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JOURNAL 


OFTHB 


House  of  Representatives 


OWTBM 


TWENTY-SIXTH  GENERAL  ASSEMBLY, 

EXTRA  SESSION. 


OWTBM 


STATE  OF  IOWA, 


Which  Convened  at  the  Capitol  in  Des  Moines,  January  19, 1897, 

and  Adjourned  July  2,  1897. 


DES  KOINES: 

r.  B.  CONAWAT,  STATS  PRIimil. 

1807. 


OFFICERS  OF  THE  HOUSE. 


Speaker: 
HON.  H.  W.  BYERS,  Harlan. 

Speaker  pro  tern: 
HON.  C.  C.  DOWELli,  Dks  Moines. 

Cbkf  Clerk: 
JAMES  D.  ROWEN,  DBS  MoiNES. 


Firat  Asatstmnt  Ckrk,  - 
Seeoad  AaaiatMot  Clerk,  - 
Bogrosaing  Clerk, 
Enrolling  Chrk, 
Asaiatant  Pastmiatresa, 
Sergeaat-Bt'Armai    - 
Journal  Clerk, 
AaaiatMot  Journal  Ckrk, 
BUI  Clerk,      - 
Pac  Clerk, 
Speaker*a  Clerk,    - 
Doorkeeper,       -        .       . 


Sherman  F.  Myers,  Anita. 

-  Ford  Howell,  Milton. 
Mrs  Mollie  Heist,  Eldon. 

-  Minnie  Nebbrgall,  Hull. 
LORBNA  MoQuiN,  Norway. 

-  J.  H.  Wilson,  Casey. 
J.  M.  BiXLER,  Coming. 

-  F.  W.  Bbckman,  Manilla. 
Belle  Mbtoalf,  Winthrop. 

-  H.  F.  Burns,  Osceola. 
C.  R  Benedict,  Shelby. 

-  A.  C.  BOALS,  Hampton. 


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JOURNAL  OF  THE  HOUSE. 


Hall  of  the  House  of  Rbprbsbntatiyss,      ) 
Dbs  Moines,  Iowa,  Tuesday,  January  19,  1897.  ) 

PursuaDtto  the  proclamation  of  the  Governor,  convening 
the  Twenty-sixth  General  Assembly  in  extra  session,  the 
House  was  called  to  order  by  Speaker  Byers,  at  10  a.  m. 

Prayer  was  offered  by  Rev.  Joshua  Jester. 

Upon  motion  of  Mr.  Dowell;  James  D.  Bowen  was  made 
temporary  Chief  Clerk. 

The  roll  was  then  called  to  ascertain  if  there  was  a  quorum 
present,  with  the  following  result: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byiugton,  Clark,  Classen,  Cook,  Corn- 
wall, Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Pinch,  Prazee,  Prink,  Punk,  Garner,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of  Webster,  John- 
ston of  Prankliu,  Klemme,  Ladd,  Lambert,  Lauder,  Lavender, 
Loomis,  Lowry,  McAchran,  McArthur,  McDonald,  McDowell, 
McNulty,  McQuin,  Manahan,  Marti,  Martin,  Majme,  Merriam, 
Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy, 
Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott, 
Porter,  Potter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott, 
Smith,  Spaulding,  St.  John,  Sullivan,  Temple,  Thompson, 
Tibbitts,  Van  Houten,  Watters,  Weaver,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 96. 

Absent: 

Messrs.  Chapman,  Miller  of  Cherokee,  Voelker-8. 

Mr.  Fank  moved  that  Mr.  James  D.  Rowen  be  made  pernu^* 
nent  Chief  Clerk  of  the  House. 

The  roll  was  then  called. 

Those  voting  for  Mr.  Rowen  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady^ 
Brant,  Brighton,   Brinton,   Byington,   Clark,  Classen,   Cook^ 


2  JOURNAL  OF  THE  HOUSE.  [Jan.  19, 

Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Pinch,  Frazee,  Prink,  Punk,  Garner,  Good,  Griswold, 
Grote,  Gurley,  Haugen,  Hanger,  HazeD,  Hendershot,  Hink- 
house,  Hinman,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of 
Webster,  Johnston  of  Pranklin,  Klemme,  Ladd,  Lambert, 
Lauder,  Lavender,  Loomis,  Lowry,  McAchran,  McArthur, 
McDonald,  McDowell,  McNulty,  McQuin,  Manahan,  Marli, 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of 
Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nietert,  Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Pren- 
tis,  Putnam,  Bay,  Reed,  Scott,  Smith,  SpauldiDg,  St.  John, 
Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten,  WatterF, 
Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Wood,  Mr.  Speaker— 96. 

Absent  or  not  voting: 

Messrs.  Chapman,  Miller  of  Cherokee,  Voelker — 8. 

Mr.  Bowen  was  declared  duly  elected  Chief  Clerk,  and  the 
oath  of  office  was  administered  by  the  Speaker. 

Mr.  Punk  offered  the  following  resolution  and  moved  its 
adoption: 

Resolved,  That  th«  following^  named  persons  be  elected  as  the  per- 
manent officers  for  the  House  of  Bepresentatives  of  the  extra  session  of 
the  Twenty-sixth  General  Assembly,  viz:  Sherm  F.  Myers,  First  Assistant 
Clerk;  Ford  Howell,  Second  Assistant  Clerk;  Mrs.  MoUie  Heist,  Engross- 
ing  Clerk;  Minnie  Nebergall,  Enrolling^  Clerk;  John  M.  Bixler,  Journal 
Clerk;  F.  W.  Beokman,  Journal  Clerk;  Belle  Metcalf,  Bill  Clerk;  H.  F. 
Bumes,  File  Clerk;  J.  H.  Wilson,  Serg'eant  at  ^rms;  A.  C.  Boals,  Chief 
Doorkeeper;  Lorena  MoQuin,  Assistant  Postmistress;  J.  Heffelfinger, 
Assistant  Doorkeeper;  B.  S.  Harriman,  Assistant  Doorkeeper;  W.  H. 
Doane,  Assistant  Doorkeeper;  Henry  Johnson,  Assistant  Doorkeeper; 
R.  Blizzard,  Assistant  Doorkeeper;  A.  C.  Guston,  Assistant  Doorkeeper; 
B.  M.  Boyd,  Assistant  Doorkeeper;  G.  W.  Smith,  Assistant  Doorkeeper; 
Clark  H.  Harris,  Janitor;  Nate  Middleton,  Janitor;  Ed.  Goode,  Janitor; 
Geo.  Stovall,  Janitor;  Dwig'ht  French,  Speaker's  Page;  Geo.  M.  Bowen, 
Chief  Clerk's  Page;  Pearl  Tibbitts,  Page;  W.  P.  Murphy,  Page;  Harold 
Maysent,  Page;  Alvah  Miller,  Page;  Jessie  Danforth,  Page;  Fay  Ashley, 
Page;  Pearl  S.  Doane,  Page;  Ella  Potts,  Page;  Fred  Allen,  Page,  and 
that  the  organization  in  all  other  respects  remain  as  at  the  regular  session, 
save  that  thirteen  members  be  added  to  each  division  of  the  Code  Be  vision 
Committee,  making  each  of  said  divisions  comprise  twenty  members. 

Mr.  McNulty  moved  to  amend  by  substituting  the  name  of 
Mr.  P.  D.  Brown  in  place  of  Greo.  Stovall  as  Cloak  Boom  Jan- 
itor. 

Lost. 


1897.]  JOURNAL  OF  THE  HOUSE.  3 

Mr.  Parker  moved  to  amend  by  substituting  the  name  of 
Mr.  Earhart  for  Mr.  Greo.  W.  Smith  as  Doorkeeper. 

Lost. 

Mr.  Huntley  moved  that  Mr.  Smith's  name  as  Doorkeeper 
be  omitted,  and  the  place  be  left  vacant. 

Lost,  by  a  vote  of  34  yeas  to  40  nays. 

The  original  resolution  was  then  adopted. 

The  newly  elected  officers  of  the  House  then  assembled  in 
front  of  the  Speaker's  deek  and  received  the  oath  of  office  as 
administered  by  Speaker  Byers. 

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

Whbbbas,  The  duties  of  the  Chief  Clerk  will  be  particularly  exactizig> 
and  arduous  during?  the  present  session,  and 

Whereas,  A  stenographer  will  materially  assist  him  in  expediting  the 
business  of  the  House, 

Ther^0T€y  he  it  resolved,  That  the  Chief  Clerk  of  this  House  be  authorized 
to  appoint  a  stenographer  during  the  present  extra  session,  with  the  same 
compensation  as  a  committee  clerk. 

The  resolution  was  laid  over  under  rule  84. 

The  following  committees  were  appointed  as  the  Code  Com- 
mittees: 

CODE  REVISION  COMMITTEE,   DIVISION  NUMBEB  1. 

Temple,  M.  L.,  Chairman,  of  Clarke;  Griswold,  H.  J.,  of  Buchanan 
Reed,  J.  F.,  of  Story;  Brighton,  H.  H.,  of  Jefferson;  Lauder,  J.  W.,  of 
Union;  Nietert,  H.  J.,  Linn;  Hayes,  Walter  I.,  Clinton;  Cook,  R.  E.,  Mont- 
gomery; Wells,  N.  A.,  Jasper;  Miller,  Wireman,  Cherokee;  Chapman,  W. 
B.,  Woodbury;  Clark,  J.  M.,  Adams;  Classen,  J.  B.,  Marshall;  Doubleday, 

0.  E.,  Polk;  Bailey,  C.  F.,  Sioux;  Frink,  H.  0.,  Page;  Lambert,  Thos.,  Jack- 
son; McDowell,  J.  P.,  Iowa;  Van  Houten,  Geo.,  Taylor;  Ladd,  W.  G., 
Butler. 

CODE  REVISION  COMMITTEE,  DIVISION    NUMBEB  2. 

Allen,  W.  S.,  Chairman,  of  Van  Buren;  Com  wall,  W.W.,  of  Clay;  Haugen, 
G.  N.,  of  Worth;  McArthur,  W.  C,  of  Des  Moines;  St.  John,  R.  T.,  of  Mitch- 
ell; Whelan,  M.  K.,  of  Emmet;  Manahan,  F.  B.,  of  Plymouth;  Hendershot, 

1.  B.,  of  Marion;  Baker,  George,  of  Scott;  Hunt,  W.  B.,  of  Des  Moines; 
Mullin,  Washington,  of  Henry;  Byington,  O.  A.,  of  Johnson;  Brady,  E.  M., 
of  O'Brien;  Davis,  M.  J.,  of  Cass;  Thompson,  J.  A.,  of  Fayette;  Jay,  John, 
of  Carroll;  Perrott,  E.  G.,  of  Dallas;  McDonald,  M.,  of  Guthrie;  Voelker, 
Chris.,  of  Dubuque;  Putnam,  G.  M.,  of  Pottawattamie. 

CODE  REVISION   COMMITTEE,  DIVISION    NLMBER  3. 

Finch,  Parley,  Chairman,  of  Humboldt;  Morrison,  John,  of  Keokuk; 
Gurley,  Z.  H.,  of  Decatur;  Evans,  H.  K.,  of  Wayne;  McNulty,  Francis,  of 
Woodbury;  Wood,  A.  L.,  of  Madison;  Lavender,  J.  F.,  of  Calhoun;  Brant, 
David,  of  Linn;  Edwards,  A.  H. ,  of  Audubon;  Nolan,  Thomas,  F. ,  of  Dubuque; 


4  JOURNAL  OF  THE  HOUSE.  [Jan.  19, 

Gk>od,  J.  L.,  of  Boone;  Grote,  J.  F.,  of  Crawford;  Hazen,  J.  B.,  of  Lee; 
HinkhouBe,  B.  W.,  of  Cedar;  Jackson,  A.  E.,  of  Tama;  Johnson,  J  P.,  of 
Webster;  Bird,  J.  W.,  of  Cerro  Gordo;  Crow,  W.  G.,  of  Wapello;  Whittier, 
Lyman,  of  Monona;  Bowen,  D.  H.,  of  Allamakee. 

CODB  BETISIOH  COMMITTER,  DIVISIOK  HUMBBB  4. 

Brinton,  M.  H.,  Chairman,  of  Hamilton;  Johnston,  C.  F.,  of  Franklin; 
Dowell,  C.  C,  of  Polk;  Funk,  J.  H.,  of  Hardin;  Ray,  W.  G.,  of  Poweshiek; 
Morrison,  J.  D.,  of  Grundy;  Porter,  0.  R.,  of  Appanoose;  Garner,  J.  A.,  of 
Mahaska;  Hauger,  W.  E.,  of  Black  Hawk;  Hinman,  S.  N.,  of  Wrig-ht; 
Huntley,  L.  D.,  of  Lucas;  Loomis,  A.  M.,  of  Jones;  McAchran,  W.  H.,  of 
Davis;  Scott,  D.  H.,  of  Monroe;  Parker,  John,  of  Mills;  Power,  J.  T.  P.,  of 
Lee;  Sullivan,  T.  J.,  of  Clayton;  Wheeler,  J.  R.,  of  Harrison;  Williams, 
S.,  of  Fremont. 

GODB  REVISIOK  COMMITTEE,  DIVISION  NUMBEB  5. 

Weaver,  H.  O.,  Chairman,  of  Louisa;  Mayne,  Samuel,  of  Kossuth;  Early, 
Chas.  L.,  of  Sac;  Bell,  W.  B.,  of  Washing'ton;  Tibbitts,  O.  O.,  of  Bremer; 
Martin,  W.  B.,  of  Adair;  Potter,  L.  F.,  of  Pottawattamie;  Lowry,  J.  J.,  of 
Howard;  Klemme,  W.  H.,of  Winneshiek;  McQuin,  B.  M.,  of  Benton;  Miller, 
D.  C,  of  Bnena  Vista;  Miller  J.  H.,  of  Warren;  Frazee,  John,  of  Chickasaw; 
Prentis,  P.  L.,  of  Ringgold;  Merriam,  Frank,  of  Delaware;  Smith,  P.  A., 
of  Greene;  Spaulding,  E.  C,  of  Floyd;  Marti,  Chris.,  of  Scott;  Watters,  H. 
B.,  of  Muscatine;  Wilson,  J.  L.,  of  Clinton. 

Mr.  Morrison  of  Keokuk  moved  that  a  committee  of  three 
be  appointed  to  notify  the  Grovemor  that  the  House  is  organ- 
ized and  ready  for  any  communication  which  he  may  have  to 
make  to  them. 

Also,  that  a  committee  of  three  be  appointed  to  notify  the 
Senate  that  the  House  is  organized. 

Adopted. 

The  Speaker  appointed  as  a  committee  to  notify  the  Gov- 
ernor, Messrs.  Morrison  of  Keokuk,  Clark  and  Lowry. 

Also,  as  the  committee  to  notify  the  Senate,  Messrs.  Scott, 

Cook  and  Jackson. 

Mr.  Wilson  offered  the  following  resolution: 

Whbbbas,  N.  a.  Merrell,  of  Clinton  county,  who  was  a  member  of  this 
House  at  the  last  regular  session  in  the  Twenty-sixth  General  Assembly, 
has  recently  departed  this  life,  therefore  be  it 

Resolved,  That  the  Speaker  appoint  a  cc  mmittee  to  draft  and  report  to 
this  House  such  resolutions  as  will  fittingly  commemorate  the  life  and 
public  services  of  the  deceased. 

