  Louisa,  Brown  of  Madison,  Buck,  Burnett,  Carbee,  Close, 
Crawford,  Darwin,  DeForest,  Flanders,  Fry,  Gaylord,  Goodrich, 
Graves,  Griffith,  Hale,  Hand,  Knapp,  Knox,  Landes,  Maxwell, 
McNutt,  McKean,  Morgan,  Olmstead,  Poindexter,  Russell,  Sapp, 
Serrin,  Sherman,  Sipple,  Tracy,  Thomson,  Williams  of  Des  Moines, 
Wilson  of  Jackson,  and  Williams  of  Winneshiek — 4:1. 

Absent  or  not  voting,  Messrs.  Barker,  Belt,  Bennett,  Brown  of 
Winneshiek,  Clark,  Garber,  Lefiingwell,  Mills,  Stockman,  and 
Walden— 10. 

So  the  bill  was  referred,  and  the  Speaker  announced  Messrs. 
Williams  of  Winneshiek,  Dudley,  Sapp,  Dwelle  and  Maxwell  as 
the  Committee. 


HOUSE  OF  REPRESENT ATTVEB.  287 

Bj  leare  Mr.  Wilson  of  Dabnqne  called  np  House  File  No. 
166,  A  bill  for  an  act  to  change  the  times  of  holding  courts  in  the 
Ninth  Judicial  District. 

On  motion  of  Mr.  Wilson  of  Dubuque  the  rule  was  suspended, 
the  bill  read  a  third  time. 

On  the  question  ^^  shall  the  bill  pass,"  the  yeas  and  nays  were 
as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Barker,  Bahl,  Beremen,  Bennett,  Boomer,  Bolter,  Brown 
of  Decatur,  Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van 
Buren,  Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Conway, 
Crawford,  Darwin,  Dashiel,  DeForrest,  Dudley,  Dwelle,  Emery, 
Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary,  Gar- 
rett, Glasgow,  Godfrey,  Goodrich,  Graves,  Griffith,  Hale,  Hand, 
Holmes,  Holden,  Unggins,  Joy,  Knapp,   Enox,  Landes,  Linder- 
raan,  Lowdon,  Martin,   Maxwell,  McPherson,  McNutt,   McCnl- 
longh,  McLaughlin,  McKean,  Mills,  Morgan,  O'Brien,  Olmstead, 
Palmer,  Poindexter,  Rogers,  Eohlfs,  Kunyan,  Russell,  Ryan,  Sapp, 
Safely,    Serrin,    Sherman,    Sipple,    Tracy,  Thacher,  Travis,  Tis- 
dale,  Thomson,   Thorn,   Van   Lenven,    West,    Wilcox,   Wright, 
Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Jackson, 
Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker — 92. 
Absent  or  not  voting,  Messrs.  Belt,  Brown  of  Winneshiek,  Gar- 
ber,  Leffingwell,  Stockman  and  Walden — 6. 
So  the  bill  passed  and  the  title  was  agreed  to. 
By  leave  Mr.  Tisdale  presented  the  following  report  from  the 
Committee  on  Library: 

The  Committee  on  Library,  to  which  was  referred  House  File 
No.  66,  A  bill  for  an  act  to  provide  for  the  distribution  of  the  Ad- 
jutant General's  Reports  of  the  Ist  of  January,  1866,  have  had  the 
same  under  consideration,  and  instructed  me  to  report  it  back  to 
the  House  with  a  recommendation  that  it  do  pass,  with  the  follow- 
ing amendments,  to-wit :  After  the  words  "  State  Librarian,"  insert 
''and  one  copy  to  each  Library  Association,  and  each  institution  of 
learning  incorporated  under  the  laws  of  the  State." 

G.  J.  TISDALE,  Chairman. 
The  report  of  the  Committee  was  concurred  in. 
.  Ordered,  that  the  bill  be  enffrossed  and  read  a  third  time. 
Mr.  Tisdale  moved  that  the  rule  be  suspended,-  and  the  bill  read 
t  third  time  now,  which  motion  prevailed. 

The  bill  was  read  a  third  time,  and  upon  the  question,  "  Shall 
the  bill  pass}"  the  yeas  and  nays  were  ad  follows: 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Ballinger, 
Barnes,  Bahl,  Bereman,  Boomer,  Bolter,  Brown  of  Decatur,  Brown 
of  Louisa,  Brown  ot  Madison,  Brown  of  Van  Buren,  Brown  of 
Winnesheik,  Buck,  Burnett,  Carbee,  Clark,  Close,  Comfort,  Con- 
way, Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle, 
Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary, 


288  JoxniNAL  OP  the 

Garrett,  Glasffow,  Godfrey,  Goodrich,  Graves,  Griffith,  Hale,  Hand, 
Holmes,  Holden,  Hnggins,  Joy,  Knapp,  Kdox,  Landes,  Lindennan, 
Lowdon,  Martin,  Maxwell,  McPherson,  McOallongh,  McLaughlin, 
McKean,  Mills,  Morgan,  O'Brien,  Olmstead,  Palmer,  Poindexter, 
Rogers,  Rohlfs,  Runyan,  Russell,  Ryan,  8app,  Safely,  Serrin,  Sher- 
man, Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson,  West, 
Wilcox,  Wright,  Wilson  of  Dubuque,  Williams  of  Des  Moines, 
Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of  Winnesheik, 
Mr.  Speaker — 88. 

The  nays  were  Messrs.  Thorn  and  Van  Leuven — 2. 

Absent  or  not  voting,  Messrs.  Barker,  Belt,  Bennett,  Garber, 
Leffingwell,  McNutt,  Stockman,  and  Walden — 8. 

So  the  bill  passed  and  the  title  was  agreed  to. 

By  leave  Mr.  Sherman,  from  the  Committee  on  Railroads,  sab- 
mitted  the  following  report : 

I  am  instructed  by  the  Committee  on  Railroads,  to  which  was 
referred  a  ^'memorial  and  joint  resolution  asking  Congress  to  grant 
the  same  aid  to  the  Iowa  branch  of  the  Union  Pacific  Railroad,  as 
has  been  granted  to  the  Kansas  branch  of  the  same  road,"  to  re- 
port the  same  back  to  the  House  and  recommend  its  passage. 

SHERMAN,  Chairman. 

On  motion  of  Mr.  Sherman,  the  memorial  and  joint  resolution 
was  adopted. 

House  File  No.  130,  A  bill  for  an  act  to  secure  Joseph  Skipper, 
a  resident  of  Wayne  county,  Iowa,  his  home  at  the  price  of  $1.25 
per  acre  of  lands  known  as  the  excess  of  the  500,000  acre  grant, 
together  with  a  substitute  therefor  reported  by  the  Special  Com- 
mittee, was  considered. 

On  motion  of  Mr.  Glasgow  the  substitute  was  adopted. 

Ordered,  that  the  bill  be  engrossed  and  read  a  third  time. 

MESSAGE  FROM  THE   SENATE. 

The  following  message  was  received  from  the  Senate : 

Mb.  Speaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bill,  in  which  the  c(mcur- 
rence  of  the  House  is  asked :  Senate  File  No.  86,  A  bill  for  an  act 
to  enable  aliens  to  acquire,  control  and  dispose  of  property  as  citi- 
zens. JAMES  M.  WEART,  Ass't  Secretary. 

Mr.  Morgan  announced  the  dea*.h  of  Hon.  D.  A.  Stockman,  a 
*  member  of  the  House,  an^  spoke  as  follows : 

Mr.  Speaker  :  I  arise  at  this  time  for  the  purpose  of  announc- 
ing the  death  of  Hon.  D.  A.  Stockman,  a  member  of  this  House 
elected  from  the  19th  Representative  District.  He  died  on  the 
morning  of  the  7th  inst. 

In  making  this  annonncement  it  is,  I  suppose,  appropriate  that 
I  should  say  a  few  words  as.a  passing  tribute  to  his  memory.  My 
acquaintance  with  Mr.  Stockman  has  been  somewhat  limited,  bat 


HOUSE  OF  REPRBflBNTATIVES.  289 

it  has  been  sufficient  to  impress  me  very  favorably  with  his  char- 
acter and  ability  as  a  man  ;  and  in  his  death,  Keokak  county  has 
^o&t  one  of  its  best  citizens,  and  this  House  an  able  and  efficient 
member. 

ilr.  Stockman  has  fallen  a  victim  to  the  rebellion  and  sacrificed 
his  life  on  the  altar  of  his  couqtry  for  his  country's  good.  It  was 
in  the  field  and  camp  that  his  naturally  robust  constitution  was 
broken — and  there  he  contracted  that  disease  which  terminated 
his  life.  • 

He  was  a  young  man  in  the  prime  of  life,  and  in  the  full  vigor 
of  manhood,  and  nas  left  a  wife  ana  three  children  to  mourn  his 
untimelv  death.  I  am  informed  that  he  was  a  kind  and  loving 
hnsband,  and  a  considerate  and  indulgent  father. 

May  his  virtues  be  cherished  !  • 

Mr.  Morgan  offered  the  following  resolutions : 

Resolved^  That  this  House  of  Representatives  has  heard,  with 
profound  sorrow  and  regret,  the  announcement  of  the  death  of  Hon. 
D.  A.  Stockman,  a  Member  of  this  House  from  the  Nineteenth 
Representative  District  of  the  State  of  Iowa. 

Resolved^  That  the  House  tender  to  the  widow  and  relatives  of 
the  deceased  the  expression  of  its  deep  sympathy  in  this  afflicting 
bereavement. 

Resolved,  That  the  Clerk  of  this  House  communicate  to  the- 
Tidow  of  the  deceased  a  copy  of  these  resolutions. 

Resolvedy  That  as  a  further  mark  of  respect,  a  copy  of  these  res- 
''Intions  be  communicated  to  the  Senate,  and  that  this  House  do 
now  adiourn. 

The  Fesolntions  were  adopted,  and  the  House  adjourned. 


Hall  of  the  House  of  KEPRESENTATrvKS^  ( 
Des  Moines,  February  2i,  1866.      ) 

Ilouse  met  pursuant  to  adjournment. 

Speaker  io  the  chair. 

Prayer  by  Rev.  Mr.  Manly. 

Jonrnal  of  yesterday  read  and  approved. 

By  leave,  Mr.  Thorn  introduced  the  following  bill:  House  File 
X(».  190,  A  bill  for  an  act  to  regulate  .the  fees  of  Attorneys  and 
Counselors  at  Law  and  Solicitors  in  Chancerv,  which  was  read  a 
first  and  second  time. 

Mr.  Thorn  moved  its  reference  to  the  Committee  on  Police  Keg- 
ulatioDS. 

Mr.  Finkbine  moved  to  strike  out  "  Police  Kegulations  "  and  in- 
37 


290  JOURNAL  OF  THE 

Bert  "  Judiciary,"  with  instructions  to  inquire  into  the  constitu- 
tionality of  such  a  law. 

The  motion  was  lost. 

The  motion  to  refer  to  the  Committee  on  Police  Regulations 
prevailed. 

Mr.  Rogers  from  the  Committee  on  Schools  submitted-  a  verbal 
report  relative  to  the  use  of  the  personal  pronoun  "  whom  "  wher- 
ever it  occurs  on  the  Journal,  recommending  that  no  change  is 
necessary.  * 

The  report  of  the  Committee  was  conncurred  in. 

Mr.  Maxwell  asked  leave  of  absence  for  Mr.  Mills,  which  was 
granted. 

On  motion  of  Mr.  Griffith  a  petition  of  A.  Ware  of  Warren 
county,  praying  for  relief,  was  taken  from  the  Committee  on 
Claims  to  the  Committee  on  Militarv  Affairs. 

SPECIAL   OBDEB. 

The  following  resolution  offered  by  Mr.  Barker,  being  the 
special  order,  was  taken  up : 

JSesolvedy  That  in  the  opinion  of  the  House,  the  General  As- 
sembly of  the  State  of  Iowa,  possesses  the  rightful  Constitutional 
authority  to  regulate  the  fare  for  freight  and  passengers  on  the 
Railways  within  the  State. 