Adopted. 

The  Speaker  appointed  as  such  committee,  Messrs.  J.  L. 
Wilson,  P.  A.  Smith,  W.  B.  Bell. 


1897.]  JOURNAL  OF  THE  HOUSE.  5 

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

Rescdvedt  That  the  Sergeant-at-Arms  be  requested  to  arrange  the  our- 
iains  of  the  House  chamber  and  windows  so  that  the  light  will  be  admitted 
from  the  top. 

Adopted. 

The  committee  to  notify  the  Senate  relative  to  House  organ- 
ization, reported  duty  performed  and  were  discharged. 

Committee  from  the  Senate  appeared  to  inform  the  House 
that  the  Senate  was  organized  and  ready  to  receive  any  com- 
munications  which  the  House  may  have  to  make. 

The  committee  to  notify  the  Governor  that  the  House  was 
organized,  reported  duty  performed  and  were  discharged. 

Mr.  Cornwall  offered  the  following  resolution  and  moved  its 
adoption: 

Regoived,  That  the  committee  on  the  distribution  of  the  proposed  Code 
BeTifiion  of  the  regular  session  of  the  Twenty-Sixth  General  Assembly  be 
instructed  to  reintroduce  the  same  into  this  House,  making  the  same  dis- 
tribution of  said  work  among  the  subdivisions  of  the  Code  Committee  as 
was  made  at  the  regular  session. 


..[ 


The  following  communication  from  the  Governor  was  then 
received: 

STATE  OP  IOWA, 

ExBCUTivB  Office, 

Dbs  Moinbs,  January  19,  1897. 

Mb  Spbakbb — I  am  instructed  by  the  Governor  to  present  to  the  honor- 
able, the  House  of  Representatives,  a  communication  in  writing,  together 
with  sundry  reports. 

W.  S.  RiCHABDfl, 

Acting  Private  Secretary. 

MBSSA6B. 

To  the  General  Assembly  of  the  State  of  Iowa: 

The  span  of  years  allotted  to  a  generation  has  passed  away  since  last 
Um  General  Assembly  of  Iowa  was  called  together  in  extraordinary  ses- 
sion. Fortunately,  no  questions  so  momentous  and  all-pervading  as  those 
which  confronted  the  people  and  their  representatives  at  that  session,  and 
the  called  session  of  the  year  preceding,  are  now  dominant  in  the  public 
mind.  Then  the  life  of  the  Nation  was  in  peril.  Multiplied  thousands  of 
Iowa*s  brave  men  were  absent  from  their  homes  contending  for  the  life 
sad  the  integrity  of  the  republic.  Members  and  people  were  alike 
oppressed  with  anxiety  for  both  country  and  loved  ones;  for  the  later  ses- 
sion was  held  at  the  darkest  hour  of  the  conflict. 

Now,  in  a  time  of  peace,  with  the  fearful  struggle  of  those  days  long 
since  closed  and  closed  aright,  you  are  assembled  to  pass  in  review  the 
statntes  of  the  commonwealth,  and  to  put  in  concise  form  the  laws  which 


6  JOURNAL  OF  THE  HOUSE.  [Jan.  19, 

are  to  begfin  to  have  force  substantially  with  the  commencement  of  the 
state's  second  half  century. 

A  learned  and  industrious  commission  has  prepared  a  revision  of  exist- 
ing statutes,  and  put  them,  with  such  changes  and  modifications  as  to  the 
commission  seemed  advisable,  in  codified  form,  in  which  shape  the  result 
of  their  labors  has  been  before  you  for  more  than  a  year.  An  opportunity 
has  thus  been  afforded  the  members  of  the  (General  Assembly,  and  to 
some  extent  the  people  at  large,  to  familiarize  themselves  with  the  new 
measures  proposed,  with  the  enactments  the  omission  of  which  is  contem- 
plated, with  the  amendments  which  are  suggested  to  existing  statutes,  and 
with  the  form  which  it  is  proposed  to  give  the  body  of  our  statute  laws. 
Therefore,  the  members  of  the  General  Assembly  come  together  prepared, 
I  doubt  not,  with  the  aid  of  the  mature  deliberation  they  have  been  ena- 
bled to  give  to  the  work,  promptly  to  expedite  the  business  for  which  the 
session  has  been  called. 

It  is  gratifying  to  know  that  many  of  the  existing  laws  of  this  com- 
monwealth have  been  so  founded  in  wisdom  as  to  commend  themselves  to 
statesmen  and  publicists  of  not  only  our  sister  states,  but  other  lands. 
Our  state  officers  receive  not  a  few  testimonials  to  this  effect.  I  may 
mention  the  legislation  pertaining  to  railroads,  to  insurance,  to  dairy 
interests,  and  to  oil  inspection.  Let  us  hope  that  the  matters  you  have  in 
hand  will  show  a  still  stronger  development  of  legislation  thus  found  to 
commend  itself. 

During  the  year  past,  our  public  institutions  were  visited  by  an  unus- 
ual number  of  casualties  through  the  power  of  the  elements.  On  the  27th 
day  of  March,  a  severe  rain  storm  did  extensive  damage  to  roofs  at  the 
School  for  the  Deaf.  The  repairs  necessitated  a  draft  on  the  appropriation 
made  for  '*  providential  contingencies,"  amounting  to  $397.03. 

On  the  11th  day  of  August  the  oldest  building  at  the  Anamosa  peniten- 
tiary was  destroyed  by  fire.  It  contained  the  dining  room,  kitchen, 
chapel  and  library.  The  damage  amounted  to  813,200.  The  departments 
destroyed  were  furnished  with  temporary  quarters,  and  nothing  has  been 
drawn  .from  the  appropriation  on  account  of  this  disaster.  It  will  not 
improbably,  however,  call  for  action  on  your  part. 

On  the  21st  day  of  the  same  month  a  tornado  took  off  the  roof  of  a 
wing  of  the  main  building  of  the  Normal  school  and  otherwise  injured  the 
structure,  inflicting  damage  the  repairment  of  which  cost  $541.  Again  on 
the  29th  day  of  the  same  month,  lightning  struck  the  main  building  of  the 
Institution  for  Feeble  Minded  Children  at  Glenwood,  set  it  on  fire,  and 
notwithstanding  the  extraordinary  efforts  on  the  part  of  the  officers  and 
employes,  the  citizens  of  Glenwood,  and  the  fire  department  of  Council 
Bluffs,  the  edifice  was  destroyed,  except  the  foundation  walls  and  a  por- 
tion of  the  walls  of  the  west  wing.  Most  of  the  contents  of  the  building 
were  likewise  destroyed.  A  contiguous  structure  belonging  to  the  insti' 
tution  was  also  damaged  by  water,  and  the  rain  considerably  injured  other 
property  which  had  been  removed  from  other  buildings  in  apprehension 
of  their  destruction.  The  damage  done  was  the  most  extensive  ever 
suffered  by  any  institution  in  the  State.  The  building  itself  had  cost, 
with  its  contents,  rather  more  than  a  $100,000,  and  the  whole  damage  is 
estimated  at  $125,000. 


1897.]  JOURNAL  OF  THE  HOUSE.  ^ 

An  extraordinary  emergency  therefore  confronted  the  Board 
of  Trustees.  The  dining*  room,  kitchen,  school  department,  the 
rooms  of  seventy-fiTe  employes,  and  those  of  seventy  children  had  disap- 
peared. It  shonld  be  remembered  that  prior  to  the  catastrophe  the  insti- 
tution was  crowded  beyond  its  capacity,  and  now  a  large  part  of  the 
facilities  which  before  were  thus  inadequate  was  gone.  The  members  of 
the  Board  came  before  the  Executive  Council  and  represented  the  situation 
in  which  they  were  placed.  The  appropriation  for  meeting  providential 
contingencies  amounted  to  only  $10,000,  of  which  sum  several  hundred 
dollars  had  already  been  expended,  and  it  was  manifest  that  there  was  not 
enough  of  that  appropriation  remaining  to  provide  for  any  considerable 
part  of  the  repairs  absolutely  indispensable  for  the  maintenance  of  the 
institution.  It  was,  moreover,  clearly  a  matter  of  economy  for  steps  to 
be  taken  to  preserve  the  yet  standing  walls  which  it  was  believed  could 
be  utilized  in  rebuilding.  The  Executive  Council,  feeling  that  an  occasion 
had  arisen  for  which  adequate  provision  had  not  been  made,  unanimously 
determined  to  take  the  responsibility  of  authorizing  the  expenditure  of 
$25,000,  and  afterwards  of  $15,000  more,  in  the  work  of  rebuilding;  the 
same  being  thought  to  be  imperatively  necessary  for  the  maintenance  of 
the  institution  and  the  preservation  of  the  State's  property.  For  this 
action  on  the  part  of  the  Executive  Council  I  ask  the  approval  of  the 
General  Assembly.  A  special  report  of  the  Trustees  of  said  institution 
and  Dr.  Powell,  its  Superintendent,  is  herewith  submitted. 

Fortunately,  none  of  the  calamities  recited  were  attended  with  loss  of 
life,  or  even  personal  injury  This  will  be  regarded  as  the  more  remarka- 
ble when  it  is  taken  into  consideration  the  kind  of  unfortunates  that  are 
being  cared  for  in  the  institution  at  Glenwood. 

The  State  long  since  ceased  paying  premiums  of  insurance  upon  its 
property.  Indeed,  it  never  did  pay  out  much  for  such  purpose.  But,  the 
need  of  some  sort  of  provision  for  meeting  the  contingencies  of  fire  and 
other  elemental  disasters  becoming  manifiest,  the  General  Assembly  began 
several  years  ago  the  practice  of  making  an  appropriation  for  **provi- 
dential  contingencies."  I  find  that  the  amount  thus  appropriated,  down 
to  the  present  time,  aggregates  $134,000,  while  there  is  a  total  of  drafts  on 
these  appropriations  amounting  to  $63,678.19,  making  the  excess  in  amount 
appropriated  over  the  expenditures  $70,331.81.  Had  the  appropriations 
been  cumulative  as  the  first  ones  were,  the  unexpended  balance  of  each 
appropriation  being  good  for  succeeding  terms,  there  would  have  been,  as 
appears  above,  a  sum  ample  for  making  all  the  repairs  at  Glenwood  that 
could  not  wait  for  the  meeting  of  the  General  Assembly.  In  view  of  the 
experience  of  last  year,  I  submit  that  prudential  considerations  require 
that  the  State  should  purchase  insurance  for  its  property,  or  else  that  pro- 
vision be  made  either  for  the  establishment  of  an  insurance  fund,  or  for 
the  adoption  of  other  adequate  provision  to  meet  extraordinary  emer- 
gencies. 

I  would  also  recommend  a  consideration  of  the  propriety  of  making  all 
State  edifices  hereafter  constructed  substantially  fire  proof.  This,  while 
lessening  the  risk,  would  obviate  the  danger  of  horrors  such  as  have 
befallen  public  institutions — none  of  them,  fortunately,  in  our  own  State. 


8  JOURNAL  OF  THE  HOUSE.  [Jan.  19, 

A  report  made  to  me  by  the  Auditor  of  State,  which  is  herewith  sub- 
mitted, makes  an  unpleasant  showing  of  the  finances.  It  appears  that, 
owing  to  drafts,  amounting  to  $569,259.18  on  the  special  appropriations 
made  at  the  regular  session  of  the  present  General  Assembly,  there  was  a 
net  floating  indebtedness  on  the  second  day  of  the  present  month  of  $397,- 
075.70,  there  being  9593,459.10  of  warrants  outstanding,  with  9196,383.40  of 
cash  in  the  treasury.  The  Auditor  estimates  that  the  receipts  for  the  cur- 
rent year  will  be  92,137.445.68,  and  that  the  ordinary  expenditures  will  be 
91,723,086.34,  while  there  may  be  drawn  during  the  year  9519,968.07  of  the 
remaining  special  appropriations  made  at  the  last  session.  Should  they 
all  be  drawn,  which,  however,  is  not  probable,  the  indebtedness  at  the 
close  of  the  present  year  will  be  in  the  neighborhood  of  9500,000. 

In  view  of  this  showing,  I  recommend  that  all  of  last  session's  special 
appropriations,  any  part  of  which  is  yet  undrawn,  be  reviewed  by  the  Gen- 
eral Assembly,  and  wherever  the  same  can  be  done  without  injury,  the 
expenditure  be  deferred  until  the  year  1898.  And  similar  examination  into 
all  public  expenditures  might  be  made,  with  a  view  to  reduction  wherever 
practicable.  Thus  may  be  effectively  inaugurated  a  movement  which 
shall  lead  eventually  to  the  cancellation  of  all  indorsed  warrants,  and,  let 
me  express  the  hope,  to  an  abandonment  of  the  practice  of  indorsing  war- 
rants '*not  paid,**  a  practice  not  in  conformity  with  sound  business 
principles,  even  in  the  matter  of  running  into  debt. 

On  the  29th  day  of  June  last,  I  received  the  resignation  of  Hon.  A.  T. 
Meservey  as  a  member  of  the  Board  of  Trustees  of  the  Agricultural  College 
for  the  Eleventh  Congressional  District.  Upon  being  advised  that  the 
Board  had  elected  as  Mr.  Meservey 's  successor,  the  Hon.  Hiram  C.  Wheeler, 
of  the  county  of  Sac,  I  issued  a  commission  to  that  gentleman  to  hold,  as 
provided  by  the  statute,  until  the  next  meeting  of  the  General  Assembly. 
It  la  now  incumbent  upon  you  to  elect  a  Trustee  for  the  remainder  of  the 
unexpired  term. 

It  is  unnecessary  for  me  to  remind  the  General  Assembly  that  the  peo- 
ple of  the  state  are  expecting  the  session  to  be  of  brief  duration,  and  I 
doubt  not  that  you  are,  as  their  representatives,  in  full  sympathy  with  that 
feeling.  Permit  me  to  express  the  hope  that  your  deliberations  will 
eventuate  in  a  Code  of  Laws  that  will  give  satisfaction  to  the  people,  while 
it  will  anew  commend  the  legislation  of  this  great  Commonwealth  to 
approval  beyond  our  borders. 

January  19,  1897.  F.  M.  Drake. 


REPORT  OF  AUDITOR. 

STATE  OF  IOWA, 
Office  of  Auditor  of  State, 
Des  Moines,  January  14,  1897. 

Hon,  F.  M.  Drake^  Qovemor: 

Dear  Sir — Complying  -with  your  request  of  the  13th  inst., 
for  a  financial  statement,  I  have  the  honor  to  submit  herewith 
a  statement  of  the  receipts  and  disbursement  from  January  4, 


lan.]  JOURNAL  OP  THE  HOUSE.  9 

1896,  to  January  2,  1897,  inclusive;  also  a  statement  showing 
warrants  outstanding  January  4,  1896,  and  amount  of  warrants 
issued  to  January  2,  1897;  the  amount  of  warrants  outstanding 
and  unpaid  January  2,  1897;  cash  in  treasury  on  said  date  and 
deficit  January  2,  1897;  also  a  statement  showing  the  estimated 
receipts  and  expenditures  for  the  year  1897,  with  probable 
deficit  Jan'y  1, 1898.  Also  a  statement  giving  the  extraordinary 
appropriations  made  by  the  Twenty- sixth  Greneral  Assembly; 
the  amount  available,  or  that  might  be  drawn  in  1896,  and  the 
amount  of  warrants  so  drawn  in  the  year  1896.  It  may  be 
observed  that  while  the  amount  of  appropriations  available  for 
1897  may  be  drawn  during  the  year,  it  is  probable  that  all  of 
the  appropriations  will  not  be  drawn.  To  the  extent  of  this 
saving,  the  aggregate  amount  of  deficit  will  be  reduced  corre- 
spondingly; but  it  was  thought  advisable  to  give  the  amounts  in 
fuU,  as  the  law  gives  the  institutions  the  right  to  expend  these 
sums,  if  necessary. 