After  consideration,  Mr.  McNutt  moved  that  1,000  copies  of 
Mr.  Barker's  argument  be  printed  for  the  use  of  the  House.  Car- 
ried. 

Mr.  Sapp  moved  that  the  further  consideration  of  the  special 
order  be  postponed  until  Wednesday  next. 

Mr.  Wilson  of  Dubuque  moved  to  amend  by  striking  out  "Wed- 
nesday next "  and  inserting  in  lieu  thereof  **  one  week  from  next 
Monday." 

The  amendment  prevailed. 

On  the  question  "shall  the  motion  as  amended  prevail?  "the 
yeas  and  nays  were  demanded,  and  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Abfcott,  Barnes,  Barker,  Bahl, 
Beremen,  Bennett,  Bolter,  Brown  of  Decatur,  Brown  of  Madison, 
Buck,  Carbee,  Clark,  Close,  Comfort,  Conway,  Darwin,  Dashiel, 
Dudley,  Fellows,  Flanders,  Gamble,  Garrett,  Glasgow,  Griffith, 
Holmes,  Huffgins,  Joy,  Knapp,  Knox,  Linderman,  Lowdon,  Max- 
well, McCuTlougb,  ifcLauehlin,  Morgan,  Olmstead,  Palmer, 
Poindexter,  Rogers,  Rohlfs,  Kunyan,  Ryan,  Sapp,  Sherman,  Sip- 
pie,  Travis,  Thorn,  Van  Leuven,  Walden,  West,  Wriffht,  Wil- 
son of  Dubaque,  Williams  of  Des  Moines,^  Wilson  of  Jackson, 
Wilson  of  Marshall,  Williams  of  Winneshiek — 57. 

The  nays  were  Messrs.  Alcorn,  Boomer,  Brown  of  Van  Buren, 
Brown  of  Winneshiek,  Burnett,  Crawford,  DeForeet,  Dwelie, 
Emery,  Finkbine,  Fry,  Gaylord,  Gary,  Garber,  Goodrich,  Graves, 


HOUSB  OF  RBFRBSENTATIVES.  291 

Esnd,  Hold  en,  Landes,  McPhersoD,  McNntt,  McKean,  Raesell, 
Safely,  Serrin,  Tracy,  Thacher,  Wilcox— 28. 

Absent  or  not  voting,  Messrs.  Ballinger,  Belt,  Brown  of  Lonisa, 
Grodfrey,  Hale,  Lemngwell,  Martin,  Mills,  O'Brien,  Tisdide 
Thomson  and  Mr.  Speaker — 12. 

So  the  motion  to  postpone  prevailed. 

Mr.  Comfort  moved  to  reconsider  the  vote  by  which  House 
File  No.  136  was  ordered  engrossed. 

Mr.  Barker  moved  that  the  consideration  of  the  motion  to  re- 
rcoDsider  be  postponed  until  Monday.     Carried. 

Mr.  Morgan  moved  to  adjourn  to  Monday  morning  at  10  o'clock. 

Mr.  Palmer  moved  to  amend  by  striking  out  "  10 ''  and  insert- 
ing "  9." 

The  amendment  did  not  prevail. 

The  original  motion  was  adopted  and  the  House  adjourned. 


Hall  op  the  Housb  of  Rbpresbntatives,  » 

Des  Moines,  Feb.  26, 1866.      \ 

House  met  pursuant  to  adjournment. 

Speaker  in  the  Chair. 

Prayer  by  Rev.  Mr.  Vernon. 

Journal  of  yesterday  read  and  approved. 

By  leave,  Mr.  Martin  called  up  the  following  resolutions  which 
had  been  introduced,  and  laid  over  under  the  rule. 

jResolved^  That  Governor  Stone  be  requested  to  furnish  this  House 
the  result  of  his  doings  in  collections  from  the  General  Govern- 
ment, the  deficit  due  the  State  of  Iowa,  from  the  five  per  cent  of 
the  sale  of  the  Public  Lands  within  the  State,  also  what  expense 
it  has  been  to  the  State  in  carrying  out  the  provisions  of  Section 
2,  Chapter  61,  Acts  of  the  Tentii  General  Assembly. 

The  resolution  was  adopted. 

The  House  also  took  up  the  following  resolution,  which  had 
been  introduced,  and  laid  over  under  the  rule. 

Resolved,  That  his  Excellency,  the  Governor,  is  hereby  most 
respectfully  requested  to  furnish  this  House  with  a  list  of  the 
TOQchers  referred  to  in  his  late  communication  to  the  General  As- 
fiembly  relating  to  the  extraordinary  expenses  of  the  Executive  De- 
partment, showing  the  number,  to  whom  paid,  for  what  paid,  and 
the  amount  of  each  of  the  several  vouchers,  as  required  by  Sec- 
tion 27,  of  Chapter  32,  of  the  Acts  of  the  Tenth  General  As- 
sembly. 

The  resolution  was  adopted. 

Mr.  Comfort's  motion  of  Saturday  to  reconsider  the  vote  by 


292  JOURNAL  OP  THE 

which  Honse  File  No.  136,  A  bill  for  an  Act  to  amend  Sectioa  1, 
of  Chapter  109,  of  the  Acts  of  the  Tenth  General  Assembly,  re- 
lating to  Agriculture,  was  ordered  to  be  engrossed  and  read  a  third 
time,  was  taken  up. 

The  motion  to  reconsider  prevailed. 

By  leave,  Mr.  Comfort  oflFered  substitute  to  House  File  N"o.  136. 

Mr.  Comfort  moved  to  fill  the  blank  with  "  five."      Carried. 

The  substitute  was  then  adopted,  and  ordered  to  be  engrossed 
and  read  a  third  time. 

MESSAGE   FROM  THB   SBKATB. 

The  following  message  was  received  from  the  Senate : 

Mr.  Sfbakeb  :— I  am  directed  to  inform  your  Honorable  Body 
that  the  Senate  has  passed  the  following  resolutions : 

jResolvedj  That  the  Senate  having  been  officially  informed  by 
the  message  trom  the  House,  of  the  decease  of  the  Hon.  D.  A. 
Stockman,  a  Representative  elect,  from  the  Ninteenth  Representa- 
tive District,  does  hereby  express  its  deep  regret  at  the  sad  dispen- 
sation which  has  prevented  the  deceased  from  taking  part  in  the 
deliberations  of  this  General  Assembly,  and  heartily  concurs  with 
the  House  in  giving  this  expression  to  its  heartfelt  sorrow  at  the 
decease  of  another  of  our  brave  soldiers,  able  and  intelligent  Eep- 
resentative  elect,  and  respected  citizen,  the  Hon.  D.  A.  Stockman. 

Resohedj  That  the  Senate  hereby  tenders  to  the  bereaved  widow 
and  family  of  the  deceased,  its  heartfelt  sympathy  for  the  irrepar- 
able loss  they  have  been  called  upon  to  sustain. 

Meaolved^  That  a  copy  of  these  resolutions,  together  with  the 
remarks  of  the  Hon.  £.  S.  Sampson,  made  to  the  Senate  on  the 
character  and  death  of  the  deceased,  be  forwarded  by  the  Secretary, 
to  the  widow  and  family  of  the  deceased,  and  that  they  be  entered 
upon  the  journal  of  the  Senate. 

JAMES  M.  WEART,  Asst  Secretary. 

House  resumed  consideration  of  regular  order  of  business. 

BILLS   ON   SECOND   BEADING. 

House  File  No.  142,  A  bill  for  an  act  to  amend  Section  4133  of 
the  Revision  of  1860,  and  to  provide  for  the  collection  of  costs  in 
criminal  causes,  was  taken  up. 

Mr.  Fellows  moved  to  amend  Section  1  by  inserting  after  the 
word  "  actions  "  in  fourth  line,  the  words  "  in  the  District  Court." 

Mr.  Darwin  moved  that  the  bill  be  recommitted  to  the  Commit- 
tee on  Judiciary. 

The  motion  to  recommit  prevailed. 

]&[ESSAGB  FBOM  THB   8BNATB. 

The  following  message  was  received  from  the  Senate : 


HOUSE  OP  REPRESENTATIVES.  293 

I  am  directed  to  inform  your  honorable  body  the  Senate  has 
passed  a  memorial  of  the  General  Assembly  ot  the  State  of  Iowa, 
asking  for  grant  of  land  to  aid  in  the  constraction  of  the  Iowa 
Central  Eailroad,  which  is  transmitted  herewith,  and  in  which  the 
concurrence  of  the  House  is  respectfully  asked. 

JAMES  M.  WEAKT,  Asst.  Secretary. 

House  File  No.  129,  A  bill  lor  an  act  to  establish  a  State  for- 
mal School,  was  considered. 

Mr.  Morgan  moved  that  the  House  do  now  adjourn,  which  mo- 
tton  prevailed. 


2  o'clock  p.  m. 

House  met  pursuant  to  adjournmdnt. 

The  House  resumed  the  consideration  of  House  File  No.  122,  A 
bill  for  an  act  to  establish  a  State  Normal  School. 

Mr.  McEean  offered  the  following  amendment:  Add  to  Section 
13,  tlie  following :  "  No  distinction  as  to  race  or  color  shall  be 
permitted  among  the  pupils,  instructors,  or  members  of  the  board 
of  trustees ;  nor  shall  any  applicant  be  excluded  on  the  grounds  of 
race  or  color." 

Mr.  Safely  moved  to  refer  to  the  Committee  of  Ways  and  Means. 

Mr.  Tisdale  moved  to  amend  by  postponing  it  to  Saturday,  and 
make  it  a  special  order  for  10  A.  M. 

Upon  this  motion  Mr.  Tisdale  demanded  the  yeas  and  nays, 
which  were  as  follows  : 

The  yeas  were  Messrs.  Abernethy,  Alcorn,  Bahl,  Belt,  Bennett, 
Boomer,  Brown  of  Louisa,  Brown  of  Van  Buren,  Burnett,  Carbee, 
Clark,  Close,  Conway,  Crawford,  Darwin,  Dashiel,  DeForest,  Dud- 
ley, Emery,  Flanders,  Garrett,  Godfrey,  Holmes,  Holden,  Joy, 
Landes,  Leffingwell,  Linderman,  Maxwell,  Poindexter,  Rogers, 
Rohlfs,  Runyan,  Ryan,  Serrin,  Sherman,  Travis,  Tifidale,  Thom- 
son, Wilson  of  Jackson,  Wilson  of  Marshall,  Mr.  Speaker — 42. 

The  nays  were  Messrs.  Barnes,  Bereraan,  Bolter,  Brown  of  De- 
catur, Brown  of  Madison,  Brown  of  Winneshiek,  Comfort,  Dwelle, 
Fellows,  Fry,  Gamble,  Gaylord,  Gary,  Garber,  Glasgow,  Good- 
rich, Graves,  Griffith,  Hand,  Huggins,  Knapp,  Knox,  Lowdon, 
Martin,  McPherson,  McNutt,  McCullough,  McLaughlin,  Mc- 
Kean,  Morgan,  O'Brien,  Olmstead,  Palmer,  Russell,  Sapp, 
'Safely,  Tracy,  Thacher,  Thorn,  Van  Leuven,  Walden,  West,  Wil- 
(»x,  Wright,  Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wil- 
liams of  Winneshiek — i7. 

Absent  or  not  voting,  Messrs.  Abbott,  Ballinger,  Barker,  Buck, 
Finkbine,  Hale,  Mills,  Sipple,  Stockman — 9. 

So  the  motion  to  postpone  was  lost. 


294  JOURNAL  OF  THB 

Mr.  Tisdale  moved  to  amend  by  adding  ^'  With  instractions  to 
report  a  bill  for  ench  a  school  ae  contemplated  in  this  bill.'' 

Mr.  Sippie  moved  that  the  House  do  now  adjourn,  which  mo- 
tion prevailed,  and  the  House  adjourned. 


Hall  of  thb  House  of  Representatives,  ) 
Des  Moines,  February  27, 1866.     ) 

House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  the  Rev.  Mr.  Phillips. 

Journal  read,  corrected,  and  approved. 

Mr.  Clark  asked  and  obtained  unanimous  consent  to  take  np  a 
memorial  and  joint  resolutions  from  the  Senate,  asking  a  grant  of 
lands  to  aid  in  the  construction  of  the  Iowa  Central  Railroad. 

The  memorial  and  joint  resolutions  were  read  and  considered. 

Mr.  Morgan  moved  its  reference  to  the  Committee  on  Railroads. 
Lost. 

Mr.  Bennett  offered  the  following  amendment,  which  was  lost: 

Provided^  That  the  Company  accepting  such  grant  shall  always 
be  subject  to  such  rules  and  regulations  as  may  be  prescribed  by  the 
Legislature  of  the  State  of  Iowa,  including  the  regulation  of  tariffs 
charged  by  such  Company,  for  the  transportation  of  passengers  and 
freight. 

The  memorial  and  resolution  was  adopted. 

By  leave,  Mr.  Glasgow  introduced  the  following  resolution,  which 
was  adopted : 

liesolvedy  That  the  Committee  on  Military  Affairs  be  directed  to 
inquire  into  the  propriety  of  further  legislation  in  relation  to  the 
pay  due  the  First  Iowa  Cavalry,  and  that  said  committee  be  directed 
to  report  by  bill  or  otherwise. 

The  House  resumed  the  consideration  of  House  File  Xo.  122,  A 
bill  for  an  act  to  establish  a  State  Normal  School. 

Mr.  Knox  moved  the  previous  question. 

The  previous  question  was  not  seconded. 

Mr.  Uarrett  moved  that  the  House  do  now  adjourn. 

The  motion  prevailed,  and  the  House  adjourned. 


2  o'clock  p.  m. 
The  House  met  pursuant  to  adjournment. 
By  leave,  Mr.  Finkbine  presented  the  following  resolution,  which 
was  adopted : 


HOUSE  OF  REPRBSSZTTATiyEa  295 

Revived  hy  the  House  of  R^eaentatwes^  the  Senate  conourrmg^ 
That  the  joint  committee  appointed  to  investigate  the  alleged  diver- 
sion of  the  Bwanap  land  indemnity  fand,  be  hereby  instracted  to 
report  to  their  respective  Houses  on  or  before  the  10th  of  March 

DCXt. 

By  leave,  Mr.  Thomson  introdnt^ed  the  following  resolution, 
which  was  adopted : 

Beaalvedj  That  no  bill  shall  be  introduced  into  this  House  after 
the  7th  day  of  March  next,  except  by  a  committee  of  the  House. 

By  leave,  Mr.  Boomer  offerea  the  following  resolution,  which 
was  not  adopted : 

Resolved^  That  a  committee  upon  medical  institutions  be  added 
to  the  standing  committees  of  this  body. 

The  House  resumed  the  consideration  of  House  File  No.  122, 
a  bill  to  establish  a  State  Normal  School. 

Upon  the  adoption  of  the  instructions  to  the  Committee  on 
Ways  and  Means,  the  yeas  and  nays  were  demanded,  and  were  as 
follows : 

The  yeas  were  Messrs.  Abernethy,  Bennett,  Burnett,  Clark, 
Dashiel,  Dudley,  Emery,  Flanders,  Garrett,  Godfrey,  Holden,  Lin- 
derman,  Maxwell,  Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs, 
Travis,  Tisdale,  Thomson,  Wilson  of  Jackson,  Wilson  of  Marshall, 
and  Mr.  Speaker — 24. 

The  nays  were  Messrs.  Abbott,  Alcorn,  Barnes,  Bahl,  Belt,  Bere- 
man,  Boomer,  Bolter,  Brown  of  Decatur,  Brown  of  Xouisa,  Brown 
of  Madison,  ferown  of  Van  Buren,  Brown  of  Winnesheik,  Buck, 
Carbee,  Close,  Comfort,  Crawford,  Darwin,  DeForest,  Dwelle,  Fel- 
lows, Finkbine,  Fry,  Gamble,  Gaylord,  Gary,  Garber,  Glasgow, 
Goodrich',  Graves,  Griffith,  Hale,  Hand,  Holmes,  Huggins,  Joy, 
Knapp,  Enox,  Landes,  Lowdon,  Martin,  McPherson,  McJN  att,  Mx;- 
Callongh,  McLaughlin,  McEean,  Mills,  Morgan,  O'Brien,  Bunyan, 
Rnsseil,  Evan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy, 
Thacher,  ^hom,  Van  Leuven,  Walden,  West,  Wilcox,  Wright, 
Wilson  of  Dubuque,  Williams  of  Des  Moines,  Wilson  of  Marshall 
-69. 

Absent  or  not  voting,  Messrs.  Ballinger,  Barker,  Conway,  and 
LeflSngwell — 4. 

The  motion  to  instruct  the  Committee  did  not  prevail. 

Mr.  Burnett  mo^ed  that  the  whole  matter  be  laid  upon  tl\e  table, 
UDon  which  motion  Mr.  Bogers  demanded  the  yeas  and  nays, 
vnich  were  as  follows : 

The  yeas  were  Messrs.  Abbott,  Alcorn,  Bahl,  Bolter,  Brown  of 
Decatur,  Brown  of  Lonisa,  Brown  of  Madison,  Brown  of  Winne- 
shiek, Buck,  Bnrnett,  Carbee,  Close,  Comfort,  Crawford,  Darwin, 
DeForest,  Dwelle,  Fellows,  Finkbine,  Fry,  Gamble,  Gaylord,  Gary, 
Garrett,  Garber,  Goodrich,  Graves,  GrifBth,  Hale,  Hand,  Holmes, 
Ilnggins,  Knapp,  Knox,  Landes,  Lowden.  Martin,  McPherson, 
McSTatt,    McLaughlin,    McKean,     Morgan,     O'Brien,     BusseU, 


296  JOURNAL  OP  THE 

Sapp,  Safely,  Sherman,  Sipple,  Tracy,  Thacher,  Thorn,  Van 
Leuven,  West,  Wilcox,  Wright,  Williams  of  Des  Moinea,  Wil- 
liams of  Winneshiek — 57. 

The  nays  were  Messrs.  Abernethy,  Barnes,  Belt,  Ber«man, 
Bennett,  Boomer,  Brown  of  Van  Buren,  Clark,  Dashiel,  Dudley, 
Emery,  Flanders,  Glasgow,  Godfrey,  Holden,  Joy,  Linderraau, 
Maxwell,  McOullough,  Olmstead,  Palmer,  Poindexter,  Rogers, 
Rohlfs,  Rnnyan,  Ryan,  Serrin,  Travis,  Tisdale,  Thomson,  Walden, 
Wilson  of  Jackson,  Wilson  of  Marshall,  Mr.  Speaker — 34. 

Absent  or  not  voting,  Messrs.  Ballinger,  Barter,  Conway,  Lef- 
fingwell.  Mills,  and  Wilson  of  Dubuque. 

So  the  motion  to  lay  upon  the  table  prevailed. 

Mr,  Williams  of  Des  Moines  moved  that  the  House  now  take 
up  bills  from  the  Senate. 

The  motion  prevailed. 

Senate  File  rTo.  85,  A  bill  for  an  act  concerning  acknowledi^e- 
ments  of  deeds  in  foreign  countries,  and  to  repeal  Section  22-i:!l: 
of  the  Revision  of  1860,  was  read  a  first  and  second  time  and  re- 
ferred to  the  Committee  on  the  Judiciary. 

Senate  File  No.  98,  A  bill  tor  an  act  to  authorize  the  County 
Judge  of  Des  Moines  County  to  record  and  complete  the  record 
of  proceedings  had  before  his  predecessor  in  oftice,  was  read  a 
first  and  second  time  and  referred  to  the  Committee  on  the  Judi- 
ciary. 

Senate  File  No.  87,  A  bill  for  an  act  to  amend  Section  1  of 
Chapter  128  of  the  acts  of  the  10th  General  Assembly,  was  read 
a  first  and  second  time. 

Mr.  Finkbine  moved  that  the  bill  be  ordered  to  be  read  a  third 
time.  / 

The  motion  prevailed. 

Mr.  Finkbine  moved  that  the  rule  be  suspended  and  the  bill 
read  a  third  time  now. 

The  motion  prevailed. 

The  bill  was  read  a  third  time,  and  upon  the  question  "  shall 
the  bill  pass,"  the  yeas  and  nays  wero  as  follows  : 

The  yeas  w^ere  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes, 
Bahl,  Belt,  Beremen,  Bennett,  Boomer,  Bolter,  Brown  of  Decatur, 
Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren, 
Brown  of  Winneshiek,  Buck,  Burnett,  Carbee,  Clark,  Close,  Com- 
fort, Conway,  Crawford,  Darwin,  Dashiel,  DeForest,  Dudley, 
Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  G«iy- 
lord,  Gary,  Garrett,  Garber,  Glasgow  Godfrey,  Goodrich,  Graves, 
Griffith,  Hale,  Hand,  Holmes,  Holden,  Hugcins,  Joy,  Knapp, 
Knox,  Landes,  Linderman,  Lowdon,  Martin,  lV[axwell,  McPher- 
son,  McNutt,  McCullough,  McLaughlin,  Mclvean,  Mills,  Morgan, 
O'Brien,  Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Runvan, 
Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy, 
Thacher,  Travis,  Tisaale,  Thomson,  Thorn,  Van  Leuven,  Walden, 


HOUSE  OP  RBPRBTSENATIVES.  297 

West,  "Wilcox,  Wright,  Williams  of  Des  Moines,  Wilson  of  Jack- 
son, Wilson  of  Marshall,  Williams  of  Winneshiek,  Mr.  Speaker 
-93. 

The  nays  were  none. 

Absent,  or  not  voting,  Messrs.  Balinger,  Barker,  Leffingwell, 
and  Wilson  of  Dabuqne — 4. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Senate  File  No.  101,  A  bill  for  an  act  legalizing  conveyances  of 
real  estate  to  the  St.  Charles  Cemetery  Association,  was  read  a  first 
and  second  time,  and  referred  to  the  Committee  on  the  Judiciary. 

Senate  File  No.  104,  A  bill  for  an  act  fixing  the  compensation  of 
Beferees,  Surveyors  and  Assistants  in  partition  cases,  was  read  a 
first  and  second  time,  and  referred  to  the  Committee  on  Ways  and 
Means. 

Senate  File  No.  117,  A  bill  for  an  act  to  amend  Chapter  9  of  the 
Laws  ot  the  Eleventh  General  Assembly,  was  read  first  and  second 
times. 

Mr.  Abbott  moved  that  the  bill  be  ordered  to  be  read  a  third 
time. 

The  motion  prevailed. 

Mr.  Tracy  moved  that  the  bill  be  read  a  third  time  now. 

The  motion  prevailed,  and  upon  the  question  "  Shall  the  bill 
pass?  "  the  yeas  and  nays  were  as  follows: 

The  yeas  were  Messrs.  Abernethy,  Abbott,  Alcorn,  Barnes,  Bahl, 
Belt,  Bereinan,  Bennett,  Boomer,  Brown  of  Decatur,  Brown  of 
Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Buck,  Burnett, 
Carbee,  Clark,  Close,  Comfort,  Crawford,  Darwin,  Dashiel,  De- 
Forest,  Dudley,  Dwelle,  Emery,  Fellows,  Finkbine,  Flanders,  Fry, 
Gamble,  Gaylord,  Gary,  Garrett,  Garber,  Glasgow,  Godfrey,  Good- 
rich, Graves,  GriflSth,  Hand,  Holmes,  Holoen,  Huggins,  Joy, 
Knapp,  Knox,  Landes,  Linderman,  Lowdon,  Martin,  Maxwell,  Mc- 
Pherson,  McNutt,  McCullough,  McLaughlin,  McKean,  Morgan, 
O'Brien,  Olmstead,  Palmer,  Poindexter,  Rogers,  Rohlfs,  Kunyan, 
Russell,  Ryan,  Sapp,  Safely,  Serrin,  Sherman,  Sipple,  Tracy, 
Thacher,  Travis,  Tisdale,  Thomson,  Thorn,  Van  Leuven,  Walden, 
West,  Wilcox,  Wright,  Williams  of  Des  Moines,  Wilson  of  Jacjk- 
fion,  Wilson  of  Marshall,  Williams  of  Winneshiek,  and  Mr. 
Speaker — 88. 