All  of  which  is  respectfully  submitted, 

c.  G.  McCarthy, 

AiLditor  of  State. 

RECEIPTS  PROM  JANUARY  4,  1896,   TO  JANUARY  2,  1897, 

INCLUSIVE. 

Prom  state  tax,  2i  mills $1,861,724.65 

From  interest  on  delinquent  taxes 15,107.99 

Prom  insane  dues  from  counties 868,541.72 

Prom  college  for  the  blind,  from  counties 850.24 

From  Iowa  school  for  the  deaf  from  counties 1,309.24 

From    feeble-minded  children    institution,   from 

counties 7,709.16 

From  orphans'  home,  from  counties 19,647.05 

From  peddlers'  licenses,  from  counties 1,480.40 

Prom  sale  of  laws,  from  counties 129.50 

From  insurance  companies  for  taxes 124,128.62 

From  auditor  of  state  for  fees 84,215.50 

From  auditor  of  state  for  fees,  building  and  loan..  880.00 

From  clerk  supreme  court  for  fees 2,456.20 

From  oil  inspector  for  fees 8,202.11 

From  secretary  of  state  for  fees 12,722.83 

From  superintendent  of  public  instruction  for  fees  884.00 

From  telegraph  companies  for  taxes '. .  15,505.48 

From  telephone  companies  for  taxes 4,935.00 


10  JOURNAL  OF  THE  HOUSE.  fJan.  It 

Prom  United  States,  aid  soldiers'  home $  47,868. 2 

From  custodian's  sales 89. 3 

From  dairy  commissioner's  licenses 566. 0 

From  pharmacy  commissioner's  licenses 1,677. 9^ 

From  sale  geological  reports 15.0 

From  secretary  of  state,  sale  of  typewriter 30  0< 

Prom  O'Brien  county  land  sale 647. 9' 

From  refunds  from  soldiers'  home 14,955.6! 

From  refund  from  Mount  Pleasant  hospital 1,500.0< 

From  refund  from  Hon.  J.  T.  P.  Power,  mileage.  5. 1( 

From  interest  on  Lyon  county  land  sale,  notes. . .  1,057. 6( 

Total $2,033,842.61 

Cash  in  treasury  January  4,  1896. . .  .$     38,648  02 
Cash  received  to  January  2,  1897. . . .  2,033,842  63 

Total  cash $2,072,490.65 

Warrants  redeemed  same  time $1,872,228.82 

Interest  paid  on  same 3,878.93 

1,876,107.25 


Bal.  in  treasury  January  2, 1897  $    196, 383. 40 

Warrants  outstanding  January  4, 1896  $     33,061. 41 
Warrants  issued  to  January  2,  1897.  2,482,626.01 

Total  warrants $2,465,687.42 

Warrants  redeemed 1,872,228.82 


Warrants  outstanding  January  2,  1897 $  593,459.10 

Cash  in  treasury  January  2,  1897 196,383.40 

Deficit  January  2,  1897 $  397,075.70 

EXPENDITURES  FROM  JANUARY  4,    1896,  TO  JANUARY   2,  1897, 

INCLUSIVE. 

Adjutant-General's  salary $  1,500.00 

Atiiomey-Generars  salary 1,500.00 

Attorney- General,  per  diem  and  expenses 1,861,35 

Attorney-General,  clerks*  fund 1,515.00 

Attorney-General,  legal  assistance 1,580.00 

Auditor  of  State's  salary 2,200.00 

Deputy  Auditor  of  State's  salary 1,500.00 

Auditor  of  State,  executive  council 500.00 

Auditor  of  State,  clerks'  fund 7,112.58 


1897.]                           JOURNAL  OF  THE  HOUSE.  11 

Clerk  supreme  court,  salary $  2,200.00 

Clerk  supreme  court,  deputy's  salary 1,500.00 

Clerk  supreme  court,  clerks*  fund 1,664.00 

Labor  Commissioner's  salary 1,500.00 

Labor  Commissioner,  deputy's  salary 691.68 

Labor  Commissioner's  expenses 668.66 

Pharmacy  Commissioner's  enforcement  fund 869. 01 

Custodian's  salary 1,600.00 

Custodian's  expenses 81,644.88 

Dairy  Commissioner's  salary 1,500.00 

Dairy  Commissioner's  expenses 8,642.58 

District  judges'  (51)  salaries 124,687.71 

Fish  Commissioner's  salary 1,200.00 

Fish  Commissioner's  expenses 8,874.14 

Grovernor's  salary  and  rent 8,600.00 

Governor,  executive  council 500.00 

Governor,  private  secretary's  salary 1,500.00 

Grovernor,  contingent  fund 5,136.44 

Janitors'  salaries 9,960.00 

Librarian's  and  assistant  librarians'  salaries 2,700.00 

Mine  Inspectors'  salaries 8,600.00 

Mine  Inspectors'  expenses 1,623.75 

Mine  Inspectors  clerk's  f  and 1,002.00 

Mine  Inspectors'  board  of  examiners 825. 20 

Oil  Inspectors'  salary 2,000.00 

Railroad  Commissioners'  and  secretary's  salaries. .  10,620.96 

Railroad  Commissioners'  expenses ....  4,495.48 

Secretary  of  State's  salary 2,200.00 

Secretary  of  State,  deputy's  salary 1,500.00 

Secretary  of  State,  executive  council? 500.00 

Secretary  of  State,  clerks'  fund 6,289.00 

Secretary  of  State,  clerk  land  office 1,200.00 

Superintendent  of  Public  Instruction's  salary 2,200.00 

Supt.  of  Public  Instruction,  deputy's  salary 1,500.00 

Supt.  of  Public  Instruction,  clerks'  fund 2,083.16 

Supt.  of  Public  Instruction,  traveling  expenses. . .  250.00 

Superintendent  Public  Weights  and  Measures 20.88 

Supreme  judges'  salaries 24,000.00 

Supreme  court  contingent  fund 1,810.42 

Supreme  court  reporter's  salary  and  special  appro- 
priation, Raymond  1700,  and  Salinger  |1,300 2,000.00 

Treasurer  of  State's  salary 2,200.00 


12                                JOURNAL  OF  THE  HOUSE.  [Jan.  1 

Treasurer  of  State,  deputy's  salary $  1,500.( 

Treasurer  of  State,  executive  council 500.  ( 

Treasurer  of  State,  clerk's  fund 1,986.( 

Veterinary  surgeons 3,001. ; 

Agricultural  college  financial  agent's  salary  and 

expense 1,926. 1 

Agricultural  college  trustees 3,147.( 

Agricultural  societies 21,632  i 

Arrest  of  fugitives 5,045. J 

Blind  college,  clothing 1,007.^ 

Blind  college,  support 27,140.( 

Blind  college,  trustees 1 ,247  * 

Blind  industrial  home  trustees 974.  f 

Binder 30,075.c 

Board  of  educational  examiners 600.  C 

Board  of  health 4,943.1 

Code  commissioners 57.C 

Deaf  school  support 64,085.0 

Deaf  school  trustees 917.2 

Des  Moines  river  lands 1,131.3 

Farmers'  institutes 2,439.0 

Feeble  minded  children  institution,  clothing 8,048. 5 

Feeble  minded  children  ordinary  expenses 22, 000. C 

Feeble  minded  children  support 62,020.0 

Feeble  minded  children  trustees 906. 8 

Geological  survey 5,067.1 

Geological  expenses 3,362.6 

Historical  collection. 5,450. 1 

Historical  society 1,000.0 

Horticultural  society  ....*. 2,500.0 

Cherokee  hospital  commissioners 1,811.7 

Clarinda  hospital  support 111,990.0 

Clarinda  hospital  trustees 2,262.3 

Independence  hospital  support 200,634.0 

Independence  hospital  trustees 829.2 

Mount  Pleasant  hospital  support 188,790.0 

Mount  Pleasant  hospital  trustees 924.3 

Industrial  schools  support 72,750.0 

Industrial  schools  trustees 408.4: 

Non-resident  insane 822.0 

Interest  on  school  fund  loans 577.5i 

Weather  service 2,699.9; 


1«7.J                           JOURNAL  OP  THE  HOUSE.  13 

University  endowment I  20  000.00 

University  support 39,250.00 

University  board  regents 2,273.76 

Library  books 4,044.32 

Library  rei)airs 500.00 

Militia. 43,267.06 

Miscellaneous  expenditures 63,816. 99 

Normal  school  salary— Chap.  102-92  and  148-94. . .  20,250.00 
Normal  school  contingent  and  repair — Chap.  102- 

92,  $3,000;  137-96,  |8,000 11,000.00 

Normal  school  trustees 1,414.40 

Orphans'  home,  support  soldiers'  orphans 31,277.66 

Orphans'  home,  support  indigent  chUdren 18, 645. 88 

Orphans'  home,  trustees 662.61 

Penitentiary  at  Anamosa,  officers  and  guards 48,324.29 

Penitentiary  at  Anamosa,  support 67,117.76 

Penitentiary  at  Ft.  Madison,  officers  and  guards. .  87,288.60 

Penitentiary  inspection 67.68 

State  printer 42,631.36 

Providential  contingencies 1,920.23 

Railrond  prosecution 272.10 

ReUef  of  Hull 240. 00 

Relirf  of  Metz 240.00 

Reward  for  murderer 800.00 

Stationery  account 1,084.71 

Soldiers'  home,  salary 13,600.00 

Soldiers'  home,  support 72,620.00 

Special     appropriation,    Twenty- fourth    General 

Assembly 70.00 

Teachers'  institutes 4,950.00 

Twenty-sixth  General  Assembly,  members'  salaries  82, 775. 00 
Twenty  sixth  General  Assembly,  members'  mileage  2, 183. 85 
Twenty-sixth  General  Assembly,  visiting  Commit- 
tees    766.00 

Twenty- sixth  General  Assembly,  officers'  salaries.  46,870.50 

Commission  to  investigate  insanity 21.50 

Agricultural  College  improvement  and  experimentation — 

On  chap.    67-1-80 1      973.25 

On  chap.    78-1-82 2,088.02 

On  chap.  126-1-88 910.06 

On  chap.  145-1-94 11,260.19 

$15,23L52 


14                               JOURNAL  OP  THE  HOUSE.  [Jan.  19 

On  chap.  127-1-96 18,958.20 

Total $     84,189.72 

Blind  College  improvements — 

On  chap.  148-1-94 $      645.08 

On  chap.  146-1-96 5,744.58 

Total 6,389.59 

Blind  Industrial  Home,  support,  chap.  38-1-96. .  10,500  00 

Benedict  Home — 

On  chap.  154-1-94 $   1,296.42 

On  chap.  157-1-96 2,515.15 

Total 3,811.57 

Deaf  School  improvements— K^hap.  129-1-96 12,100.00 

Feeble  Minded  institution — 

On  chap.  140-1-94 $      987.50 

On  chap.  145-1-96 56,200.00 

Total 57,187.50 

Cherokee  Hospital  for  Insane — 

On  chap.  136-94 1  50,000.00 

On  chap.  140-96 24,956.93 

Total 74,956.93 

Clarinda  Hospital  improvement — On  chap.  141-1 

-96 99,649.25 

Independence  Hospital  improvement — 

On  chap.  134-1-94 $       552.70 

On  chap.  143-1-96 9,650.00 

Total 10,202.70 

Mt.  Pleasant  hospital  improvement — 

On  chap.  135-1-94 $       450.00 

On  chap.  142-1-96 24,550.00 

Total 25,000.00 

Industrial   school    for   boys,  improvement — On 

chap.  132-1-96 6,150.00 

Industrial  school   for  girls,  improvement — On 

chap.  138-1-96. .   14,700.00 


1897.]  JOURNAL  OF  THE  HOUSE.  15 

Iowa  state  university,  improvement — 
On  chap.  152-94  and  previous  years .  $    5,483. 85 
On  chap.  144-2-96 7,009.59 

Total $     12,443.44 

Library,  circulating,   49-8-96;  total  appropria- 
tion    4,000.00 

Soldiers'  monimient,  70-92 19,140.19 

New  Orleans  exposition,  on  chap.  170-86 100.00 

Normal  school  improvement — 

On  chap.  102-92  and  148-94 $    1,300.00 

On  chap.  137-96 3,600.00 

Total 4,800.00 

Normal  school  teachers— On  chap.  187-96 3,250.00 

Orphans'  home  improvement — 
On  chap.  96  and  97-92  and  138-94.  .$    1,882.78 
On  chap.  131-96 8,986.60 

Total 10,769.88 

Penitentiary  at  Anamosa,  building — 

On  chap.  149-94 $    5,490.58 

On  chap.  134-96 19,121.07 

Total 24,611.65 

Penitentiary    at    Anamosa,    escaped    convicts, 

167-84 95.70 

Penitentiary  ab  Anamosa,  transportation — 

On  chap.  149-94 1         69.65 

On  chap.  134-''6 1,847.66 

Total 1,917.31 

Penitenitentiary  at  Ft.  Madison,  building — 

Previous  years,  150-94 $    1,163.39 

135  and  186-96 42,570.00 

Total 43,733.89 

Penitentiary  at  Ft.   Madison,  transportation — 

On  chap.  135-96 2,000.00 

Soldiers'  home  improvement 61,600.00 

Burlington  centennial 10,000.00 

Capitol  repairs 14,315.51 

Iowa  and  Missouri  boundary  line  survey 1,588.68 

Cedar  county,  special  appropriation — 154-1-96..  1,193.06 


16                                JOURNAL  OP  THE  HOUSE.  [Jan.  19, 

Grey  uniforms— 158-1-96 $  954.75 

ShUoh  battlefield 812.03 

Special  appropriations,   Twenty- sixth   Greneral 

Assembly 21,254.29 

Total $2,432,626.01 

ESTIMATED  RECEIPTS  FOR  1897. 

Prom  state  tax,  2  7-10  mills $1,400,000.00 

Prom  special  University  tax,  1-10  mill 55,000.00 

Prom  interest  on  delinquent  taxes 15,108.00 

From  insane  dues,  from  counties 368, 542. 00 

From  college  for  the  blind,  from  counties 850. 00 

From  Iowa  school  for  the  deaf,  from  counties 1,309.00 

From  feeble  minded  children  institution,  from  co.  7,709.00 

From  orphans'  home,  from  counties 19,647.00 

From  peddlers'  licenses,  from  counties 1,460  00 

From  sale  of  laws,  from  counties 130.00 

From  insurance  companies  for  taxes 124,129.00 

From  auditor  of  state  for  fees  (insurance) 84,216.00 

From  auditor  of  state  for  fees  (building  and  loan) .  600.00 

From  clerk  supreme  court  for  fees 2,456.00 

From  oil  inspector  for  fees 3,202.00 

Prom  secretary  of  state  for  fees 12,723.00 

From  superintendent  of  public  instruction  for  fees  884.00 

From  telegraph  companies  for  taxes 15,505.00 

From  telephone  companies  for  taxes 5,682.00 

From  United  States'  aid  soldiers'  home 47,868.00 

Prom  custodian's  sales 89  00 

From  dairy  commissioners'  licenses 566.00 

From  pharmacy  commissioners'  licenses 1,678.00 

From  sale  geological  reports 15.00 

From  interest  on  Lyon  county  land  notes 1,057.68 

From  sundry  sources,  miscellaneous 17,000.00 

Total $2,137,445.68 

ESTIMATED  EXPENDITURES  FOR  1897. 