The  nays  were,  none. 

Absent  or  not  voting,  Messrs.  Ballinger,  Barker,  Bolter,  Brown 
of  Winneshiek,  Conway,  Hale,  Leffiugwell,  Mills,  and  Wilson  of 
Dubuque — 9. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Senate  File  No.  86,  A  bill  for  an  act  to  enable  aliens  to  acquire, 
control  and  dispose  of  property  as  citizens,  was  read  a  first  and 
second  time  and  referred  to  Committee  on  Judiciary. 

The  Senate  amendments  to  House  File  No.  69,  A  bill  for  an  act 
making  provision  for  the  settlement  of  all  liabilities  of  the  State 
38 


298  JOURNAL  OP  THE 

and  University  growing  out  of  the  sale  of  certain  lands  in  Appa- 
noose county,  known  as  Saline  Lands,  were  considered,  and  upon 
the  question  of  concurring  in  the  same  the  yeas  and  nays  were  as 
follows : 

The  yeas  were  Messrs.  Abemethy,  Abbott,  Alcorn,  Barnes, 
Bahl,  Belt,  Bereman,  Bennett,  Boomer,  Brown  of  Decatur,  Brown 
of  Louisa,  Brown  of  Madison,  Brown  of  Van  Buren,  Brown  of 
Winneshiek,  Buck,  Burnett,  Garbee,  Clark,  Close,  Comfort,  Con- 
way, Crawford,  Darwin,  Dashiel,  DeForest,  Dudley,  Dwelle, 
Emery,  Fellows,  Finkbine,  Flanders,  Fry,  Gamble,  Gaylord,  Gary, 
Garrett,  Garber,  Glasgow,  Godfrey,  Goodrich,  Graves,  Griffith, 
Hand,  Holmes,  Holden,  Huggins,  Joy,  Knapp,  Knox,  Landes, 
Linderman,  Lowdon,  Martin,  Maxwell,  McPberson,  McNutt,  Mc- 
Cullough,  McLaughlin,  McKean,  Morgan,  O'Brien,  Olmstead, 
Palmer,  Poindexter,  Rogers,  Rohlfs,  Bnnyan,  Rjan,  Sapp^  Safely, 
Sherman,  Sipple,  Tracy,  Thacher,  Travis,  Tisdale,  Thomson, 
Thorn,  Van  Leuven,  Walden,  West,  Wilcox,  Wright,  Williams  of 
Des  Moines,  Wilson  of  Jackson,  Wilson  of  Marshall,  Williams  of 
Winneshiek,  Mr.  Speaker — 88. 

The  nays  were  none. 

Absent  or  not  voting,  Messrs.  Ballinger,  Buck,  Bolter,  Hale, 
Leffingwell,  Mills,  Bussell,  Serrin,  and  Wilson  of  Dubuque — 9. 

So  the  amendments  were  concurred  in. 

The  Speaker  presented  the  following  message  from  His  Excel- 
lency, Gov.  W,  M.  Stone : 

STATE  OF  IOWA,  EXECUTIVE  DEPARTMENT, ) 

Deb  Moinbs,  February  26th,  1866.     S 

To  the  House  of  Hepresentahvee  of  the  State  of  Iowa  : 

In  reply  to  yonr  resolution  this  day  adopted,  reqnesting  me  to 
furnish  the  Hoase^  of  Bepresentatives  with  a  list  of  the  vouchers, 
referred  to  in  my  late  communication  to  the  General  Assembly, 
relating  to  the  extraordinary  expenses  of  the  Executive  Depart- 
ment, showing  the  number,  to  whom  paid,  and  amount  of  eacn  of 
the  several  vouchers,  as  required  by  Section  27,  of  Chapter  32,  of 
the  Acts  of  the  10th  General  Assembly,  I  have  the  honor  to  state 
that  I  have  already,  in  my  communication  of  the  6th  instant,  fur- 
nished your  Honorable  Body  with  the  list  called  for,  which  list  em- 
baces  fully  all  the  information  contemplated  by  your  resolution. 

W.  M.  STONE,  Governor. 

The  message  was  laid  upon  the  table. 

The  House  resumed  consideration  of  the  regular  order,  being 

BILLS  ON  SEOONB  BEADING. 

House  File  No.  96,  A  bill  for  an  act  to  amend  Section  710  of 
Chapter  45,  and  Section  312  of  Chapter  22,  of  Revision  of  1860, 
together  with  a  substitute  therefor,  was  considered. 


H0U8B  OP  REPfiES£NTATIYES.  299 

The  Bnbstituto  was  rejected  by  the.  Hoase. 

Mr.  Dadlej  moved  to  amend  bj  striking  ont  the  words  '^  three 
mills/'  and  inserting  in  lien  thereof,  the  words  ^^  two  mills." 

Mr.  Close  moved  to  amend  bj  striking  oat  "  three  mills,"  and 
iDserting  ^*  one  mill." 

Mr.  Bennett  moved  that  the  House  do  now  adjourn,  which  mo- 
tion prevailed,  and  the  House  adjourned. 


Hall  of  the  Housb  of  IIbprb8bntativ£8,  ) 
Dbs  Moinks,  Iowa,  Feb.  28, 1866.      f 

Honse  met  pursuant  to  adjournment. 

Speaker  in  the  Chair. 

Prayer  by  the  Rev.  Mr.  McCague. 

Jonrnal  of  yesterday  read  and  approved. 

On  motion  of  Mr.  Morgan,  the  regalar  order  was  suspended  to 
allow  the  introdnction  and  referring  of  petitions  and  remonstrances 
and  the  introduction  of  bills. 

Mr.  Morgan  presented  a  petition  from  Aaron  Sternes  and  others, 
citizens  of  XeoKuk  county,  asking  for  the  passage  of  a  law  for  the 
protection  of  sheep. 

Beferred  to  Committee  on  Agriculture. 

Mr.  Morgan  presented  a  petition  from  W,  C.  Johnston,  asking 
for  the  passage  of  an  act  giving  bounties  on  the  scalps  of  gophers. 

Eeferred  to  same  Committee. 

Mr.  Morgan  presented  a  petition  from  W.  B.  Merrian  and  others, 
citizens  of  Keokuk  county,  asking  for  an  increase  in  the  compen- 
sation of  County  Surveyors. 

Referred  to  the  Select  Committee  of  which- Mr.  Williams  of  Des 
Moines  is  Chairman. 

Mr.  Knapp  presented  a  similar  petition  from  E.  Andrews  and 
others,  citizens  of  Hardin  county. 

Referred  to  same  Committee. 

Mr.  Runyan  presented  a  similar  petition  from  J.  A.  Bills  and 
others,  citizens  of  Benton  county. 

Referred  to  same  Committee. 

Mr.  Williams,  of  Winneshiek,  presented  remonstrances  from 
Wm.  Cook,  H.  J.  Harden,  S.  A.  Lamb,  C.  M.  Scott,  Henry  Cal- 
lander, Andrew  Nelson  and  others,  citizens  of  Winneshiek  county, 
against  the  repeal  of  the  Prohibitory  Liquor  Law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Garber  presented  a  petition  from  John  Putz  and  others,  citi- 
zens of  Clayton  county,  asking  for  the  repeal  of  the  Prohibitory 
Liquor  Law. 


300  JOURNAL  OP  THE 

Kef  erred  to  batne  Committee. 

Mr.  Serrin  presented  a  Birailar  petition  from  James  Jones  and 
others,  citizens  of  Marengo,  Iowa  county. 

Referred  to  same  Committee. 

Mr.  Darwin  presented  a  similar  petition  from  Thos.  E.  Corkhill 
and  others,  citizens  of  Des  Moines  county. 

Referred  to  same  Committee. 

Mr.  Darwin  presented  remonstrances  from  Mary  A.  Salter,  S. 
Pollock  and  others,  citizens  of  Des  Moines  county,  against  the  re- 
peal of  the  Prohibitory  Liquor  Law. 

Referred  to  same  Committee. 

Mr.  Rohlfs  presented  petitions  from  James  Selkey,  H.  C.  Wallace 
and  others,  citizens  of  ScDtt  county,  asking  for  the  repeal  of  the 
Prohibitory  Liquor  Lrw. 

Referred  to  same  Committee. 

Messrs.  Knox,  Safely,  Glasgow,  Sapp,  Fry,  Wilson  of  Jackson, 
Wilson  of  Dubuque,  Wilson  of  Marshall,  Carbee,  Griffith,  Ballin- 

fer,  Finkbine,  Ryan,  McLaughlin,  Close,  Bennett,  Leffincrwell, 
lahl,  Goodrich,  Wilcox,  Maxwell,  Russell,  Dudley,  Rogers,  Tracy, 
and  Dwelle,  presented  similar  petitions  and  remonstrances  from 
their  constituents,  which  were  referred  to  the  same  Committee. 

Mr.  Rogers  presented  a  petition  from  the  members  of  the  Bar  of 
Scott  county,  asking  for  the  establishment  of  a  Law  Department 
in  the  State  University. 

Referred  to  Committee  on  State  University. 

Mr.  Close  presented  a  similar  petition  from  the  members  of  the 
Bar  of  Black  Hawk  county,  which  was  referred  to  the  same  Com- 
mittee. 

Mr.  Wilcox,  of  Dubuque,  presented  a  similar  petition  from  the 
Bar  of  Dubuque  county. 

Mr.  Wilcox  from  the  Bar  of  Buchanan  county. 

Mr.  Ballinger  from  the  Bar  of  Lee  county. 

Mr.  Safely  from  the  Bar  of  Cedar  county. 

Mr.  Palmer  from  the  Bar  of  Lucas  county. 

Mr.  Fry  from  the  Bar  of  Jefferson  county. 

Mr.  Darwin  from  the  Bar  of  Des  Moines  county. 

Mr.  Dashiel  from  the  Bar  of  Monroe  county. 

Mr.  Walden  from  the  Bar  of  Appanoose  county. 

Mr.  Brown,  of  VanBuren,  from  the  Bar  of  Van  Bnren  county. 

Mr.  Wilson,  of  Jackson,  from  the  Bar  of  Jackson  county. 

Mr.  Gamble  from  the  Bar  of  Marion  county. 

Mr.  Burnett  from  the  Bar  of  Muscatine  county. 

Mr.  Sapp  from  the  Bar  of  Pottawattamie  county. 

Mr.  DeForest  from  the  Bar  of  Johnson  county." 

Mr.  Boomer  from  the  Bar  of  Delaware  county. 

Mr.  Linderman  from  the  Bar  of  Page  county. 

Mr.  Travis  from  the  Bar  of  Bloomfield. 

Mr.  Brown  from  the  Bar  of  Louisa  county. 


HOUSE  OF  REPREflBNTATIVES.  301 

Which  were  referred  to  same  Committee. 

Mr.  Darwia  presented  a  resolution  trom  the  city  of  Burlington, 
which  was  referred  to  the  Committee  on  the  Suppreflsion  of  In- 
teraperauce. 

Mr.  Wright  presented  a  petition  from  M.  W.  Webster  and  other 
citizens  of  Alamakee  County,  asking  for  an  extension  of  the  jur- 
isdiction of  County  Courts,  which  was  referred  to  the  Committee 
on  the  Judiciary. 

Mr.  McLaughlin  presented  a  petition  from  John  Wright  and 
other  citizens  of  JacKson  county,  asking  for  an  extension  of  the 
jurisdiction  of  Justices  of  the  Peace,  which  was  referred  to  same 
Committee. 

Mr.  Safely  presented  a  petition  from  Hon.  J.  H.  Rothrock  and 
other  citizens  of  Cedar  county,  asking  for  an  increase  in  the  fees 
of  Sheriffj?,  which  was  referred  to  the  Committee  on  Compensa- 
tion of  Public  Officers. 

Mr.  Close  presented  a  petition  from  John  Ball,  Surveyor  of 
Black  Hawk  county,  asking  for  an  increase  in  the  pay  of  county 
Surveyors,  which  was  referred  to  the  select  Committee  on  that 
subject. 