Ad jutant-Greneral's  salary $  1,500 

Attorney  Gteneral's  salary 1,600 

Attorney- General's  per  diem  and  expenses 1,900 

Attorney  General's  clerks'  fund  and  legal  assistance  3, 044 

Auditor  of  State's  salary 2,200 

Auditor  of  State's  deputy's  salary 1,500 


1897.]                            JOURNAL  OP  THE  HOUSE.  17 

Auditor  of  State's  clerk's  fund $  10,816 

Clerk  of  supreme  court's  salary 2,200 

Clerk  of  supreme  court's  deputy's  salary 1,500 

Clerk  of  supreme  court's  clerk's  fund 1 ,658 

Commissioner  of  labor  statistics'  salary 1, 500 

Deputy  commissioner  of  labor  statistics'  salary 1,000 

Commissioner  of  labor  statistics,  expenses 500 

Commissioners  of  pharmacy,  enforcement  fund. . .  1,000 

Custodian's  salary 1,500 

Custodian's  ez])enses ^ 82,000 

Dairy  commissioner's  salary 1,500 

Dairy  commissioner's  expenses 4,856 

District  judges'  salaries  (fifty-one  judges) 127|500 

Executive  council  fund 2,000 

Farmers'  institutes 2,500 

Fish  commissioner's  salary 1,200 

Fish  commissioner's  expenses 8,500 

Governor's  salary  and  house  rent 8,600 

Governor's  contingent  fund 5,276 

Governor's   contingent  fund,    to   pay   additional 

counsel 2,000 

Grovemor's  private  secretary's  salary 1,500 

Janitors'  and  watchmen's  salaries 9,284 

Librarian's  salary. 1,200 

Librarians  assistants'  salaries 1,500 

Mine  inspectors'  salaries  (three  inspectors) 8,600 

Mine  inspectors'  expenses 1,700 

Mine  inspectors'  cterks'  fund 1,000 

Oil  inspector's  salary 2,000 

Railroad  commissioners'  salaries. 9,000 

Railroad  commissioners'  secretary's  salary 1, 500 

Railroad  commissioners'  expenses 4,776 

Railroad  prosecution  by  state 500 

Secretary  of  State's  salary 2,200 

Secretary  of  State's  deputy's  salary 1,500 

Secretary  of  State's  land  office  clerk's  salary 1,200 

Secretary  of  State's  clerk's  fund 5,000 

Superintendent  of  public  weights  and  measures. . .  100 

Superintendent  of  public  instruction's  salary 2,200 

Superintendent  of.  public   instruction's   deputy's 

salary 1,500 

Superintendent  of  public  instruction's  clerks'  fund.  2,377 
2 

4 

i 

t 

1 


18                                JOURNAL  OP  THE  HOUSE.  Jan.  19,. 

Saperintendent  of  public  instruction's  traveling 

expenses $  250 

Supreme  judges'  salaries  (six  judges) 24,000 

Supreme  court  contingent  expenses 1,752 

Supreme  court  reporter's  salary 2,000 

Treasurer  of  State's  salary 2,200* 

Treasurer  of  State's  deputy's  salary 1,500* 

Treasurer  of  State's  clerks'  fund 2,311 

Veterinary  surgeon's  per  diem  and  expenses 8,000* 

Adjusting  school  fund  and  revenue  accounts 200 

Agricultural  college  trustees'  per  diem  and  mileage  3,150 

Agriclutural  college  financial  agent 2,000 

Agricultural  societies 26,367 

Arrest  of  fugitives 5,050 

Blind  industrial  home  support 7,500 

Blind    Industrial   home  trustees'    per  diem  and 

mileage 1,200 

College  for  blind,  clothing 1,010 

College  for  blind,  support 42,860 

College  for  blind  trustees'  per  diem  and  expenses.  1,250 

Hospitals  for  insane,  support 402,000 

Hospitals  for  insane,  trustees'  per  diem  and  mile- 
age   4,250 

Insane,  non-resident,  removal  of 1.000 

Industrial  schools,  support 72,800 

Industrial  schools,  trustees'  per  diem  and  mileage  550 

Iowa  school  for  deaf,  clothing 2,080 

Iowa  school  for  deaf,  support 61,000 

Iowa  school  for  deaf,  trustees'  per  diem  and  mile- 
age   1,000 

Institution  for  feeble  minded,  clothing 8,000 

Institution  for  feeble  minded,  support  and  ordinary 

expenses 84,100 

Institution  for  feeble  minded,  trustees'  per  diem 

and  mileage 90? 

Normal  school  directors'  per  diem  and  mileage. . .  1,500 

Orphans'  home,  soldiers'  orphans 32,000 

Orphans'  home,  indigent  children 20,000 

Orphans'  home,  per  diem  and  mileage 750 

Penitentiary  at  Anamosa,  support 67,200 

Penitentiary  at  Anacnosa,  officers  and  guards 48,500 

Penitentiary  at  Anamosa,  transportation  of  dis- 
charged convicts 1,152 


1897.]                            JOURNAL  OP  THE  HOUSE.  19 

Penitentiary  at  Ft.  Madison,  officers  and  guards . .  $  37,800 
Penitentiary  at  Ft.    Madison,  transportation    of 

discharged  convicts 2,000 

Penitentiary  inspection 100 

Relief  of  Jos.  Metz 240 

Relief  of  F.  M.  Hull 240 

Soldiers'  home  support 72,620 

Soldiers  home,  salaries  of  officers  and  employes. . .  12,600 

State  binding 30,000 

State  printing 48,000 

State  board  of  educational  examiners 600 

State  board  of  health 5,000 

State  historical  society 1,000 

State  historical  collection 7,908 

State  horticultural  society 2,500 

State  library .' 6,456 

State  militia 62,854 

State  universiiy  endowment  fund 20,000 

State  university  regents'  per  diem  and  mileage. . .  3,000 

Stationery  contracts 10,000 

Teacher's  institutes 5,000 

Iowa  weather  service 3,376 

Miscellaneous  expenditures 45,000 

Providential  contingencies 9,080 

Interest  on  school  fund  loaDS 798 

Geological  survey  expense 8,500 

Murderers,  arrest  of 600 

Insanity,  to  investigate 100 


Memorial  building 25,000.00 

Interest  on  state  warrants 10,000.00' 

Agricultural  college  improvements,  etc 66,187.36 

College  for  blind,  improvement 11,469.85 

Benedict  home,  improvement  and  support 6,684.85 

Iowa  school  for  the  deaf,  improvement 5,000.00 

Des  Moines  river  lands 618.95 

lastitution  feeble  minded  children,  improvement..  10,460.00 

Geological  survey 6,167.95- 

Hospital,  Cherokee,  building 75,043.07 

Hospital,  Clarinda,  building 99,650.75 

Hospital,  Independence,  building 6,650.00 


20                                JOURNAL  OP  THE  HOUSE.  Jan.  19, 

Hospital,  Independence,  contin^^ent  fund $  8,000.00 

Hospital,  Mount  Pleasant,  building 21,605.64 

Hospital,  Mount  Pleasant,  contingent  fund 9,750.00 

Industrial  school  for  boys,  building 12,850.00 

Industrial  school  for  girls,  building 2,800.00 

Iowa  state  university,  building,  etc 15,865.97 

Iowa  state  university,  support 66,873.74 

Soldiers'  monument 18,786.59 

New  Orleans  exposition  deficit 12,050.00 

Normal  school,  improvement 7,101.20 

Normal  school,  teachers'  salaries 40,875.00 

Normal  school,  contingent  and  repair 10,375.00 

Orphans'  home,  improvement 11,499.48 

Penitentiary,  Anamosa,  improvement 43,957.88 

Penitentiary,  Anamosa,  escaped  convicts 88.27 

Penitentiary,  Fort  Madison,  improvement's 18,180.00 

Prisoner's  aid  association 704.65 

Soldiers'  home,  improvement 294.67 

Spirit  Liake  monument 2.80 

Twenty-fifth  Gen'l  Assembly,  special  appr'n,  flags  1,072.10 

Twenty-sixth  Gen'l  Assembly,  special  appropria'n  288.75 

Gray  uniforms 1,545.25 

Shiloh  battlefield 58.25 

Capitol  building,  repairs 284.49 

University  building  special  tax 55,000.00 

Total $2,248,072.41 

If  there  be  an  appropriation  made  by  the  special 
session  for  Glen  wood,  of  $101,202.00,  as  I  am 
informed  will  be  asked  for,  and  if  the  special 
session  cost  $100,000.00,  as  I  estimate  it  will,  the 
above  footing  will  be  increased  to $2,444,274.41 

EXTRAORDINARY    APPROPRIATIONS    MADE     BY     THE  TWENTY- 
SIXTH  GENERAL.  ASSEMBLY. 

Chap.  49,  Twenty-sixth  General  Assembly,  travel- 
ing library $  4,000.00 

Available  in  1896,  $4,000;  all  drawn. 

Chap.  103,  Iowa  national  guards,  additional 10,400.00 

Available  in  1896,  $5,200;  all  drawn. 

Chap.  115,  memorial  hall  site 26,000.00 

Available  in  1896,  $25,000;  none  drawn. 


1897.1  JOURNAL  OP  THE  HOUSE.  21 

Chap.  116,  BurUngton  centennial $     10,000.00 

AvaUable  in  1896,  $10,000;  all  drawn. 
Chap.  117,B.  L  Salinger 800.00 

Available  in  1896,  |800;  all  drawn. 
Chap.  118,  battleship 6,000.00 

Available  in  1896,  $5,000;  none  drawn. 
Chap.  120,  Spirit  Lake  dam 1,000.00 

Available  in  1896,  $1,000;  $623.50  drawn. 
Chap.  126-8,  railroad  commissioners'  maps 900.00 

Available  in  1896,  $900;  $862.50  drawn. 
Chap.  126-6,  providential  contingencies 10,000.00 

AvaUable  in  1896,  $5,000;  $1,920.23  drawn. 
Chap.  126-9,  McClain's  codes 1,377.00 

Available  in  1896,  $1,377;  all  drawn. 
Chap.  126-14,  Iowa  Printing  company 472.80 

AvaUable  in  1896;  $472.80;  all  drawn. 
Chap.  126^15,  L.  Harbach 628.00 

AvaUable  in  1896,  $628;  all  drawn. 
Chap.  126-17,  L.  L.  Babcock 7.50 

AvaUable  in  1896,  $7.50;  aU  drawn. 
Chap.  126-18,  Ida  Kittleman 7.50 

AvaUable  in  1896,  $7.50;  all  drawn. 
Chap.  126-19,  J.  L.  Thompson 8.00 

Available  in  1896,  $8;  aU  drawn. 
Chap.  126-20,  W.  H.  Fleming 15.00 

AvaUable  in  1896,  $15;  aU  drawn. 
Chap.  126-24,  Iowa  and  Missouri  boundary  line. . .         2,500.00 

AvaUable  in  1896,  $2,500;  $1,588.68  drawn. 
Chap.  126-25,  roof  for  arsenal,  etc 500.00 

AvaUable  in  1896,  $500;  $185.60  drawn. 
Chap.  126-26,  superintendent  of  weights  and  meas- 
ures   260.00 

AvaUable  in  1896,  $250;  none  drawn. 
Chap.  126-27,  extra  to  employes 76.00 

AvaUable  in  1896,  $75;  all  drawn. 
Chap.  126,  net  increase  clerks'  fund 8,000.00 

AvaUable  in  1896,  $4,000;  aU  drawn. 
Two  additional  judges 10,000.00 

AvaUable  in  1896,  $5,000;  $2,429.64  drawn. 
Chap.  127,  agricultural  coUege 64,600.00 

AvaUable  in  1896,  $54,500;  $18,958.20  drawn. 
Chap.  128,  .agricultural  society 7,000.00 

AvaUable  in  1896,  $7,000;  aU  drawn. 


22  JOURNAL  OP  THE  HOUSE.  Jan.  19, 

Chap.  129,  Iowa  school  for  the  deaf $     17,100.00 

AvaUable  in  1896,  $17,100;  $12,100  drawn. 
Chap.  130,  soldiers'  home 61,800.00 

AvaUable  for  1896,  $51,800;  all  drawn. 
Chap.  181,  soldiers'  orphans'  home 18,800.00 

Available  in  1896,  $9,400;  $8,936.60  drawn. 
Chap.  132,  Iowa  industrial  school,  boys' 18,500.00 

Available  in  1896,  $9,250.  $6,150  drawn. 
Chap.  183,  industrial  school,  girls' 17,000.00 

Available  in  1896,  $15,450;  $14,700  drawn. 
Chap.  134,  Anamosa  penitentiary 66,198.00 

Available  in  1896,  $83,099;  $20,968.73  drawn. 
Chap.  135  and  136,  Ft.  Madison  penitentiary 64,200.00 

Available  in  1896,  $57,700;  $44,570  drawn. 

Chap.  137,  normal  school. . . : 48,000.00 

AvaUable  in  1896,  $22,500;  $14,750  drawn. 
Chap.  138,  industrial  home  for  the  blind 18,000.00 

AvaUable  in  1896,  $10,500;  aU  drawn. 
Chap.  189,  Cherokee  hospital,  land 12,140.00 

AvaUable  in  1896,  $12,140;  all  drawn. 
Chap.   136,   Twenty-fifth  General  As- 
sembly, Cherookee  hospital  buUding  $100,000.00 

Chap.  140,  Twenty-sixth  General  As- 
sembly       50.000.00 

Total 150,000.00 

AvaUable  in  1896,  $75,000;  $74,956.93  drawn. 
Chap.  141,  Clarinda  hospital  buUding 199,300.00 

AvaUable  in  1896,  $99,650;  $99,649.25  drawn. 
Chap.  142,  Mount  Pleasant  hospital 49,100.00 

AvaUable  in  1896,  $24,550;  all  drawn. 
Chap.  148,  Independence  hospital 19,300.00 

AvaUable  in  1896,  $9,650;  aU  drawn. 
Chap.  144,  state  university 36,500.00 

Available  in  1896,  $16,750;  $16,259.59  drawn. 
Chap.  145,  institution  for  feebleminded  chUdren. .        65,800.00 

AvaUable  in  1896,  $57,150;  $56,200  drawn. 
Chap.  146,  college  for  the  blind 10,500.00 

AvaUable  in  1896,  $7,000;  $5,744.53  drawn. 
Chap.  147,  visiting  committees,  members 766.00 

Available  in  1896,  $766;  aU  drawn. 