Mr.  Joy  presented  a  similar  petition  from  Orange  S.  Wright 
and  other  citizens  of  Cherokee  county,  which  was  referred  to  the 
same  Committee. 

Mr.  Martin  presented  a  similar  petition  from  J.  B.  Needham 
and  others,  which  was  referred  to  the  same  Committee. 

Mr.  Martin  presented  a  petition  from  James  Johns  and  others, 
praying  for  a  resumption  of  the  land  grants  to  the  B,  &  M.  R.  R., 
which  was  referred  to  the  Committee  on  Railroads. 

Mr.  Safely  presented  a  petition  from  the  Farmers'  Club  of  Far- 
mington  Township,  Cedar  county,  in  relation  to  Railroad  charges, 
which  was  referred  to  the  Committee  on  Commerce. 

Mr.  Thorn  presented  a  petition  from  the  shippers  of  produce  *of 
Camaucho,  Clinton  county,  praying  that  Railroads  be  compelled 
to  come  under  the  law  of  common  carriers,  which  was  referred  to 
the  same  Committee. 

Mr.  Garrett  presented  a  petition  from  F.  O.  Morris  and  others, 
citizens  of  Davis  county,  asking  the  General  Assembly  to  restrict 
Railroads  in  their  tariff  ot  prices,  which  was  referred  to  the  same 
Committee. 

Mr.  Bahl  presented  a  remonstrance  from  S.  Wilson,  and  others, 
against  any  interference  with  the  land  grant  to  the  Dubuque  and 
Sioux  City  J^ilroad,  which  was  referred  to  the  Committee  on 
Railroads. 

Mr.  Wilson  of  Dubuque,  presented  similar  remonstrances  from 
Orange  Pound,  and  others,  which  were  referred  to  the  same  Com- 
mittee. 

Mr.  Leffinewell  presented  petitions  from  John  W.  Gillett,  Jed. 
Clark,  and  others,  asking  for  the  passage  of  an  act  to  compel  the 


802  JOURNAL  OP  THE 

McGregor  Western  Railroad  Company  to  constrnct  certain  lines 
of  road,  which  were  referred  to  the  same  Committee. 

Mr.  Tisdale  presented  a  similar  petition  from  citizens  of  Chick- 
asaw county,  which  was  referred  to  the  same  Committee. 

Mr.  Abernethy  presented  similar  petitions  from  O.  Q-.  Brainard, 
W.  W.  Gardner,  0.  H.  Parker,  and  others,  which  were  referred  to 
the  same  Committee. 

Mr.  Graves  presented  a  petition  from  Frank  Jenkins,  and  others, 
citizens  of  Emmett  county,  asking  for  the  passage  of  an  act  allow- 
ing counties  to  regulate  the  running  at  large  of  sheep  and  hogs  in 
their  respective  counties,  which  was  referred  to  the  Committee  on 
Agriculture. 

Mr.  Crawford  presented  similar  petitions  from  John  6.  Swain, 
S»  B.  Wallace,  N.  D.  Cdllins,  and  others,  which  were  referred  to 
the  same  Committee. 

Mr.  Wilson  ot  Marshall,  presented  a  remonstrance  from  Adam 
Bcott,  and  others,  citizens  of  Marshall  county,  against  the  enact- 
ment of  a  law  restraining  cattle  from  running  at  large,  which  was 
referred  to  the  same  Committee. 

Mr.  Dwelle,  presented  a  petition  from  Cyrus  Clark,  and  others, 
asking  that  no  extension  ot  time  be  granted  in  the  limitations  of 
the  land  grant  to  the  Dubuque  and  Sioux  City  Bailroad  Company, 
which  was  referred  to  the  Committee  on  Railroads. 

Mr.  Alcorn  presented  petitions  from  Nicholas  Ivitt,  and  others, 
citizens  of  Webster  county,  praying  for  the  resumption  of  the  lands 
granted  to  the  Cedar  Kapids  and  Missouri  Kiver  Kailroad  Com- 
pany, which  were  referred  to  the  same  Committee. 

Mr.  Alcorn  presented  a  petition  from  135  citizens  of  Webster 
county,  praying  for  legislation  to  protect  them  against  the  Dubuque 
and  Sioux  City  Railroad  Company,  and  Homestead  Company, 
which  was  referred  to  the  same  Committee. 

Mr.  Ballinger  presented  a  petition  from  Henry  Strong,  and  oth- 
ers, members  of  the  Keokuk  Bar,  praying  for  a  change  in  the  time 
of  holding  courts  at  Keokuk,  which  was  referred  to  a  select  Com- 
mittee of  the  Lee  county  delegation,  of  which  Mr.  Ballinger  shonld 
be  chairman. 

Mr.  Dashiel  presented  a  petition  from  Cyrus  Cook  and  others, 
praying  for  a  change  in  county  government,  which  was  referred  to 
th3  Committee  on  County  and  Township  Organization. 

Mr.  Gamble  presented  a  petition  from  the  Mayor  and  City 
Council  of  Knoxville,  asking  that  the  reorganization  of  the  city 

S)yernment  of  said  city  be  legalized,  which  was  referred  to  the 
ommittee  on  Incorporations. 

Mr.  Safely  presented  a  petition  from  John  Dorcas  and  other  citi- 
zens of  Cedar  county,  in  reference  to  bounty  on  live  hedge  fences, 
which  was  referred  to  the  Committee  on  Agriculture. 

Mr.  Fellows  presented  a  petition  from  G.  M.  Hays  and  others 
asking  for  a  change  in  the  city  government  of  Lansing,  Alamakee 


HOUSE  OF  RSPBESSNTATIVES.  303 

county,  which  was  referred  to  the  Committee  on  Incorporations. 
Mr.  Sherman  presented  a  petition  from  John  Gara^hty,  praying 
for  relief,  which  was  referred  to  the  Committee  on  Claims. 

Mr.  Glasgow  presented  a  petition  of  citizens  of  Wayne  conntv, 
asking  for  the  passage  of  the  bill  for  an  act  to  provide  for  the  pub- 
lication of  general  laws  and  proceedings  of  Boards  of  Sapervisors 
of  the  several  connties,  which  was  laid  npon  the  table. 

Mr.  Williams  of  Winneshiek,  presented  a  petition  from  S.  R. 
Grahill  and  others,  praying  for  tne  passage  of  an  act  fixing  the 
amonnt  of  tolls  to  millers,  which  was  referred  to  a  Select  Commit- 
tee, of  which  Mr.  Williams  of  Winneshiek  is  chairman. 

Mr.  Martin  presented  a  petition  from  S.  6.  McCall  and  others, 
citizens  of  Boone  connty,  asking  for  an  increase  in  the  fees  of  Jus- 
tices, which  was  referred  to  the  Committee  on  Compensation  of 
Public  OflScers. 

Mr.  Walden  presented  a  similar  petition  from  T.  M.  Fee  and 
others,  which  was  referred  to  the  same  committee. 

Mr.  Abbott  presented  a  similar  petition  from  citizens  of  Dallas 
county,  which  was  referred  to  the  same  committee. 

Mr.  Barnes  presented  a  similar  petition  from  citizens  of  Mahaska 
county,  which  was  referred  to  the  same  committee. 

Mr.  Ballinger  presented  a  similar  petition  from  John  Van  Val- 
kenbnrgh  and  otners,  citizens  of  Lee  county,  which  was  referred 
to  the  same  committee. 

Mr.  Thorn  presented  a  similar  petition  from  B.  Bart,  County 
Surveyor  of  Clinttm  county,  which  was  referred  to  the  same  com- 
mittee. 

Mr.  Wright  presented  a  similar  petition  from  R.  M.  Wright  and 
others,  citizens  of  Alamakee  connty,  which  was  referred  to  the 
same  committee. 

Mr.  Thorn  presented  a  petition  from  the  bar  of  Clinton  county 
asking  for  the  establishment  of  a  Law  Department  in  the  State 
University,  which  was  referred  to  the  Committee  on  State  Uni- 
versity. 

Mr.  Hand  presented  petitions  from  H.  Corbin  and  others,  pray- 
ing for  the  resumption  of  the  land  grants  to  the  C.  E.  and  1^.  B. 
R.  R.  Company,  which  was  referred  to  the  Committee  on  Railroads. 
Mr.  Joy  presented  a  petition  from  citizens  of  Story  county,  ask- 
ing for  an  increase  of  the  fees  of  Justices  of  the  Peace,  which  was 
referred  to  the  Committee  on  Compensation  of  Public  Officers. 

Mr.  Griffith  presented  a  similar  petition  from  citizens  of  Warren 
county,  which  was  referred  to  the  same  committee. 

Mr.  McKean  presented  a  similar  petition  from  citizens  of  Jones 
county,  which  was  referred  to  the  same  committee. 

Mr.  McCnllough  presented  a  similar  petition  from  citizens  of 
Jefferson  county,  which  was  referred  to  the  same  committee. 


304  JOUBKAL  OF  THE 

ME8SAOB   FROM  THE   SENATE. 

The  following  message  was  received  from  the  Senate: 

Mr.  Speaker  : — ^I  am  directed  to  inform  your  Honorable  Body, 
that  the  Senate  has  passed  the  following  bills,  and  concurrent  res- 
olution, in  which  the  concarrence  of  the  House  is  asked. 

Senate  File  No.  8,  A  bill  for  an  act  to  provide  for  establishing 
private  roads  in  the  State  of  Iowa, 

Senate  File  No.  112,  A  bill  for  an  act  to  amend  an  act  entitled 
"  an  act  to  amend  Section  432,  Chapter  29,  of  the  revision  of  1860, 
approved  March  23,  1864,  being  an  act  fixing  the  salaries  of 
Clerks  of  the  District  Court,  in  counties  having  two  county  seats. 

Senate  File  No.  125,  A  bill  for  an  act  to  amend  Chapter  91,  of 
the  laws  passed  by  the  Tenth  General  Assembly,  entitled  "an  act 
granting  a  right  of  way  to  open  and  drain  coal  mines." 

Substitute  for  House  File  No.  41  and  35,  and  substitute  therefor, 
A  bill  for  an  act  entitled  an  act  to  amend  Chapter  89,  of  the  acts 
of  the  Tenth  General  Assembly,  entitled  an  act  for  the  relief  of 
the  families  of  soldiers  and  mariners  in  the  service  of  the  Uiuted 
States,  with  the  following  amendments,  viz : 

By  adding  an  "s"  to  the  word  "year,"  in  the  4th  line  of  the 
second  section;  and  after  the  figures  "1866,"  in  the  same  line, 
adding  "and  1867;"  by  striking  out  the  word  "two,"  in  the  fifth 
line,  and  insertiug  the  word  ''  one." 

By  striking  out  the  third  section,  and  inserting  sections  three  and 
four,  which  read  as  follows : 

"  Sec.  3.  All  moneys  raised  under  the  provisions  of  this  act, 
belonging  to  the  relief  fund,  shall  be  expended  under  the  provisions 
of  the  act  to  which  this  is  amendatory. 

"Sec.  4.  Sections  2  and  3,  and  all  other  parts  of  the  act  to 
which  this  is  amendatory,  in  conflict  with  the  provisions  of  this  act, 
are  hereby  repealed." 

By  making  Sec.  4,  Sec.  6. 

Concurrent  resolution  relative  to  the  establishment  of  a  National 
Bureau  of  Fducation,  with  the  following  amendment,  viz : 

By  striking  out,  at  the  end  thereof,  the  words,  "  and  to  the  secur- 
ing of  a  uni^rm  system  of  common  school  education  throughout 
the  United  States." 

•JAMES  M.  WE  ART, 

Assistant  Secretary. 

INTBODTJOTION  OF  BILLS. 

» 

Mr.  West  introduced  House  File  No.  191,  "  A  bill  for  an  act  to 
authorize  county  subscriptions  to  agricultural  societies,"  whicli  was 
read  first  and  second  times,  and  referred  to  the  Committee  on 
Agriculture. 

Mr.  Godfrey  introduced  House  File  No.  192,  "  A  bill  for  an  act 


HOUSE  OF  REPRE8KNTATIVEB.  305 

to  permanently  locate  the  institution  for  the  deaf  and  damb  at  Dee 
Moines,  and  to  provide  for  the  erection  of  baildings,  &c.,"  which 
was  read  first  and  second  times,  and  referred  to  the  Oommittee  on 
Deaf  and  Dnmb  Asylam. 