1897.]  JOURNAL  OP  THE  HOUSE.  23 

'Chap.  148,  fish  commission  expenses I       6,000.00 

Available  in  1896,  $6,000;  $2,750.64  drawn. 
Chap.  149,  Trans-Mississippi  exposition 10,000.00 

Available  in  1897,  $10,000:  none  drawn. 
Chap.  150,  Scott  county  non-resident  insane 412.89 

Available  in  1896,  $412.89;  all  drawn. 
Chap.  151,  New  Orleans  exposition 12,000.00 

Available  in  1896,  $12,000;  none  drawn. 
Chap.    152,    badges,    Twenty-sixth    General   As- 
sembly    59.00 

Available  in  1896,  $59;  all  drawn. 
Chap.  153,  Gray  uniforms 2,500.00 

Available  in  1896,  $2,500;  $954.75  drawn. 
Chap.  154,  Cedar  county,  Stella  Lupton 1,198.06 

AvaUable  in  1896  $1,198.06;  all  drawn. 

Chap.  155,  L.  O.  Hatch 228.50 

Available  in  1896,  $228.50;  all  drawn. 
Chap.  156,  Woodbury  county  orphans'  home 1,069.76 

Available  in  1896,  $1,069.76;  none  drawn. 
Chap.  157,  Benedict  home 9,200.00 

Available  in  1896,  $4,600;  $2,515.15  drawn. 
Chap.  158,  weather  service 5,400.00 

Available  in  1896,  $2,700;  $2,699.91  drawn. 
Chap.  159,  repairs  on  capitol 17,100.00 

Available  in  1896,  $17,100;  $14,315.51  drawn. 
Chap.  160,  inauguration 276.96 

Available  in  1896,  $276.96;  all  drawn. 
Chap.  161,  Shiloh  battlefield 870.28 

Available  in  1896,  $870.28;  $812.08  drawn. 
Chap.  162,  G.  A.  West,  mail  carrier  25th  G.  A. . . .  15.00 

Available  in  1896,  $15;  all  drawn. 
Chap.  163,  P.  McClelland 275.00 

Available  in  1896,  $275;  all  drawn. 
Chap.  164,  J.  L.  Brown 4,000.00 

Available  in  1896,  $4,000;  all  drawn. 
Chap.  165,  N.  B.  Raymond 700.00 

Available  in  1896,  $700;  all  drawn. 
Chap.  166,  H.  H.  Jelley 2,500.00 

Available  in  1896,  $2,500;  all  drawn. 

Total  amount  appropriated  by  26th  G.  A. .  .$1,089,245.25 


24  JOURNAL  OP  THE  HOUSE.  Jan.  19, 

Amount    available    in    1896,   $719,206  25,   of 

which  amount $    569,259.18 

were  drawn  and  expended;  leaving  available 

for  1897  expenditures $    519,986.07 

SUMMARY. 

Warrants  outstanding  January  2,  1897 $   593,459.10 

Estimated  expenditures  for  1897 2,248,072.41 

Total  estimated  warrants  for  1897 $2,836,581.51 

Cash  in  treasury  January  2,  1897 $    196,883.40 

Estimated  receipts  for  1897 2,187,446.68 

Total  resources $2,333,829.08 

Estimated  deficit  January  1,  1898 502,702.48 

Total $2,836,581.51 

Deficit,  January  2,  1897 $   397,075.70 

Additional  deficit  estimated  for  1897     105 ,626. 73 

Total $    502,702.43 

If  the  appropriation  for  the  institution  for  the 
feeble  minded  children  be  made,  as  noted  on  the 
bottom  of  my  estimate  for  expenditures,  of  $101,- 
202.00,  and  if  the  special  session  of  the  Twenty- 
sixth  General  Assembly  cost  $100,000.00,  as  I 
estimate  it  will,  the  deficit,  January  1, 1898,  will 
probably  be $    703,904.43 

The  loss  by  fire  at  Glenwood  is  estimated  at  $125,000.00  by 
the  officers  of  the  institution.  The  executive  council  has 
already  advanced  them  $28,798.78  to  meet  the  pressing  neces- 
sities, leaving  $101,202.00  in  round  numbers,  as  above  stated. 


BBPOBT  OF  TBU8TEBB  OF  INSTITUTION  FOB  FBBBLB   MINDED  CHILDBEN. 


Iowa  Institution  fob  Feeble  Minded  Ghildbbn 
Glenwood,  Iowa,  January  1,  1897. 


■! 


To  His  ExoelUncy,  Francis  M,  Drake^  Oovemor  of  lotoa,  and  to  the  Executive 
CouncU: 

Gentlemen — In  accordance  with  your  request,  we  herewith  submit  a 
special  report  relative  to  the  fire  which  consumed  the  main  or  administra- 


1897.]  JOURNAL  OP  THE  HOUSE.  25 

tiye  building*  of  the  Iowa  Institution  for  Feeble  Minded  Children,  AugUBt-- 

29,  1896. 

We  have  the  honor  to  be. 

Yours  verv  respectfully, 

W.  H.  Hall, 

J.  E.    WlCKHAJC, 

E.  B.  MooBE, 
F.  M.  Powell,  ^  Truateet, 

SuperinteTident. 

BEPORT. 

The  main,  or  Administrative  building'  of  the  Iowa  Institution  for 
Feeble  Minded  Children  was  erected  between  the  years  1884  and  1890,  in 
accordance  with  provisions  made  for  this  purpose  by  the  several  General 
Assemblies,  as  follows: 

1st. — The  Twentieth  General  Assembly  appropriated  950,000.  (Chapter 
145,  Session  Laws,  1884.) 

2d.— The  Twenty-first  General  Assembly  appropriated  925,000.  (Chap* 
ter  162,  Session  Laws,  1886.) 

3d. — The  Twenty-second  General  Assembly  appropriated  916,000. 
(Chapter  119,  Session  Laws,  1888.) 

4th.— The  Twenty-third  General  Assembly  appropriated  92,000  for  cold 
storage  [addition  to  main  building] ;  83)000  for  bakery  and  kitchen  furni- 
ture.    (Chapter  80,  Session  Laws,  1890.) 

5th. — The  Twenty-fourth  (General  Assembly  appropriated  81t000< 
(Chapter  92,  Session  Laws,  1892.) 

6th. — The  Twenty-second  General  Assembly  also  appropriated  the  sum 
of  815,000  for  steam  heating,  81)500  for  hydrants  and  fire  escapes  and  81,200 
for  beds  and  bedding,  and  the  Twenty-third  General  Assembly  a  sum  of 
85,000  for  electric  lighting.  A  large  portion  of  these  latter  sums  were 
expended  on  the  building  under  consideration. 

It  is  a  difficult  matter  to  adequately  estimate  the  full  pecuniary  loss  to 
the  State  by  this  calamity,  for  in  addition  to  the  sums  specifically  appro^ 
priated  for  construction  and  furnishing  the  building,  there  have  been  each 
year  expenditures  on  the  same,  and  we  cannot  even  yet  realize  clearly  all 
that  has  been  lost  to  the  institution  and  to  the  State. 

The  total  amount  specifically  appropriated  and  expended  in  the  erection 
of  the  building  will  be  seen  to  be  996,000.  This,  with  a  proportiofi  of  the 
other  sums  mentioned,  makes  an  approximate  cost  of  building  and  furnish- 
ing of  not  less  than  8125,000. 

The  whole  of  this  building  was  consumed  by  the  fire,  except  the  founda- 
tion walls,  the  vault  and  contents,  a  portion  of  the  walls  of  the  west  win|^ 
and  such  material  and  furniture  as  was  saved  at  the  time  of  the  fire. 

Further,  the  contents  of  adjoining  buildings  were  badly  damaged,  or 
destroyed,  it  being  thought  expedient  to  remove  them,  owing  to  the 
imminent  danger  of  the  fire  extending.  The  dry  goods  store  room  con- 
tained some  thousands  of  dollars*  worth  of  material,  much  of  which  was 
ruined  in  its  removal,  and  by  subsequent  wetting  from  the  rain  storm  pre- 
vailing at  the  time. 

The  main  building. was  the  largest  and  principal  one  of  the  several 
buildings  constituting  the  institution.     It  was  built  in  the  form  of  a  cross. 


26  JOURNAL  OP  THE  HOUSE.  Jan.  la, 

cztendiog  north  and  south  208  feet,  and  east  and  weat  169  feet;  contained 

cellars,  a  basement  floor,  two  main  stories  and  an  attic  floor.     The  cellars 

were  used  for  storage  purposes  in  connection  with  the  kitchen  department. 

The  basement  floor  contained  kitchen,  bakery,  dining  rooms  for  children 

and  employes,  and  a  general  store  room.     The  first  floor  provided  for 

offices,  living  rooms  for  Superintendent's  family,  officers  and  teachers  and 

a  class  of  thirty  children.     The  second  floor  was  utilized  entirely  by  the 

school  department.     The  attic  floor  provided  room  for  a  class  of  girls  and 

living  rooms  for  employes.     The  extreme  rear  extension  contained  the 

cold  storage  plant  and  two  school  rooms. 

DKTAILS  OF  THE  FIRE. 

At  2:15  on  the  morning  of  Saturday,  the  29th  of  August,  1896,  during  a 
savere  rain  and  electrical  storm,  the  northeast  comer  of  the  tower  of  the 
administrative  building  was  struck  by  lightning,  and  notwithstanding 
heroic  efforts  on  the  part  of  the  institution  staff,  the  people  of  Glen  wood, 
and  the  Are  department  of  Council  Bluffs,  the  entire  structure,  and  much 
of  its  contents,  was  destroyed. 

Fire  was  discovered  a  few  minutes  after  the  lightning  struck  the  build- 
ing, by  employes  who  slept  on  the  upper  floor.  They  aroused  other 
occupants,  sounded  the  alarm,  and  put  into  operation  the  Are  hose.  The 
entire  force  of  the  institution  quickly  responded  to  the  alarm,  and  the 
available  fire  fighting  apparatus  was  speedily  brought  into  action.  In 
addition  to  this,  bath  tubs  were  kept  constantly  full  of  water  for  the  use 
of  the  bucket  brigade,  which  rendered  valuable  service. 

The  first  thought  and  consideration  was  the  safety  of  the  children,  who 
were  all  quietly  and  orderly  removed  to  places  of  safety,  in  a  manner 
demonstrating  the  efficiency  of  Institution  discipline. 

When  first  discovered,  the  fire  appeared  to  be  confined  to  the  upper 
portion  of  the  tower,  a  square  brick  structure  with  heavy  partition  brick 

*  walls  separating  it  from  adjoining  rooms  in  the  building.  Had  the  light' 

ning,  in  its  destructive  path,  not  touched  other  parts,  doubtless  the  fire 
would  have  been  controlled,  but  it  soon  became  manifest  that  another 
portion  of  the  building  was  ignited,  and  a  ^re^  far  more  serious  in  its 
nature,  was  found  to  be  fiercely  raging  in  the  roof  timbers  of  the  south 
extension  over  the  chapel.    The  Institution  fire  apparatus  was  speedily 

•  supplemented  by  the  fire  department  of  the  city  of  Glen  wood. 

Slowly  but  surely  the  fire  crept  on.  Finally,  recognizing  the  impossibil- 
ity of  saving  the  building,  an  extra  force  was  organized  to  remove  the  con- 
tents. By  this  time,  other  buildings  were  in  danger,  more  especially  the 
•one  on  the  west  known  as  the  '*old  building,*'  the  distance  between  the 
burning  building  and  this  structure  being  only  fifteen  feet.  It  was  of  the 
utmost  importance  to  intercept  the  fire  at  this  juncture,  as  the  "old  build- 
ing'" was  connected  with  a  number  of  others  that  must  inevitably  have 
been  destroyed  in  the  event  of  a  failure  to  control  the  fire  at  this  point. 
Strenuous  efforts  weie  accordingly  directed  to  this  end,  and  successfully. 
The  west  end  of  the  administiative  building  was  so  thoroughly  saturated 
^ith  ^ater  that  the  fire  gradually  died  out  within  a  few  feet  of  the  west 
wslls.  Had  these  efforts  been  unsuccessful  only  a  small  portion  of  the 
Institution  would  have  been  left  standing. 


1897.1  JOURNAL  OP  THE  HOUSE.  27 

Early  during  the  conflagration  the  fire  department  of  Council  Bluffs 
was  telegraphed  to  for  help,  and  a  speeial  train  on  the  Chicago,  Burling- 
ton &  Quincj  brought  a  portion  of  their  department  to  our  aid.  They 
assisted  materially  in  the  work  of  saving  the  remaining  buildings. 

The  appliances  for  fire  protection  consisted  in  water  pipes  on  each 
floor  with  hose  attachments,  fire  buckets  and  axes,  chemical  fire 
extinguishers,  outside  hydrants  and  hose  carts.  The  reservoir  storage  for 
water  is  contained  in  a  brick  tower,  100  feet  high,  in  which  are  iron  tanks, 
with  a  capacity  of  1,300  barrels,  a  portion  being  kept  constantly  in  reserve, 
to  be  drawn  on  only  in  the  event  of  ^e,  until  direct  pressure  can  be 
-obtained  from  the  pumps,  which  have  a  forcing  capacity  of  500  barrels  an 
hour.  The  apparatus  stood  the  test  in  a  gratifying  manner.  The  build- 
ing was  provided  with  fire  escapes  on  the  several  extensions. 

The  Trustees  desire  to  express  gratitude  to  the  people  of  Glen  wood  and 
the  surrounding  country  for  their  efficient  assistance.  They  also  wish  to 
record  that  the  officers  and  employes  were  active  and  energetic  in  their 
efforts  to  save  the  building  and  care  for  the  'children.  All  were  unselfish 
in  that  they  gave  no  thought  for  their  own  belongings,  but  cheerfully  and 
willingly  labored  to  save  the  State's  unfortunate  charges  and  property. 

The  Trustees  respectfully  call  your  attention  to  the  personal  losses  of 
the  employes,  they  being  illy  able  to  bear  them. 

APTEB  THE   FIRS. 

The  fire  at  once  deprived  the  institution  of  60,800  square  feet  of  surface, 
divided  into  100  rooms,  every  foot  of  which  was  utilized  in  the  conduct  and 
management  of  the  affairs  of  the  Institution.  The  consequent  embarrass- 
ment was  very  great.  To  appreciate  this,  it  would  be  necessary  to  have 
been  familiar  with  all  the  circumstances  before  and  after  the  fire.  In  a 
few  hours  the  institution  was  deprived  of  all  conveniences  for  cooking  for 
and  dining  over  400  children  and  seventy-five  employes;  rooms  for  Super- 
intendent and  family;  offices  for  the  executive  department;  cold  storage 
plant;  general  store  room  and  school  department  entire.  /^U  this  must  be 
temporarily  provided  for,  and  that  immediately,  until  permanent  provision 
could  be  secured.  The  changes  incident  to  reorganize,  deprived  a  large 
number  of  ohildren  in  the  old  building  of  allotted  space,  which  made  it 
necessary  to  improvise  somewhere  and  somehow.  The  only  resource  was 
to  crowd  space  already  occupied.  It  therefore  became  necessary  to  double 
the  classes  and  use  hall  space  for  dormitories  and  dining  rooms. 