Mr.  Godfrey  introduced  House  File  No.  193,  "A  bill  for  an  act 
to  amend  Section  3370  of  the  Revision  of  1860,  in  relation  to  the 
appraisement  of  property,"  which  was  read  first  and  second  times, 
and  referred  to  the  Judiciary  Oommittee. 

Mr.  Burnett  introduced  House  File  No.  194,  A  bill  for  an  act 
to  provide  for  making  assessments  and  to  promote  the  collection 
of  taxes  and  assessments  of  cities  and  towns. 

Bead  first  and  second  times,  and  referred  to  the  Committee  on 
Incorporations. 

Mr.  Hale  introduced  House  File  No.  195,  A  bill  for  an  act  to 
permit  the  accused  to  testify  in  criminal  actions. 

Read  first  and  second  times,  and  referred  to  the  Judiciary  Com 
mittee. 

Mr.  Hale  introduced  House  Fite  No.  196,  A  bill  for  an  act  to  re- 
peal a  portion  of  Section  12  of  Chapter  160  of  the  Acts  of  the  9th 
General  Assembly. 

Read  first  and  secpnd  times,  and  referred  to  the  Committee  of 
Ways  and  Means. 

Mr.  Bolter  introduced  House  File  No.  197,  A  bill  for  an  act  to 
permit  Charles  P.  Brandriff  to  purchase  of  this  State  at  $1.25  per 
acre  the  W.  i  of  S.  W.  i  of  Section  13,  Township  79  N.,  R.  44, 
the  same  being  a  part  of  the  excess  500,000  grant. 

Read  first  and  second  times  and  referred  to  the  Committee  on 
Public  Lands. 

Mr.  Darwin  introduced  House  File  No.  198,  A  bill  for  an  act 
to  provide  for  a  special  term  of  the  District  Court  in  Lee  county. 

Read  first  and  second  times  and  referred  to  the  delegation  from 
Lee  county. 

Mr.  Darwin  introduced  House  File  No.  199,  A  bill  for  an  act 
to  provide  for  the  translation  into  and  publication  in  the  German 
language  of  the  laws  of  a  general  nature  passed  by  the  11th  Gen- 
eral Assembly  of  the  State  of  Iowa. 

Read  first  and  second  times  and  referred  to  the  Committee  on 
Printing. 

Mr.  Darwin  introduced  House  File  No.  200,  A  bill  for  an  act  to 
relinquish  an  escheat. 

Read  first  and  second  times  and  passed  upon  the  files. 

Mr.  Darwin  introduced  House  File  No.  201,  An  act  authorizing 
incorporate  cities  to  regulate  the  traffic  in  malt  and  spiritous 
liquors,  and  tor  other  purposes,  which  w|is  read  a  first  and  second 
time  and  referred  to  tne  Judiciary  Committee. 

Mr.  Wright  introduced  House  File  No.  202,  A  bill  for  an  act  to 
amend  Sub-Division  2,  Section  710,  Revision  of  1860,  which  was 
39 


306  JOURNAL  OF  THE 

read  a  first  and  second  time  and  referred  to  Oommittee  on  Countj 
and  Township  Organization. 

Mr.  Eussell  introduced  House  File  No.  203,  A  bill  for  an  act  re- 
suming lands  of  C.  B.  &  M.  R,  B.  B.,  and  conveying  them  to 
Iowa  Central  Air  Line,  their  grantees  or  assigns,  which  was  read 
a  first  and  second  time  and  referred  to  the  Committee  on  Bail- 
roads. 

Mr.  Gamble  introduced  House  File  No.  204,  A  bill  for  an  act 

to  legalize  the  city  election  of  the  city  of  Knoxville,  and  the  reor- 

'  ganization  of  the  city  government,  and  the  official  acts  of  the  city 

council  of  said  city,  which  was  read  a  first  and  second  time  and 

referred  to  Committee  on  Incorporations. 

Mr.  Bohlfs  introduced  House  File  No.  205,  A  bill  for  an  act  to 
legalize  and  regulate  the  sale  of  intoxicating  liquors,  which  was 
read  a  first  and  second  time. 

Mr.  Bohlfs  moved  that  the  bill  be  referred  to.  a  select  Commit- 
tee, of  which  Mr.  Wilson  of  Dubuque  should  be  Chairman. 

Mr.  Palmer  moved  to  amend  by  referring  it  to  the  standing 
Committee  on  the  Suppression  of  Intemperance. 

Mr.  By  an  moved  that  the  House  do  now  adjourn. 

The  motion  prevailed  and  the  House  adjourned. 


2  o'clock  p.  M. 

House  met  pursuant  to  adjournment. 

Mr.  Bereman  moved  that  the  bill  under  consideration.  House 
File  No.  205,  A  bill  for  an  act  to  legalize  and  regulate  the  sale  of 
intoxicating  liquors  be  laid  upon  the  table,  and  upon  that  question 
demanded  the  yeas  and  nays,  which  were  as  follows : 

The  yeas  were  Messrs.  Abernethy,  Beremen,  Bennett,  Boomer, 
Brown  of  Louisa,  Brown  of  Madison,  Brown  of  Winneshiek, 
Burnett,  Carbee,  Clark,  Crawford,  Dudley,  Dwelle,  Emery,  Flan- 
ders, Fry,  Gary,  Godfrey,  Graves,  Griffith,  Hand,  Holden,  Joy, 
Knapp,  Landes,  Linderman,  Maxwell,  McPherson,  McNutt,  M!c- 
Kean,  Morgan,  Palmer,  Foindexter,  Bunyan,  Safely,  Thacher, 
Travis,  Tisdale,  West,  Wilson  of  Jackson,  Wilson  of  Marshall, 
Williams  of  Winneshiek — 42. 

The  nays  were  Messrs,  Barnes,  Barker,  Bahl,  Bolter,  Brown  of 
Decatur,  Buck,  Close,  Comfort,  Conway,  Darwin,  Dashiel,  De- 
Forrest,  Fellows,  Gamble,  Garrett,  Garber,  Glasgow,  Goodrich, 
Hale,  Holmes,  Huggins,  Knox,  Leffingwell,  Lowdon,  Martin, 
O'Brien,  Olmstead,  ESgers,' Bohlfs,  Bussell,  Sapp,  Tracy,  Thomson, 
Thorn,  Van  Leuven,  Wright,  Wilson  of  Dubuque,  Williams  of 
Des  Moines,  Mr.  Speaker — 39. 

Absent  or  not  voting,  Messrs.  Abbott,  Alcorn,  Ballinger,  Belt, 
Brown  of  Van  Buren,Finkbine,  Gay  lord,  McCullough,  McLaugh- 
lin, Mills,  Byan,  Serrin,  Sherman,  Sipple,  Walden  and  Wilcox 
—16. 


HOlirSE  OP  REPRET8ENATIVB8.  307 

So  the  bill  was  laid  upon  the  table. 

Mr.  Dashiel  iDtroduced  House  File  No.  206,  A  bill  for  an  act 
to  regulate  the  sale  of  beer,  wine  and  cider,  which  was  read  a  first 
and  second  time  and  referred  to  the  Committee  on  Suppression  of 
Intemperance. 

Mr.  Brown  of  Winneshiek,  introduced  House  File  No.  207,  A 
bill  for  an  act  to  compel  owners  of  dams  to  construct  and  attach 
thereto  aprons  or  shutes,  which  was  read  a  first  and  second  time 
and  referred  to  the  Committee  on  County  and  Township  Organ- 
ization. 

Mr.  Rogers  introduced  House  File  No.  208,  A  bill  for  an  act  to 
authorize  the  city  councils  of  cities  in  this  State  to  grant  the  use 
of  the  streets  of  said  cities  for  the  construction  of  horse  railroads, 
which  was  read  a  first  and  second  time  and  passed  upon  the  Files. 

Mr.  Glasgow  introduced  House  File  No.  209,  A  oil!  for  an  act 
relating  to  Adjutant  General's  report  for  1867,  which  was  read  a 
first  and  second  time  and  referred  to  the  Committee  on  Military 
Afikirs. 

Mr.  Thorn  introduced  House  File  No.  210,  A  bill  for  an  act  to 
fine  and  imprison  administrators  and  executors  for  contempt  of 
court  and  neglect  of  duty,  which  was  read  a  first  and  second  time 
and  referred  to  Judiciary  Committee. 

Mr.  Thorn  introduced  House  File  No.  211,  A  bill  for  an  act  to 
amend  Chapter  146,  of  the  Revision  of  1860,  in  relation  to  assign- 
ment and  satisfaction  of  mortgages,  which  was  read  a  first  and 
second  time  and  referred  to  Judiciary  Committee. 

Mr.  Thorn  introduced  House  File  No.  212,  A  bill  for  an  act  to 
repeal  Chapter  26,  of  the  acts  of  the  Ninth  General  Assembly, 
which  was  read  a  first  and  second  time  and  referred  to  Judiciary 
Committee. 

Mr.  Abernethy  introduced  House  File  No.  213,  A  bill  for  an  act 
to  ascertain  the  citizens  entitled  to  the  right  of  suffrage  and  to  pre- 
vent fraudulent  voting,^  which  was  read  first  and  second  times  and 
referred  to  Committee  on  Elections,  and  ordered  printed. 

Mr.  Tisdale  introduced  House  File  No.  214,  A  bill  for  an  act  to 
amend  Sections  1267  and  1269  of  the  Revision  of  1860,  allowing 
juries  to  assess  damages,  which  was  read  first  and  second  times, 
and  referred  to  Committee  on  Domestic  Manufactures. ' 

Mr,  Finkbine  introduced  House  File  No.  215,  A  bill  for  an  act 
providing  for  the  completion  of  the  Geological  Survey  of  the  State 
of  Iowa,  which  was  read  first  and  second  times. 

Mr.  Finkbine  moved  that  the  bill  be  referred  to  a  select  commit- 
tee of  five,  and  ordered  printed. 

The  motion  prevailed. 

The  Speaker  appointed  as  such  Committee,  Messrs.  Finkbine, 
Sapp,  Barker,  Sherman,  and  Joy. 

Mr.  Joy  introduced  House  File  No.  216,  A  bill  for  an  act  to 
amend  Section  765  of  Chapter  45,  of  the  Revision  of  1860,  which 


308  JOURNAL  OF  THE 

was  read  first  and  second  times,  and  referred  to  Committee  on 
Ways  and  Means. 

Mr.  Wilson,  of  Jackson,  introduced  House  File  No.  217,  A  bill 
for  an  act  to  amend  an  act  to  provide  for  payment  of  taxes  and  the 
interest  and  principal  of  the  School  Fund  in  Treasury  notes,  issued 
as  legal  tender  by  authority  of  the  Government  of  the  United 
States,  &c.,  which  was  read  nrst  and  second  times  and  referred  to 
Committee  on  Ways  and  Means. 

Mr.  Holden  introduced  House  File  No.  218,  A  bill  for  an  act  to 
repeal  Section  1760  of  Revision  of  1860,  which  was  read  first  and 
second  times  and  referred  to  Committee  on  Incorporations. 

Mr.  Kussell  introduced  House  File  No.  219,  A  bill  for  an  act  to 
legalize  the  official  acts  of  S.  C.  Johnson,  a  Justice  of  the  Peace 
in  Jones  county,  Iowa,  which  was  read  first  and  second  times,  and 
referred  to  Judiciary  Committee. 

Mr.  Holden  introduced  House  File  No.  220,  A  bill  for  an  act  to 
amend  Sections  312  and  1389  of  the  Revision  of  1860,  which  was 
read  first  and  second  times  and  referred  to  Committee  on  County 
and  Township  Organization. 

Mr.  Holden  introduced  House  File  No.  221,  A  bill  ior  an  act  to 
amend  Chapter  137  of  the  Laws  of  the  Ninth  General  Assembly, 
which  was  read  first  and  second  times  and  referryed  to  Committee 
on  Compensation  of  Public  Officers. 

Mr.  Brown,  of  Decatur,  introduced  House  File  No.  222,  A  bill 
for  an  act  to  amend  Section  3304,  Chapter  125,  Revision  of  1860, 
which  was  read  first  and  second  times,  and  referred  to  Judiciary 
Committee. 

Mr.  Close  introduced  House  File  No.  223,  A  bill  for  an  act  to 
amend  Section  1267  of  the  Revision  of  1860,  in  relation  to  mill 
dams,  which  was  read  a  first  and  second  time,  and  referred  to  the 
Committee  on  the  Judiciary. 

Mr.  Brown,  of  Winneshiek,  presented  a  report  from  the  Select 
Committee  appointed  to  investigate  the  affairs  of  the  Iowa  State 
Penitentiary^  as  follows : 

The  undersigned  Committee,  to  whom  was  assigned  the  duty  of 
visiting  and  inspecting  the  Penitentiary,  beg  leave  to  submit  the 
following  report: 

Your  Committee  investigated  the  manner  in  which  the  appro- 
priations made  by  the  10th  General  Assembly  have  been  expended 
and  applied,  and  also  the  expediency  of  the  improvements  sug- 
gested in  the  Warden's  report.  The  10th  General  ABsembly  made 
the  following  appropriations : 

For  Hospital  buildings |8,100.00 

For  completing  yard  wall ; 6,796.00 

For  building  Warden's  house 5,000.00 

.  For  furnishing  cells 2,002.00 

For  safe 250.00 

The  hospital  building  is  aaubstantial  two-story  brick  edifice,  con- 


HOUSE  OP  REPRESENTATIVES.  309 

taining  kitchelti  and  dining  room  below,  and  hospital  and  Chapel 
above.  Except  sealing  the  Chapel,  the  bnilding  is  completed. 
The  money  appropriated  will  complete  the  work. 

The  appropriation  for  completing  the  yard  wall  has  been  ex- 
pended for  that  purpose,  and  the  entire  wall  is  completed,  with  the 
exception  of  about  26  perch  of  cut  stone  coping. 

The  amount  appropriated  for  the  Warden's  house  has  been  ap- 
plied to  the  erection  of  a  handsome  and  convenient  brick  dwelling 
containing  fourteen  rooms.  The  building  is  substantial  and  in 
good  taste. 

The  amount  appropriated  for  completing  the  third  tier  of  cells 
will  be  suflScient  to  iinish  the  work,  making  in  the  aggregate  one 
hundred  and  sixty-two  cells. 

The  amount  received  by  the  Warden  from  the  State  for  the  con- 
struction of  a  safe,  was  applied  to  the  Warden's  house  fund,  and  in 
connection  with  that  building  a  clerk's  oflSce  and  substantial  vault 
were  built.  In  the  vault  is  kept  the  safe  containing  the  books  and 
papers  of  the  prison. 

Yonr  Committee  unite  in  the  opinion  that  all  the  appropriations 
made  by  the  Tenth  General  Assembly  for  purposes  connected  with 
the  State  Prison  have  been  faithfully  applied  to  their  several  objects 
with  due  regard  to  the  best  interests  of  the  State. 

Yonr  Committee  have  investigated  the  expediency  of  the  several 
improvements  for  which  apprgpriations  are  asked  in  the  Warden's 
report ;  and,  while  we  agree  with  the  Warden  in  the  propriety  of 
the  improvements  suggested,  yet,  in  view  of  the  present  high  rates 
of  taxation  and  public  expense,  we  are  of  the  opinion  that  some 
of  the  appropriations  may  be  postponed  until  the  next  General 
Assembly  without  serious  detriment  to  the  State.  We  recommend 
the  following  appropriations: 
For  apparatus  for  heating  and  lighting  cell  building,  $3,100.00 

For  finishing  pointing  walls*. 1,000.00 

For  slate  roof  on  cell  building 4,000.00 

For  furnishing  Warden's  house 1,000.00 

For  extending  sewer 8,000.00 

For  protection  against  fire 10,000.00 

The  cell  building  is  badly  warmed  and  lighted.  On  this  point 
we  fully  concur  witn  the  Committee  appointed  by  the  Tenth  Gen- 
eral Assembly,  expressed  in  their  report  as  follows  : 

"  The  building  is  poorly  lighthed,  and  not  wa/rmed  at  all^  the 
apparatus  used  for  heating  being  common  stoves,  which  are  set  at 
such  a  distance  from  the  chimneys  as  to  require  about  one  hundred 
feet  of  pipe,  fixed  with  an  occasional  drum,  so  as  to  keep  up  a  great* 
deal  more  smoke  than  heat."  If  vengeful  punishment  is  the  only 
object  sought,  the  cell-room  should  remain  as  it  is,  cold  and  dark. 
But  if  any  reformation  in  the  character  of  those  imprisoned  is  de- 
sired, a  change  should  be  made.    Your  committee  therefore  recom- 


310  JOURNAL  OP  THE 

mead  that  an  appropriation  be  made  for  properly*  lighting  and 
warming  the  cell-room. 

The  old  wall  needs  pointing  with  mortar,  to  place  it  in  a  good 
state  of  preservation.  We  therefore  recommend  an  appropriation 
for  that  purpose. 

The  cell-building  is  covered  with  an  old  shingle-roof,  worthless, 
and  liable  to  take  nre  at  any  time.  In  view  of  the  fact  that  no  in- 
surance can  be  obtained  on  prison  property,  we  recommend  that  a 
slate  roof  be  substituted. 

From  the  fact  that  the  Warden  is  elected  for  only  two  years,  he 
cannot,  at  the  salary  he  receives,  afford  to  furnish  the  Warden's 
house.  An  appropriation  of  one  thousand  dollars  is  therefore 
recommended. 

There  is  a  tract  of  unbroken  land  between  the  prison  and  the 
Mississippi  river,  containing  about  twelve  acres.  On  this  ground 
are  three  dwelling  houses  and  a  distillery.  The  creek  into  which 
the  prison  sewer  empties  runs  across  this  land,  and  the  owners  have 
offered  to  sell  the  property  to  the  State  for  twelve  thousand  dollars. 
Unless  the  State  buys  the  land,  it  will  be  necessary  to  inclose  the 
sewer  to  the  river,  a  distance  of  950  feet,  at  an  estimated  cost  of 
$8,000.00.  The  purchase  of  this  property  will  also  greatly  reduce 
the  cost  of  providing  the  Penitentiary  with  proper  protection 
against  fiire ;  and  this  for  the  reason  that  a  reservoir  can  easilj  be 
constructed  on  a  hill  situated  immediately  in  rear,  and  above  the 
prison,  into  which  water  can  be  forced  by  an  engine  erected  on  this 
property.  The  engine  is  in  good  order,  and  is  well  adapted  to  the 
use  suggested.  The  water  can  be  easily  conducted  by  pipes,  from 
the  river,  to  all  parts  of  the  prison,  and  thus  afford  easy  means  of 
extinguishing  fires,  without  the  necessity  of  turning  out  the  con- 
victs, and  thereby  offering  them  chances  of  escape. 

Your  committee  are  of  the  opinion,  therefore,  that  it  would  be 
to  the  interest  of  the  State  to  buy  the  land,  and  also  appropriate 
$3,000  to  complete  the  arrangements ;  for  in  this  way  the  State  can 
possess  the  land  and  accomplish  the  same  ends  at  a  less  expense 
than  would  be  required  to  extend  the  sewer  and  protect  the  prison 
trom  fires  in  any  other  manner. 

In  conclusion,  your  committee  beg  leave  to  report  that  they 
found  the  management,  discipline,  and  sanitary  condition  of  the 
prison  most  excellent,  there  having  been  no  escapes,  and  but  one 
death,  in  five  years. 

All  of  which  is  respectfully  submitted. 
[Signed]  EDWARD  H.  STILES, ) 

^  J.  II.  BROWN,  [  Committee. 

M.  M.  WALDEN,  ) 

The  report  was  laid  upon  the  table. 

Mr.  Goodrich  from  the  Select  Committee  appointed  to  investi- 
gate and  report  upon  the  affairs  of  the  Blind  Asylum,  submitted 
a  report  which  was  laid  upon  the  table  and  ordered  printed. 


HOUSE  OP  RBPRE8BNTATIVBS.  311 

To  tiis  General  Assembly  of  the  State  of  Iowa  : 

Your  Committee  appointed  in  parsnance  of  the  Joint  Besolation 
of  the  General  AsBemblyto  visit  the  Iowa  Institution  for  the  Edu- 
cation of  the  Blind,  located  at  Yinton,  in  Benton  county,  have 
performed  that  duty,  and  beg  leave  to  submit  the  following  report : 

BUILDINGS  AND  GROUNDS. 

We  found  the  principal  building  commodious  and  well  adapted 
to  the  purpose  for  which  it  was  erected.  It  was  in  as  good  order 
as  we  could  have  expected  to  find  it,  considering  the  state  of  the 
weather,  and  the  facilities  afforded  for  furnishing  and  heating  the 
house.  The  workshop  which  has  been  erected  recently,  is  not 
quite  finished,  but  is  being  used  as  a  broom  factory.  It  is  rather 
small,  and  will  doubtless  have  to  be  enlarged  at  no  distant  day. 
^The  grounds  surrounding  the  building  and  oelon^in^  to  the  Insti- 
^tution,  consist  of  forty  acres.  They  are  tastefully  laid  out,  well 
fenced  in  convenient  lots,  and  in  good  order.  About  nineteen 
acres  are  in  cultivation,  more  than  half  of  which  were  devoted  to 
the  production  of  broom  corn,  to  be  used  in  the  workshop  con- 
nected with  the  Institution. 

THB   MANAGBMSNT. 

We  found  the  ofiicers  and  teachers  courteous  and  attentive,  ten- 
der and  considerate  of  the  welfare  of  the  unfortunate  persons  under 
their  supervision,  and  exhibiting  evidence  of  skill  and  deep  inter- 
est in  the  performance  of  their  duties.  The  inmates,  fifty-eight  in 
number,  were  cheerful  and  contented,  and  seemed  to  be  making 
fair  progress  in  their  studies. 

Your  Committee  cannot  refrain  from  expressing  their  gratifica- 
tion that  this  noble  charity  has  been  so  well  administered,  and  that 
the  management  seems  to  be  lodged  in  such  competent  hands. 

INDUSTRIAL    PURSUITS. 

The  mechanical  department,  consisting  simply  of  a  broom  factory 
is  under  the  direction  of  John  Cisna,  himself  blind,  and  we  saw 
specimens  of  brooms  made  by  the  inmates  exhibiting  superior  skill. 
One  John  Thompson,  aged  thirty-nine  years,  and  who  has  been 
blind  for  three  years,  came  to  the  institution  last  September,  and 
has  already  learned  to  make  a  pretty  good  broom,  besides  making 
some  progress  in  intellectual  studies,  thus  showing  the  advantages 
of  the  institution  to  persons  considerably  advanced  in  years.  From 
being  a  burden  to  his  county,  in  one  year  he  will  be  provided  with 
the  means  of  making  a  comfortable  support.  This  opportunity 
seems  to  be  a  light  to  him  in  his  darkness,  and  an  oasis  in  his  des- 
ert life.    Instead  of  being  a  barren  waste,  these  people  by  being 


312  JOURNAL  OP  THE 

taught  thus  to  '^  see  with  their  fingers,'^  will  find  their  life  not  al- 
together destitute  of  blessings  and  usefulness. 

In  the  female  department  we  observed  a  large  number  of  speci- 
mens of  bead  work,  both  ornamental  and  useful.  Some  of  these 
specimens  were,  indeed,  very  fine,  and  would  do  credit  to  skillful 
fingers,  aided  by  practiced  vision. 

MUSIC. 

Nearly  all  the  inmates  are  passionately  fond  of  music,  both  vocal 
and  instrumental,  and  many  of  them  have  made  considerable  pro- 
ficiency in  this  elegant  science.  As  this  branch  of  the  institutiion 
is  their  only  source  of  amusement,  and  may  become  the  means  of 
obtaining  a  livelihood  to  many  of  them,  and  inasmuch  as  music  ex- 
ercises so  elevating  and  refining  an  influence  upon  the  mind  and 
heart,  special  attention  should  be  given  to  it,  and  liberal  provision 
made  for  furnishing  teachers  and  instruments. 