It  was  imperative  to  provide  at  once  temporary  quarters  for  the  admin- 
istrative department  to  direct  and  carry  on  the  affairs  of  the  institution 
under  the  changed  conditions.  For  this  purpose  rooms  were  utilized  in 
the  old  building  which  we  had  fought  so  vigorously  to  save,  and  which  was 
now  thoroughly  drenched,  from  garret  to  basement,  with  water  from  the 
use  of  hose  during  the  fire.  The  same  room  was  brought  into  requisition 
as  an  office  that  was  used  for  the  same  purpose  twenty  years  ago  at  the 
organization  of  the  institution. 

When  it  is  understood  that  every  department  was  actually  crowded 
before  the  fire,  you  may  realize  the  difficulty  of  solving  the  problem— how 
to  meet  the  existing  conditions.  Yet  the  emergency  must  be  met.  For 
feeding  and  housing  the  population  we  depended  upon  the  asylum  or  cus- 
todial building,  which  had  a  small  kitchen  and  dining-room  for  150  of  the 


28  JOURNA.L  OP  THE  HOUSE.  Jan.  19, 

lower  claMes  of  children,  and  the  use  of  the  kitchen  and  dining-room  at 
the  farm  boys*  cottage.  By  bringing  into  nse  these  limited  facilities  and 
by  making  dining-rooms  of  halls  and  providing  meals  at  separate  times, 
the  absolute  necessities  were,  in  a  measure,  provided  for. 

While  the  experience  was  a  severe  one,  it  was  less  so  than  it  would  have 
been  had  the  season  of  the  year  been  unfavorable. 

The  Superintendent  telegraphed  the  Board  of  Trustees  to  come  at  once 
and  notified  the  Executive  Council  of  the  calamity. 

Your  honorable  body  will  remember  that  we  met  you  in  council  on 
Wednesday,  September  3d,  at  which  time  the  facts,  as  above  stated,  were 
submitted.  In  addition  to  the  necessities  referred  to,  your  attention  was 
called  to  the  fact  that  portions  of  the  walls  still  standing  could  be  saved, 
if  constructive  repairs  could  take  place  before  they  were  subjected  to 
winter  storms  and  spring  thaws.  In  other  words,  the  State  would,  in  our 
opinion,  save  thousands  of  dollars  if  it  were  possible  to  rebuild  at  once. 
As  a  result  of  your  deliberations,  925,000  was  appropriated  to  begin  work 
at  once,  with  instructions  to  rebuild  as  far  as  necessary  to  meet  existing 
emergencies,  all  to  be  done  substantially,  as  permanent  strueture,  suitable 
for  the  purposes  of  the  Institution  when  the  burnt  building  shall  have 
been  rebuilt  as  a  whole. 

You  will  remember,  also,  that  another  petition  was  presented  Novem- 
ber 12th,  asking  further  assistance  to  rebuild  other  portions  to  meet  the 
requirements  of  the  Institution,  and  to  save  the  State's  property.  With 
the  aid  rendered  by  your  honorable  body,  we  have  been  enabled  to  recon- 
struct  the  south  extension  and  portions  of  the  west  wing;  the  former  now^ 
being  partially  utilized.  In  accordance  with  your  suggestions  and  our 
own  judgment,  it  has  been  the  endeavor  to  build  substantially,  using  iron 
girders  and  partition  brick  walls  wherever  practicable,  and  in  other  waya 
build  with  a  view  of  fire  protection. 

While  the  work  commenced  is  incomplete,  we  are  confident  that  the 
S40,000  granted  is  being  economically  and  profitably  expended.  The  relief 
granted  will  provide  kitchen  facilities,  dining  rooms  for  girls  and  employes, 
and  about  one-half  the  former  school  facilities.  It  will  also  provide  day 
and  dormitory  rooms  for  a  class  of  girls,  and  rooms  for  a  number  of 
employes. 

From  careful  estimates  procured,  we  conclude  that  $75,000  will  complete 
and  furnish  the  remaining  portions  of  the  building,  which  will  contain 
the  administrative  offices,  dining-room  for  boys,  attic  rooms  for  employes, 
superintendent's  apartments,  and  complete  the  school  department,  all  of' 
which  is  urgently  needed  to  place  the  Institution  on  the  same  basis  as  it. 
was  before  the  fire.  Respectfully, 

W.  H.  Hall, 

J.    E.    WiCKHAM, 

E.  R.  MooBB, 
F.  M.  Powell,  Trustees. 

Superinten  dent. 


1897.]  JOURNAL  OF  THE  HOUSE.  29 

Mr.  W.  B.  Martin  moved  that  3,000  copies  of  the  Governor's 
Message  be  ordered  printed  for  distribution. 
Lost. 

Mr.  Cornwall  moved  the  House  adjourn  till  2  p.  m. 
Carried. 
Adjourned. 


AFTERNOON   SESSION. 


House  called  to  order  at  2  p.  m.  ,  Speaker  Byers  in  the  chair. 
Mr.  Power  offered  the  following  resolution,  which  was  laid 
over  under  Rule  84. 

Be  U  r€8oVoedi  That  in  the  introduotion  of  the  proposed  Code  each  chapter 
thereof  be  introduced  aa  a  distinct  bill. 

The  Speaker  appointed  as  chairman  of  Committee  on  Public 
Lands  and  Buildings,  Mr.  Baker  to  succeed  Mr.  Merrell. 

Mr.  Finch  offered  the  following  concurrent  resolution,  which 
was  laid  over  under  Rule  84: 

CONCUBBENT  RESOLUTION. 

Be  It  Resolved  by  Ihe  House,  the  Senate  concurring,  That  the  committee 
having*  any  part  of  the  proposed  Code  under  consideration,  make  on  the 
mar^n  of  each  section  thereof  a  reference  to  the  section  of  the  Code  of 
1873;  also  act  of  the  General  Assembly  since  1872  incorporated  in  said  sec- 
tion substantially  as  follows:  *^  Code  210,  16  General  Assembly,  Chapter 
100,  Sec.  7."  Also,  if  practicable,  as  a  reference  to  the  revision  of  1860 
and.Code  of  1851  thus;    '*  B.  600.  0.  51-210." 

The  Speaker  appelated  as  the  committee  to  confer  with  a  like 
committee  from  the  Senate  in  reference  to  a  mail  carrier,  the 
following  members: 

Messrs.  Allen,  Prink,  Jackson,  Spaulding,  and  Miller  of 
Warren. 

Mr.  McArthar  moved  to  adjourn  until  10  a.  m.  to-morrow. 

Carried. 

So  the  House  adjourned. 


30  JOURNAL  OP  THE  HOUSE. 


Hall  of  tub  Uousk  of  Rrprkhkntativrh. 
De8  Moines,  Iowa,  Wednesday  January  20,  1h<»7 

House  met  at  10  a.  m., Chief  Clerk  Rowen  in  the  chair. 
Prayer  by  Rev.  W.  M.  Todd,  of  Des  Moines. 
The  House  then  proceeded  to  the  election  of  Speaker  pro  i 
Mr.  Funk  moved  that  Mr.  Dowell  be  made  Speaker  />/v>  t 

Carried. 

Messrs.  Funk  and  Byington  were  appointed  as  a  commit 
to  escort  the  newly  elected  Speaker  pro  tern,  to  the  chair. 

Mr.  Dowell  was  then  sworn  in  by  Chief  Clerk  Rowen. 

Mr.  McDowell  offered  the  following  resolution: 

Resolved,  That  the  rules  of  the  repfular  session  be  adopted  as  the  ml 
of  the  extra  session  of  the  Twenty-sixth  General  Assembly. 

Laid  over  under  Rule  34. 

Speaker  Byers  in  the  chair. 

Mr.  Ray  moved  that  a  committee  of  three  be  appointed  1 
arrange  rooms  and  times  of  meeting  of  standing  committees. 

Adopted. 

The  Speaker  appointed  Messrs.  Ray,  Merriam  and  Power. 
Mr.  Merriam  offered  the  following  concurrent  resolution  an< 
moved  its  adoption: 

Resolved  by  the  Hovse,  the  Senate  cancurritig,  That  a  joint  committee  of  fi7< 
members  of  the  Houae,  appointed  by  the  Speaker,  and  five  members  of  th« 
Senate,  to  be  appointed  by  the  President  of  the  Senate,  be  appointed  tc 
arrange  the  div^iaion  of  the  proposed  Code  into  bills  for  the  purpose  of  intro- 
duction into  the  respective  Houses. 

Adopted. 

Mr.  Gurley  introduced  the  following  resolution  and  moved 
iis  adoption: 

Rcsohied,  That  the  Speaker  appoint  a  committee  of  three,  whose  duty  it 
shall  be  to  report  the  amount  of  mileage  to  which  each  member  of  tho 
House  is  entitled,  and  that  a  proper  certificate  of  the  same  shall  be  made. 

Adopted. 


1897.]  JOURNAL  OP  THE  HOUSE.  31 

The  Speaker  ajqpointed  as  such  committee  Messrs.  Ourley, 
Putnam  and  Sullivan. 

Mr.  Allen,  of  the  Committee  on  Mail  Carrier,  presented  the 
following  report: 

Mb.  Spbakbb — Your  committee  appointed  by  the  House  and  Senate  ta 
select  a  mail  carrier  for  the  extra  session  of  the  Twenty-sixth  General 
Assembly,  beg"  leave  to  report  that  we  have  selected  Henry  Cain  for  that . 
position. 

W.  H.  Bbbbt, 
Chairman  for  Senate. 

W.  S.  AlIjBN, 
Chairman  for  House, 

Upon  the  motion  of  Mr.  Allen  the  report  was  adopted. 

INTRODUCTION  OP  BILLS. 

By  Mr.  Parker,  House  file  No.  1,  a  bill  for  an  act  making  an 
appropriation  for  the  Institution  for  Feeble  Minded  Children, 
at  Glenwood,  Iowa. 

Read  first  and  second  times  and  referred  to  Committee  on 
Appropriations. 

By  Mr.  Parker,  House  file  No.  2,  a  bUl  for  an  act  to  provide 
for  the  payment  of  certain  sums  to  employes  of  the  Institu  lion 
for  Feeble  Minded  Children  at  Glenwood,  on  account  of  losses, 
sustained  by  fire,  August  29,  1896. 

Read  first  and  second  times  and  referred  to  Committee  on 
Appropriations. 

By  Mr.  Tibbitts,  House  file  No.  3,  a  bill  for  an  act  to  legalize 
the  election  held  at  Sumner,  Iowa,  on  October  15,  1894,  for  the 
issuance  of  bonds  for  water  works. 

Mr.  Dowell  moved  that  tbe  bill  be  rejected. 

Carried. 

Mr.  Ray  presented  the  following  report  of  the  Committee  on 
the  Assignment  of  Committee  Rooms: 

Mb.  Spbakbb— Your  committee,  to  whom  was  referred  the  matter  of 
assignment  of  rooms  and  the  time  of  meetin(r«  would  report  as  follows: 

First.— The  various  Code  Committees  will  meet  as  follows  each  day  of 
the  week  except  Sunday: 

Code  Committee  No.  1  in  Room  1,  at  2  o'clock  p.  m. 

Code  Committee  No.  2  in  Room  6,  at  2  o'clock  p.  m. 

Code  Committee  No.  3  in  Room  13,  at  2  o'clock  P.  m'. 

Code  Committee  No.  4  in  Room  10,  at  2  o'clock  p.  m. 

Code  Committee  No.  5  in  Room  27,  at  2  o'clock  P.  M. 

Seoond.— The  Committee  on  Public  Lands  and  Buildings  is  assigned  to. 
room  No.  15,  and  will  meet  on  call  of  chairman. 


82  JOURNAL  OF  THE  HOUSE.  [Jan.  20, 

TMrd. — All  other  committees  will  occupy  the  same  committee  rooms  as 
during  the  refnilar  session,  and  will  meet  upon  call  of  their  respective 
..ehairmen. 

W.  G.  Ray, 

Fbank  F.  Mebriam, 

John  T.  P.  Poweb, 

CovmnUtee, 

Upon  motion  of  Mr.  Ray,  the  report  was  adopted. 

Mr.  McDonald  was  excused  until  to-morrow. 

On  motion  of  Mr.  Dowell  the  House  adjourned  until  2  p.  m. 


AFTERNOON   SESSION, 


The  House  was  called  to  order  at  2  p.  m.,  with  Speaker  Bjers 
in  the  chair. 

Mr.  Brady  was  excused  until  to-morrow. 

Mr.  Reed  offered  the  following  resolution  and  moved  its 
adoption: 

RewVoed,  That  seats  for  duly  accredited  newspaper  reporters  be  assigned 
them  in  the  reporters'  gallery  by  the  Chief  Clerk  of  the  House. 

Adopted. 

Mr.  Funk  moved  that  two  hundred  copies  of  the  substitute 
for  House  file  No.  8,  as  reported  by  the  Committee  on  Ways 
and  Means,  be  ordered  printed. 

Carried. 

INTRODUCTION  OP  BILLS. 

By  Mr.  Allen,  House  file  No.  4,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  sovereignty  and 
jurisdiction  of  the  state  and  legislative  departments. 

Read  first  and  second  times. 

On  motion  of  Mr.  Allen,  Rule  48  was  suspended  and  House 
file  No.  4  was  taken  up  and  considered. 

Mr.  Allen  moved  that  the  rules  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed,  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bird,  Brant,  Brighton,  Brin- 

ton,   Bjington,  Chapman,   Clark,   Classen,   Cook,    Cornwall, 

..Crow,   Davis,   Doubleday,   Dowell,   Early,    Edwards,    Evans, 


1897.]  JOURNAL  OF  THE  HOUSE.  88 

Pinch,  Prazee,  Prink,  Punk,  Good,  Griswold,  Grote,  Gurley, 
Haugen,  Hanger,  Hazen,  Hendershot,  Hinkhouse,  Hinman, 
Hunt,  Huntley,  Johnson  of  Webster,  Johnston  of  Pranklin, 
Klemme,  Ladd,  Lauder,  Lavender,  Loomis,  Lowry,  Lambert, 
McAchran,  McDowell,  McNulty,  McQuin,  Manahan,  Marti, 
Martin,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  MuUin,  Nietert,  Parker,  Perrott,  Porter, 
Potter,  Power,  Prentis,  Patnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  Sullivan,  Thompson,  Tibbitts,  Van  Houten,  Wat- 
ters.  Weaver,  Wells,  Whelan,  Whittier,  Williams,  Wilson, 
Wood,  Mr.  Speaker— 83. 

The  nays  were : 

None.  • 

Absent  or  not  voting : 

Messrs.  Bell,  Bowen,  Brady,  Garner,  Jackson,  Jay, 
Mc  Arthur,  McDonald,  Mayne,  Miller  of  Cherokee,  Morrison  of 
Keokuk,  Nolan,  St.  John,  Temple,  Voelker,  Wheeler — 16. 

So  the  bill  passed  and  the  title  was  agreed  to. 

By  Mr.  Allen,  House  file  No.  5,  a  bill  for  an  act  to  define  the 
organization,  powers  and  duties  of  the  General  Assembly. 

Read  first  and  second  times. 

On  motion  of  Mr.  Allen,  Rule  43  was  suspended  and  House 
file  No.  5  was  taken  up  and  considered. 