LIBBAST. 

It  is  the  custom  of  the  teachers  to  assemble  the  inmates,  and 
read  to  them  from  standard  authors  on  history,  biography,  &c.,and 
also  the  news  of  the  day.  This  is  wise  and  largely  beneficial,  and 
.  should  be  encouraged  by  supplying  the  necessary  books  and  papers. 
Our  attentfon  was  particularly  directed  to  the  scanty  library,  and 
the  fact  that  the  few  bopks  in  it  are  much  worn  and  out  of  date. 
Liberal  provision  should  be  made  for  supplying  new  and  standard 
works. 

THE     TABLE 

Was  well  supplied  with  substantial  provisions,  but  we  are  assured 
by  the  Superintendent  that  the  allowance  for  the  table  expenses 
had  been  found  too  small,  and  it  required  extraordinary  economy 
to  make  it  meet  the  wants  of  the  institution.  It  is  thought  neces- 
sary, and  your  Committee  would  recommend,  that  the  allowance 
to  each  inmate  be  forty  dollars  per  quarter,  being  ten  dollars  more 
thun  the  present  rate. 

OLOTIIINO. 

We  observed  a  necessity  for  making  some  allowance  for  furnish- 
ing suitable  clothing  for  some  of  the  inmates.  The  unfortunate 
f)er6ons,  for  whose  benefit  the  institution  is  established,  often  be- 
ong  to  poor  families  whose  scanty  means  afford  a  very  small  mar- 
gin for  supplying  the  necessary  clothing  from  home.  We  regard 
it  as  the  duty  of  the  State  in  such  cases  to  supply  this  need. 


HOUSE  OF  REPRESENTATIVES.  813 

INSUBANCB. 

The  baildiDgs  should  be  kept  insured,  but  we  are  informed  that 
CO  provision  by  law  has  been  made  for  this  purpose,  and  the  Trus- 
tees deem  such  authority  and  an  appropriation  to  meet  the  expense 
thereof  necessary. 

THK  WANTS  OF  THE  INSTITITTION. 

We  regret  to  have  found  the  building  inadequately  furnished 
and  heated.  Chairs,  carpets,  and  bedsteads  are  greatly  needed. 
The  bedding  is  not  only  insuflBcient  in  quantity,  but  of  inferior 
quality,  and  much  worn.  The  musical  instruments  are  battered 
and  worn,  and  many  of  them,  especially  the  pianos,  ought  as  soon 
as  practicable,  to  be  replaced  with  new  ones,  and  a  number  of  in- 
struments for  the  band  should  be  supplied. 

Your  Committee  deem  good  furnaces  for  heating  the  buildings 
absolutely  indispensible  to  the  comfort  of  the  inmates,  and  the 
safety  of  the  property.  So  lar^e  a  building  cannot  be  comfortably 
warmed  with  stoves.  A  sufficient  number  of  stoves  would  con- 
same  enormous  quantities  of  fuel,  and  require  the  employment  of 
firemen  who  can  see.  Owing  to  the  fact  that  the  inmates  cannot 
see  the  coals  that  occasionally  fall  from  the  stoves,  the  floors  are 
scorched,  and  in  some  instances  holes  are  burned  quite  through 
them  ;  and  the  girls'  dresses  coming  in  contact  with  hot  stoves  are 
constantly  endangering  the  lives  of  the  inmates  and  the  security 
of  the  property.  The  halls  are  large  and  in  midwinter  very  cold, 
and  the  dormitories  entirely  destitute  of  heating  facilities.  It 
is  unsafe  to  permit  stoves  in  the  sleeping  apartments.  We 
cannot  contemplate  without  horror  the  disaster  that  would  result 
from  the  burning  of  such  a  building  filled  with  sleeping  inmates, 
unbles-sed  with  the  sense  of  sight.  On  the  other  hand  it  makes 
one  shudder  to  think  of  three  score  persons,  whose  condition  makes 
tbem  tardy  retiring  to  or  rising  from  their  icy  beds  in  midwinter 
in  the  third  story  of  a  high,  isolated  stone  building. 

If  good  furnaces  were  supplied,  the  heat  rising  from  the  regis- 
ters in  the  halls  would  impart  sufficient  warmth  to  the  dormitories 
iKnd  rooms  not  otherwise  supplied,  and  add  greatly  to  the  comfort 
and  health  of  all  the  inmates.  The  halls  were  nearly  as  cold  as 
the  open  air,  and  when  your  committee  visited  the  Institution,  wa- 
ter would  turn  to  ice  instantly  on  coming  in  contact  with  the  floor 
of  the  halls,  and  rooms  not  supplied  with  stoves,  making  it  imprac- 
ticable to  wash  and  keep  them  in  proper  order.  On  opening  the 
doors  of  the  rooms  heated  by  stoves,  the  cold  rushes  in  almost  as 
much  as  if  the  communication  was  with  the  open  air.  Economy, 
safety  and  comfort  alike  demand  the  speedy  erection  of  furnaces. 

It  is  manifest  that  at  least  a  team  ot  horses  for  use  of  officers 
and  inmates,  and  to  aid  in  cultivating  the  farm,  and  a  number  of 
40 


314  JOURNAL  OP  THE 

milch  cowB  are  indispensible.  Milk  is  an  indispensible  article  and, 
furniBked  in  liberal  quantities^  adds  verj  mnch  to  the  comforts  of 
the  table,  and  the  economy  of  the  culinary  department.  The  mere 
mention  of  these  subjects  is  sufficient  to  indicate  the  necessity  for 
a  good  barn  to  shelter  the  stocl^  and  store  their  provender. 

A  woodshed  is  also  much  needed.  Additional  machinery  is 
much  needed  in  the  workshop,  and  provisions  for  enlar^in^  the 
shop  should  be  made,  to  meet  the  crrowing  demands  of  the  Insti- 
tution. The  library  should  at  once  be  replenished,  and  necessary 
musical  instruments  furnished. 

CONCLUSION. 

The  Committee  deem  it  a  duty  they  owe  to  the  State,  and  the 
unfortunate  class  of  persons  for  whose  benefit  this  exalted  charity 
is  dispensed,  to  recommend  that  liberal  appropriations  be  made 
for  the  support  of  the  Institution,  and  for  procuring  the  furniture 
and  improvements  to  which  we  have  alluded  in  this  report,  that 
the  Institution  may  be  an  honor  to  the  State  and  a  blessing  to 
those  who,  being  deprived  of  the  light  of  Heaven,  may,  through 
the  means  thus  furnished  by  the  fostering  care  of  the  State,  have 
their  minds  released  from  the  prevailing  darkness,  and  their 
fingers  taught  the  curious  handicraft  that  will  make  them  useful 
members  of  society,  and  afford  them  the  means  of  procuring  for 
themselves  a  comfortable'support. 

Such  a  charity  should    not  be  dispensed  with  a  parsimonious 
hand. 
All  of  which  is  respectfully  submitted. 

D.  G.  GOODKICH, 
C.  CLOSE, 

On  the  part  of  the  House. 
H.  C.  HENDERSON, 

On  the  part  of  the  Senate. 
Mr.  Sherman  moved  that  the  House  do  now  adjourn. 
The  motion  prevailed,  and  the  House  adjourned. 


Hall  or  the  House  of  Repbesentatives,  ) 

Des  Moines,  March  1, 1866.      ) 


House  met  pursuant  to  adjournment. 

Speaker  in  the  chair. 

Prayer  by  Rev.  J.  A.  Nash. 

Journal  of  yesterday  read  and  approved. 


HOUSE  OP  RBPRBSENTATlVEa  315 

HE88AGB  FSOM  THB  SENATE. 

The  following  message  was  received  from  the  Senate  : 

Mr.  Speaker  : — I  am  directed  to  inform  your  honorable  body 
that  the  Senate  has  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked : 

Senate  File  No.  42,  A  bill  for  an  act  for  the  transfer  of  real 
estate,  to  regulate  the  assessment  thereof,  and  facilitate  the  collec- 
tdon  of  revenue. 

JAMES  M.  WEART,  Ass't  Secretary. 

By  leave,  Mr.  Holden  presented  two  petitions  from  citizens  of 
"Washington  county,  asking  for  the  repeal  of  the  Prohibitory 
liiquor  law,  which  was  referred  to  the  Committee  on  Suppression 
of  Intemperance. 

Mr.  Holden  presented  a  petition  fron  R.  Dewey  and  others,  citi- 
zens of  Washington  county,  asking  for  an  increase  in  the  fees  of 
Sheriffs,  which  was  referred  to  the  Committee  on  Compensation  of 
Public  Officers. 

Mr.  Gamble  presented  a  remonstrance  from  W.  B.  Toilng  and 
others  against  the  repeal  of  the  Prohibitory  Liquor  Law,  which 
nvBS  referred  to  the  Committee  on  Suppression  of  Intemperance. 

Mr.  Bereman  presented  a  similar  remonstrance  from  the  Society 
of  Friends  of  Henry  county,  which  was  referred  to  the  same  Com- 
mittee. 

Mr.  Flanders  presented  a  resolution  adopted  by  the  City  Coun- 
cil of  Burlington,  asking  for  a  change  in  the  present  hquor  law, 
-which  was  referred  to  the  same  committee. 

Mr,  Gaylord  presented  petitions  from  John  Howard  and  others, 
citizens  ot  Floyd  county,  asking  for  legislation  compelling  the  Mc- 
Gregor  Western  Railroad  Company  to  build  certain  lines  of  road 
in  Floyd  county,  which  was  referred  to  the  Committee  on  Rail- 
roads. 

Mr.  Hand  presented  a  remonstrance  from  D.  P.  Russell  and 
others,  citizens  of  Humboldt  county,  against  the  resumption  of  the 
lands  granted  to  the  Dubuque  &  Sioux  City  Railroad  Company, 
wdich  was  referred  to  the  same  committee. 

Mr.  Clark  presented  a  petition  from  L.  B.  Nelson  and  others, 
citizens  of  Tama  county,  asking  for  an  increase  of  Sheriff's  fees, 
"W^hich  was  referred  to  the  Committee  on  Compensation  of  Public 
Officers. 

Mr.  DeForest  presented  a  petition  from  O.  A.  Patterson  and 
others,  citizens  of  Johnson  count}^,  asking  for  an  increase  in  the 
fees  of  Justices  of  the  Peace,  which  was  referred  to  the  same  com- 
mittee. 

Mr.  McPherson  presented  petitions  from  Nathan  Hill,  C.  P. 
Gilbert,  and  others,  citizens  of  Guthrie  county,  asking  for  the  pas- 
sage of  an  act  to  restrain  stock  from  running  at  large,  which  was 
referred  to  the  Committee  on  Agriculture. 


316  JOURNAL  OF  THE 

Mr.  Brown,  of  Van  Buren,  preseRted  a  petition  from  Rev.  F.  F. 
Henderson  and  others,  citizens  of  Jefferson  county,  praying  for  a 
cornpnleory  system  of  education  in  our  common  schools,  which  was 
referred  to  the  Committee  on  Schools. 

Mr.  West  presented  a  petition  from  Enoch  Dorrs  and  others, 
citizens  of  Henry  county,  asking  for  a  change  in  the  law  with 
reference  to  school  districts,  whicn  was  referred  to  the  same  com- 
mittee. 

Mr.  Gaylord  presented  a  petition  from  the  bar  of  Floyd  county, 
asking  for  the  establishment  of  a  Law  Department  to  the  State 
University,  which  was  referred  to  Committee  on  State  University. 

Mr.  Holmes  presented  a  similar  petition  from  the  bar  of  Waverly, 
Bremer  county ; 

Mr.  Dudley,  from  the  bar  of  Ottumwa,  Wapello  county; 

Mr.  Griffith,  from  the  bar  of  Indianola,  Warren  county ; 

Mr.  Crawford,  from  the  bar  of  Quincy,  Adams  county ; 

Mr.  Crawford,  from  the  bar  of  Montgomery  county ; 

Mr.  Huggins,  from  the  bar  of