Mr.  Allen  moved  that  the  rules  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant, 
Brighton,  Brinton,  Byington,  Clark,  Classen,  Cornwall,  Crow, 
Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans,  Pinch„ 
Prazee,  Griswold,  Grote,  Haugen,  Hanger,  Hazen,  Hender- 
shot, Hinman,  Johnston  of  Pranklin,  Lauder,  McNulty,  Mc- 
Quin, Miller  of  Buena  Vista,  Mullin,  Nietert,  Potter,  Prentis, 
Putnam,  Reed,  Scott,  Smith,  St.  John,  Temple,  Tibbitts,  Wea- 
ver, Wells,  Williams,  Wood,  Mr.  Speaker — 50. 

The  nays  were: 

Messrs.  Chapman,  Prink,  Punk,  Gkxxl,  Gurley,  Hinkhouse,. 
Hunt,  Huntley,  Jay,  Johnson  of  Webster,  Klemme,  Ladd, 
Lambert,  Loomis,  Lowry,  McAchran,  McDowell,  Manahan,. 
Marti,  Martin,  Mayne,  Merriam,  Miller  of  Warren,  Morrison 
of  Grundy,   Morrison  of  Keokuk,   Parker,   Perrott,   Porter,. 


84  JOURNAL  OP  THE  HOUSE.  fJmn.  20, 

Power,  Ray,  Spaulding,  Sullivan,  Thompson,  Van  Houten, 
Waiters,  Whelan,  Whittier,  Wilson— 38. 

Absent  or  not  voting : 

Messrs.  Brady,  Cook,  Gamer,  Jackson,  Lavender,  McAr- 
thur,  McDonald,  Miller  of  Cherokee,  Nolan,  Yoelker,  Wheeler 
—11. 

8o  the  bill,  having  failed  to  receive  a  constitutional  majority, 
was  declared  lost, 

Mr.  Funk,  seconded  by  Mr.  Merriam,  moved  to  reconsider 
the  vote  just  taken. 

Carried. 

Mr.  Funk  moved  that  the  vote  whereby  the  rules  were  sus- 
pended and  the  bill  passed  to  a  third  reading  b^  also  reconsid- 
ered. 

Carried. 

The  bill.  House  file  No.  5,  was  then  referred  to  the  First 
Division  of  Code  Revision  Committee. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mr.  Speakebt^I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  concurred  in  the  following  concurrent  resolution: 

For  the  appointment  of  a  joint  committee  to  consider  plans  of  handling 
the  Code.  Geo.  A.  Newman, 

Secretary, 

INTRODUCTION  OF  BILLS. 

By  Mr.  Allen,  House  file  No.  6,  a  bill  for  an  act  providing 
for  the  publication  and  construction  of  the  statutes. 

Bead  first  and  second  times. 

On  motion  of  Mr.  Allen  Rule  43  was  suspended  and  House 
file  No.  6  was  taken  up  and  considered. 

Mr.  Finch  moved  to  amend  as  follows: 

Amend  section  7  at  the  end  of  line  3  by  adding  **  also  on  the  marg^in  or 
at  the  bottom  of  each  section  of  this  code  a  reference  to  the  section  of  the 
Code  of  1873,  or  acts  of  the  general  assembly  since  1872  incorporated  in 
said  section  ;  also  a  reference  to  the  revision  of  1860  and  Code  of  1851,  if 
practicable." 

On  division  of  the  House  the  amendment  was  adopted  by  a 
vote  of  49  yeas  to  26  nays. 

Mr.  Martin  moved  to  amend  as  follows: 

Amend  section  6,  chapter  3,  by  inserting  after  the  word  **  unless,**  in 
the  second  line,  the  words,  **  some  specified  time  is  provided  in  the  act,  or.** 

Adopted. 


1897.]  JOURNAL  OF  THE  HOUSE.  85 

Mr.  Gurley  moved  to  amend  as  follows: 

In  section  6,  line  1,  strike  out  the  words,  **re^ular  sessions"  and  insert 
in  lieu  thereof  the  words,  *  ^regular  session." 

Adopted. 

Mr.  Evans  moved  to  amend  as  follows: 

Amend  section  8  by  striking  out  the  words,  **this  Code,"  and  insert  the 
words,  **McClain'B  Annotated  Code  of  Iowa  as  revised  in  1888." 

Lost. 

Mr.  Doubleday  moved  to  amend  as  follows: 

.  Amend  by  substituting  the  word  "thirty"  for  "fifty,"  in  the  first  line  of 
section  7. 

Lost. 

Mr.  Hinman  moved  to  amend  as  follows: 

Amend  section  11  by  inserting  the  word  "State"  before  the  word 
''Historical,"  in  the  fifth  line. 

Adopted. 

Mr.  Temple  moved  to  strike  out  the  word  *  ^majority"  and 
insert  the  word  ''vote"  in  liea  thereof,  inline  5  of  section  1. 
Adopted. 
Mr.  Manahan  moved  to  amend  as  follows : 

Amend  section  13,  chapter  3,  by  inserting  the  words  "city  clerk"  after 
the  words  "township  clerk"  in  first  line. 

The  amendment  was  lost  by  a  vote  of  81  yeas  to  48  nays. 

Mr.  Allen  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Pinch,  Frazee,  Frink,  Punk,  Garner,  Good,  Griswold, 
Grote,  Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse, 
Hinman,  Hunt,  Huntley,  Jackson,  Johnson  of  Webster,  John- 
ston of  Franklin,  Klemme,  Ladd,  Lambert,  Lauder,  Lavender, 
Loomis,  Lowry,  McAchran,  McArthur,  McDowell,  McNulty, 
Manahan,  Marti,  Martin,  Mayne,  Merriam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter,  Potter, 
Power,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding, 
St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten, 
Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wilson,  Wood,  Mr.  Speaker— 98. 

The  nays  were: 

None. 


36  JOURNAL  OP  THE  HOUSE.  Jan.  20, 

Absent  or  not  voting:  i 

Messrs.  Brady,  Jay,  McDonald,  McQain,  Miller  of  Cher- 
okee, Voelker — 6. 

So  the  bill  passed  and  the  title  was  agreed  to. 

INTRODUCTION  OP  BILLS.  I 

By  Mr.  Allen,  House  file  No.  7,  a  bill  for  an  act  relating  to 
the  Code  and  its  operation. 

Bead  first  and  second  time. 

On  motion  of  Mr.  Allen,  Rule  43  was  suspended  and  House 
file  No.  7  was  taken  up  and  considered. 

Mr.  Van  Houten  moved  to  amend  as  follows : 

strike  ont  figure  *'  6"  in  *'  1896/'  in  line  1,  section  2. 

Adopted. 

Mr.  Allen  moved  that  the  rule  be  suspended  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant, 
Brighton,  Brinton,  Byington,  Clark,  Classen,  Cook,  Cornwall, 
Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Pinch,  Frazee,  Prink,  Punk,  Gamer  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Hunt,  Huntley,  Jackson,  Johnson  of  Webster,  Johnston 
of  Franklin,  Klemme,  Ladd,  Lambert,  Lauder,  Lavender, 
Loomis,  Lowry,  McAchran,  McArthur,  McDowdl,  McNulty, 
McQuin,  Manahan,  Marti,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter, 
Potter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts, 
Van  Houten,  Watters,  Weaver,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 93. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Brady,  Chapman,  Jay,  McDonald,  Miller  of  Chero- 
kee, Voelker — 6. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  Speaker  appointed  as  the  committee  to  confer  with  the 
Senate  committee  in  leference  to  considering  plans  for  hand- 
ling the  Code,  Messrs.  Allen,  Pack,  Cornwall,  Temple  and 
Brighton. 


1897  ]  JOURNAL  OP  THE  HOUSE.  87 

INTRODUCTION  OP  BILLS. 

By  Mr.  Allen,  House  file  No.  8,  a  bill  for  an  act  relative  to 
the  submission  of  constitutional  amendments. 

Bead  first  and  second  time. 

Rule  43  was  then  suspended  and  House  file  No.  8  was  taken 
up  and  considered. 

Mr.  Cornwall  moved  to  amend  section  2,  line  2,  by  striking 
out  the  word  ''such"  and  inserting  in  lieu  thereof  the  words 
^'the  last;"  also,  insert  after  the  word  ^'assembly"  in  the  same 
line  the  following:  * 'adopting  the  same,"  also  strike  out  of 
line  3,  section  2,  the  words  ''the  same,"  and  insert  the  word 
'Mt." 

Adopted. 

Mr.  Allen  moved  that  the  rule  be  suspended  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Pinch,  Prazee,  Prink,  Punk,  Garner,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Hunt,  Huntley,  Jachson,  Johnson  of  Webster,  Johnston 
of  Pranklin,  Klemme,  Ladd,  Lambert,  Lauder,  Lavender, 
Loomis,  Lowry,  McAchran,  McArthur,  McDowell,  McNulty, 
McQuin,  Manahan,  Marti,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  MuUin,  Nietert,  Nolan,  Parker,  Perrott,  Porter, 
Potter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts, 
Van  Houten,  Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whit- 
tier,  Williams,  Wilson,  Wood,  Mr.  Speaker — 93. 

The  nays  were: 

None. 

Absent  or  not  voting : 

Messrs.  Brady,  Davis,  Jay,  McDonald,  Miller  of  Cherokee, 
Voelker — 6. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Ray  offered  the  following  motion,  which  was  laid  over 
under  Rule  34. 


38 


JOURNAL  OP  THE  HOUSE. 


[Jan.  20, 


Mb.  Speaskr— I  move  that  a  committee  of  three  be  appDioied  bj  th« 
Speaker  to  iuveetigate  the  needs  of  this  Houee  as  to  the  number  of  com- 
mittee clerks,  and  if  it  be  found  that  the  number  employed  at  the  regular 
session  is  greater  than  is  needed  at  this  Besaion,  to  regronp  the  committees 
with  a  Ttew  to  lessening  the  number  of  clerks  to  the  actual  needs  of  the 
session. 

Mr.  Gurley  ftled  the  following  report  of  the  Committee  on 


Mr.  Bpbakbb— We,  your  Committee  on  Mileage,  report  aa  follows: 


Allen,  W.B 

BKlley,  0.  F.. 
Baker.  Oeorge  T. 

Bell,  W.  B 

Blrd,J.  W 

Bowen.D.  H 

Bradj.  R.  U  .... 
Brani,  Darld.  .. 
Brlghtoa,  H.  Q.  . 
BrlDt0D.H.  H.  .. 
B;era,  H.  W 
BrlnnOD,  O.  A 
Gbapmaa.  W.  B  . 
Clark.  J.  H    ..    . 

Olauen,  J.  B 

Oook,  B.E    ..      . 
Oornwatl,  W.  W 

Crow,  W.G 

Davis,  U.  J....     . 
Donbledar,  O.  E. 

Ooii>ell,0.0 

Early,  0.  L 

Gdwardi.  A.  □ 

Eraus.  H.  K 

Finch,  Parley 
Frazee.  Jobu 

Kplnk,0.  B 

FnQk,J.H 

Garner,  J.  A     .  . 
Good.  J.  L. 
Orlswold,  H.  J... 

Orote,  J.  F     

Qnrloy,  Z.  H  .... 
HangBD,  a.  N. 
HauBerLW.  E..  . 
Hayes.  Walter  I 
Haien,  J.  B  . . .  , 
Beadenhot.  I.  B 
Hlnkhoiue,  R.  W 
BlnmsD,  a.  N 
Bunt,  William  B 
BuDtley  L.  a  .... 

Jackson.  A.  E 

Jay,  John  T 

Jon  D  SOD,  JODa«  P 

Johnston,  O.  F  ... 
Klemme,  W.  B.. . 

I-add,  W.O 

Lambert,  Thoma 
L  null  ".J.  w. 


"ifi'io 

LBTBnder,  J.  F. 

Loomls.A.M. 

Hci^iaa.Vi'.n'...'.'.'.'.'..'.'.'.'.'.'. 

McArlbnr,  W.U 

HcDaaaId,H 

llCl>0W6ll,J.P 

McNalty.  FmneU 

McQnIn,  B.  M 

MBnahan,F.B 

MarU-Ohrlfl    

'■       ■      W.B 

B 

1,  Franks- 

.-.  -t  O.,  of  Bnena  Vista. 

Minor,  W,  of  Cherokee 

Miller.  J.  H.,ot  Warren 

MorrisoD,  J.  D.,  of  Grundy  ... 

Morrison,  J.,  of  Keokoh 

Mallln.  W 

Nletert.  H  J 

Nolan, Thomas  V 

E^rrott,  E.G.... 

Porter,  O.B 

Potter,  L.  F 

PoirBr,J.T.P 

Preutia,  P.L.  

PntnaiD,G.M  

■Rdi^.J\v\V^. '.'/.'.. '..'.'.'.'.'.'.'.'.'.'. 
Smith.  P.  A.'^'.'..y..."y. '.'.'.'. ..'.', 

nnanldln8,B.  0  

!i.  Joho7R.T 

JnlliTan,T.  J 

Temple,  M.L 

TbompaoD,  J.  A.... 

Tlbbltts.O.  O 

VanHoulen.G  B 

Voelker.O.  A 

Wiitlers,  B.B 

WBaver.H.O 

Wells,  N.A 

Wheeler,  J.  B 

Whelan,M.K 

Wbltller.  Lyman 

Williams,  B 

J.L 


m 

*■ 

'£ 

1897.]  JOURNAL  OF  THE  HOUSE.  89 

We  submit  the  forefi^oing  list  as  a  statement  of  the  number  of  miles 
traveled  by  each  member  in  going*  to  and  returning  from  this,  the  extra 
session  of  the  Twenty-sixth  General  Assembly,  and  the  amount  of  money 
to  which  eaoh  member  is  entitled  by  statute  therefor,  and  we  recommend 
that  such  mileage  be  duly  certified.  Z.  H.  Qublet, 

G.  N.  Putnam, 
T.  J.  Sullivan, 
CammiJUee. 

Mr.  Miller  of  Cherokee  granted  indefinite  leave  of  absence 
on  account  of  sickness. 

Journal  of  yesterday  corrected  and  approved. 

On  motion  of  Mr.  McNulty,  House  adjourned  till  10  a.  m. 
to-morrow. 


40  JOURNAL  OF  THE  HOUSE.  Jan.  21, 


Hall  of  the  House  of  Rspbesbntatttes,     ) 
DBS  Moines,  Iowa,  Thursday,  January  31,  1897.  ) 

The  House  was  called  to  order  at  10  a.  m.  ,  Speaker  Byers  in 
the  chair. 

Prayer  was  offered  by  Rev.  W.  A.  Black,  of  Des  Moines. 

PETITIONS  AND  MEMORIALS. 

A  petition  from  LeGrand  Byington  relative  to  silver  remain- 
ing legal  tender  for  all  debts,  also  to  transferable  mileage 
tickets,  also  in  reference  to  the  issuing  and  registry  of  certifi- 
cates of  stock,  was  read  by  the  Clerk  and  referred  to  (Commit- 
tee on  Judiciary. 

Messrs.  Johnston,  Finch,  Mayne,  Early,  Tibbitts,  Classen, 

Funk,  Klemme,  Spaulding,  Byington,  Jackson,  Wood,  Beed, 

Bell  and  Mr.   Speaker  presented  petitions  of  citizens  of  their 
respective  counties  relative  to  the  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

The  following  certifijcate  of  election  was  then  read  by  the 

Clerk: 

STATE  OF  IOWA,  ) 
Clinton  County.    J 

At  the  election  holden  in  said  county,  in  the  Forty-fifth  Representatiye 
district,  on  the  18th  day  of  January,  A.  D.  1897,  Walter  I.  Hayes  was 
elected  to  the  office  of  Representative  to  the  General  Assembly  in  and  for 
said  Forty-fifth  district  of  the  State  of  Iowa,  for  the  residue  of  the  term 
ending-  on  the  31st  day  of  December,  A.  D.  1897,  and  until  his  successor  is 
elected  and  qualified;  and  he  has  taken  the  oath  of  office  as  required  by  law. 

O.  D.  Stagg, 
Witness:  President  of  the  Board  of  Canvussers, 

F.  Hkbn, 
County  Auditor, 

Mr.  Hayes  was  then  sworn  in  as  a  member  of  this  House 
by  the  Speaker. 

Mr.  Hayes  was  assigned  to  the  following  committees:  Code 
Division  1,  Judiciary,  Insurance,  Private  Corporations,  Police 
Begulations,  Engrossed  Bills. 


1897.]  JOURNAL  OF  THE  HOUSE.  41 

Journal  of  yesterday  corrected  and  approved. 

Mr.  Bay  called  up  his  motion  relative  to  the  reduction  of  the 
force  of  committee  clerks  and  moved  its  adoption. 

Mr.  Whelan  moved  to  lay  the  motion  on  the  table. 

Messrs.  Bay  and  Power  demanded  the  yeas  and  nays  on  this 
question,  which  resulted  as  follows: 

On  the  question,  ''Shall  the  motion  prevail?"  the  yeas  were: 

Messrs.  Allen,  Bird,  Bowen,  Brinton,  Chapman,  Classen, 
Early,  Evans,  Punk,  Griswold,  Grote,  Gurley,  Haugen, 
McAchran,  McDonald,  McNulty,  McQuin,  Merriam,  Nietert, 
Potter,  Tibbitts,  Whelan,  Mr.  Speaker— 28. 

The  nays  were: 

Messrs.  Bailey,  Baker, Bell,  Brant,  Brighton,  Byiugton,  Cook, 
Cornwall,  Crow,  Clark,  Davis,  Edwards,  Pinch,  Prazee,  Prink, 
Good,  Hauger,  Hayes,  Hazen,  Hinkhouse,  Hinman,  Hunt, 
Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Prank- 
lin,  Klemme,  Ladd,  Lambert,  Lauder,  Lavender,  Loomis, 
Lowry,  McArthur,  McDowell,  Manahan,  Marti,  Martin,  Mayne, 
Miller  of  Buena  Vista,  Morrison  of  Grundy,  Morrison  of  Keo- 
kuk, MuUin,  Nolan,  Parker,  Perrott,  Porter,  Power,  Pren- 
tis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding,  St.  John, 
Sullivan,  Temple,  Thompson,  Van  Houten,  Watters,  Weaver, 
Wells,  Wheeler,  Whittier,  Williams,  Wilson,  Wood— 69. 

Absent  or  not  voting: 

Messrs.  Brady,  Doubleday,  Dowell,  Garner,   Hendershot, 
Miller  of  Cherokee,  Miller  of  Warren,  Voelker — 8. 
So  the  motion  was  lost. 

Mr.  Punk  moved  to  amend  by  inserting  after  the  words 
** committee  clerks"  the  following:  ** janitors,  pages,  door- 
keepers and  all  other  employes  of  the  House,  employes  in  the 
Custodian's  department,  and  accounts  of  the  State  Printer  and 
Binder." 

Mr.  Tibbitts  offered  the  following  as  a  substitute  to  the 
amendment,  and  moved  its  adoption: 

That  each  chairman  who  is  allowed  a  committee  clerk  discharge  such 
clerk  as  soon  as  he  has  no  work  for  him. 

LfOSt. 

On  the  amendment  offered  by  Mr.  Punk,  Messrs.  Bay  and 
Jackson  demanded  the  yeas  and  nays,  which  resulted  as  fol- 
lows: 


42  JOURNAL  OP  THE  HOUSE,  J 

The  yeas  were: 

Messrs.  Allen,  Baker,  Bell,  Bird,  Bowen,  Brighton,  Bri 
Chapman,  Clark,  Classen,  Early,  Edwards,  Evans,  F 
Frazee,  Prink,  Punk,  Good,  Griswold,  Grote,  Gurley,  Hat 
Hazen,  Hinkhouse,  lAuder,  McAchran,  McArthur,  McDoi 
McNulty,  McQain,  Manahan,  Martin,  Merriam,  Morriso 
Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert,  Potter,  PutJ 
Keed,  Smith,  St.  John,  Thompson,  Weaver,  Whelan,  Whit 
Wood,  Mr.  Speaker — 48. 

The  nays  were: 

Messrs.  Bailey,  Brant,  Byington,  Cook,  Cornwall,  Ci 
Davis,  Doubleday,  Hauger,  Hayes,  Hinman,  Hunt,  Hunt 
Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Franl^ 
Klemme,  Ladd,  Liambert,  Liavender,  Loomis,  Lowry,  McDot^ 
Marti,  Mayne,  Miller  of  Buena  Vista,  Nolan,  Parker,  Perr 
Porter,  Power,  Prentis,  Ray,  Scott,  Spaulding,  Sulli\ 
Temple,  Tibbitts,  Van  Houten,  Watters,  Wells,  Wheeler,  T 
liams,  Wilson — 45. 

Absent  or  not  voting: 

Messrs.  Brady,  Dowell,  Garner,  Hendershot,  Miller  of  Ch 
okee.  Miller  of  Warren,  Voelker — 7. 

So  the  amendment  was  adopted. 

Mr.  Haugen  moved  to  amend  the  motion  by  insreasing  t 
number  of  the  committee  from  three  to  seven. 

Adopted. 

Mr.  Cornwall  m6ved  that  the  motion  be  referred  to  the  Coi 
mittee  on  Appropriations. 

On  a  division  of  the  House  the  motion  was  lost  by  a  vote 
36  yeas  to  51  nays. 

Mr.  Brant  moved  to  strike  out  of  the  motion  all  after  tl 
words  '* employes  of  the  House"  up  to  and  including  tt 
words  *  *  state  binder. " 

Carried. 

Messrs.  Allen  and  Hinman  demanded  the  yeas  and  nays  o 
the  motion  of  Mr.  Bay  as  amended. 

The  roll  call  resulted  as  follows: 

The  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Clasen,  Cook 
Cornwall,  Crow,  Davis,  Doubleday,  Early,  Edwards,  Evans, 
Pinch,  Frazee,  Prink,  Funk,  Garner,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hinkhouse,  Hinman, 


1897.]  JOURNAL  OP  THE  HOUSE.  43 

Hunt,  Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Johnston  of 
Franklin,  Klemme,  Ladd,  Lambert,  Lauder,  Lavender,  Loomis, 
Lowry,  McAchran,  McDonald,  McDowell,  McNulty,  McQuin, 
Manahan,  Marti,  Martin,  Mayne,  Merriam,  Miller  of  Buena 
Vista,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nietert,  Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Pren- 
tis,  Putnam,  Bay,  Reed,  Scott,  Smith,  Spaulding,  St.  John, 
Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten,  Watters, 
Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Wood,  Mr.  Speaker— 98. 

Mr.  McArthur  voted  in  the  negative. 

Absent  or  not  voting: 

Messrs.  Brady,  Dowell,  Hendershot,  Miller  of  Cherokee, 
Miller  of  Warren,  Voelker — 6. 

So  the  resolution  was  adopted. 

INTRODUCTION   OP  BIL.LS. 

By  Mr.  Punk,  House  file  No.  9,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  Executive 
department. 

Bead  first  and  second  time  and  referred  to  First  Divisioni 
Code  Revision  Committee. 

By  Mr.  Temple,  House  file  No.  10,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  Judicial 
department. 

Bead  first  and  second  time  and  referred  to  First  Division 
Code  Bevision  Committee. 

By  Mr.  Cornwall,  House  file  No.  11,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  county  and  town- 
ship government. 

Bead  first  and  second  time  and  referred  to  Second  Division 
Code  Bevision  Committee. 

By  Mr.  Brighton,  House  file  No.  12,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  city  and 
town  government. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 

By  Mr.  Allen,  House  file  No.  18,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  elections  and 
officers. 

Bead  first  and  second  time  and  referred  to  Fourth  Division. 
Code  Bevision  Committee. 


44  JOURNAL  OF  THE  HOUSE. 

By  Mr.  Funk,  House  file  No.  14,  a  bill  for  an  act  to 
amend  and  codify  the  statutes  in  relation  to  the  revenue 

Bead  first  and  second  time  and  referred  to  Fifth  I 
Code  Be  vision  Ck>mmittee. 

By  Mr.  Temple,  House  file  No.  15,  a  bill  for  an  act  to 
amend  and  codify  the  statutes  in  relation  to  roads,  bridg 
ferries. 

Bead  first  and  second  time  and  referred  to  Fifth  £ 
€!ode  Bevision  Committee. 

Mr.  Manahan  offered  the  following  resolution  and  moi 
adoption: 

Whvrxas,  a  larg-e  number  of  the  members  of  the  House  desire 
the  House  chamber  during-  the  evening-  for  the  purpose  of  attendinf] 
rsspondence,  etc ;  therefore  be  it 

Resolved^  That  the  Chief  Doorkeeper  be  instructed  to  detail 
keeper  to  open  and  attend  the  doors  of  the  House  from  7  to  10  r. 
day. 

Adopted. 

Mr.  McDowell  called  up  his  resolution  relative  to  the 
of  this  extra  session  and  moved  it  be  referred  to  the  Comi 
on  Bules. 

Carried. 

On  motion  of  Mr.  Temple  the  House  adjourned  till  9 
to-morrow. 


1897. J  JOURNAL  OP  THE  HOUSE.  45 


Hall  of  thb  House  of  Refresbntativbs 
Dbs  Moines,  Iowa,  Friday,  January  22,  1897 


:( 


House  met  at  9  a.  m.  ,  Speaker  Byers  in  the  chair. 

Prayer  by  Rev.  F.  H.  Lemon. 

The  Speaker  appointed  as  the  committee  of  seven  as  provided 
by  the  motion  of  Mr.  Bay,  relative  to  the  reduction  of  the  force 
of  House  employes,  Messrs.  Bay,  Temple,  Classen,  Whelan, 
Merriam,  Lowry  and  Jay. 

Mr.  Wilson  offered  the  following  report  of  the  committee 
appointed  to  draft  resolutions  upon  the  death  of  Hon.  N.  A. 
Merrell: 

Mr.  Spbakeb — Your  committee  to  draft  resolutions  on  the  death  of 
Hon.  N.  A.  Merrill  respectfully  submit  the  following: 

Whsbeas,  An  all  wise  Providence  has  suffered  to  be  removed  from  the 
membership  of  this  body,  Hon.  N.  A.  Merrell,  of  Clinton  county,  an  hon- 
ored member,  who  was  held  in  high  esteem  by  all  of  his  associates,  as  a  true 
man,  patriot  and  citizen,  widely  known  and  universaUy  respected. 
Although  nearly  three  score  and  ten,  we  could  have  wished  that  his  life 
might  have  been  prolonged  for  the  sake  of  those  who  were  near  and  dear 
to  him  and  for  our  profit  and  pleasure;  however,  we  realize  that  our  loss  is 
his  gain.     Therefore,  be  it 

Resolved,  By  the  members  of  the  House  of  Representatives  of  the 
Twenty-Sixth  General  Assembly  of  Iowa,  in  extra  session  assembled,  that 
in  the  death  of  Hon.  N.  A.  MerreU,  this  House  has  lost  one  of  its  most  judi- 
cious, upright,  faithful  and  honored  members,  the  state  a  wise,  conservative 
legislator  and  true  patriot;  his  family  is  bereft  of  a  devoted  husband  and 
affection  ate  father,  the  community  a  kind  neighbor  and  a  valued  citizen. 

Resolved,  That  these  resolutions  be  spread  on  the  Journal  of  the  House 

and  that  the  Chief  Clerk  be  instructed  to  forward  a  copy  of  the  same  to 

the  bereaved  wife  and  family. 

J.  L.  Wilson, 

P.  A.  Smith, 

W.  B.  Bell, 

CammUtee, 

The  report  was  adopted  unanimously  by  a  rising  vote. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Griswold,  Prentiss,  McDonald,  Johnson  of  Webster, 
Bird  and  Thompson   presented  remonstrances   of  citizens  of 


46  JOURNAL  OP  THE  HOUSE. 

their  respective  counties  against  the  passage  of  a  manu 
ing  bill. 

Referred  to  CJommittee  on  Domestic  Manufacturers. 

Mr.  Temple  moved  that  the  House  proceed  to  the  con 
tion  of  House  file  No.  5,  a  bill  for  an  act  to  define  the  or| 
tion,  ix>wers  and  duties  of  the  General  Assembly. 

On  a  division  of  the  House  the  motion  was  lost  by  a  ^ 
82  yeas  to  85  nays. 

INTRODUCTION  OF  BILLS. 

By  Mr.  Cornwall,  House  file  No.  16,  a  bill  for  an 
revise,  amend  and  codify  the  statutes  in  relation  to  corpora 

Bead  first  and  second  time  and  referred  to  First  Di^ 
C!ode  Revision  Committee. 

By  Mr.  Cornwall,  House  file  No.  17,  a  bill  for  an  i 
revise,  amend  and  codify  the  statues  in  relation  to  agricul 
horticultural  societies  and  stock  breeding  a3sociations. 

'Read  first  and  second  time  and  referred  to  First  Div 
Code  Revision  Committee. 

By  Mr.  Cornwall,  House  file  No.  18,  a  bill  for  an  a 
revise,  amend  and  codify  the  statutes  in  relation  to  insuri 

Read  first  and  second  time  and  referred  to  First  Div 
Code  Revision  Committee. 

By  Mr.  Cornwall,  House  file  No.  19,  a  bill  for  an  a( 
revise,  amend  and  codify  the  statutes  in  relation  to  b^ 
and  banking. 

Read  first  and  second  time  and  referred  to  First  Divi 
Code  Revision  Committee. 

By  Mr.  Cornwall,  House  file  No.  20,  a  bill  for  an  ac 
revise,  amend  and  codify  the  statutes  in  relation  to  builc 
and  loan  associations. 

Read  first  and  second  time  and  referred  to  First  Divis 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  21.  a  bill  for  an  act 
revise  and  codify  the  statutes  in  relation  to  internal  impro 
ments. 

Read  first  and  second  time  and  referred  to  Second  Divis 
Code  Revision  Committee. 

By  Mr.  Brighton,   House  file  No.   22,   a  bill  for  an  act 
revise  and  codify  the  statutes  in  relation  to  taking  private  pre 
.erty  for  works  of  internal  improvement. 


1897.1  JOURNAL  OP  THE  HOUSE.  47 

Read  first  and  second  time  and  referred  to  Second  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  28,  a  bUl  for  an  act  to 
revise  and  codify  the  statutes  in  relation  to  to  the  construction 
and  operation 'of  railways. 

Read  first  and  second  time  and  referred  to  Second  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  [file  No.  24,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  Board 
of  Railroad  Commissioners. 

Read  first  and  second  time  and  referred  to  Second  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No,  25,  a  bill  for  an  act  to  re- 
vise, amend  and  codify  the  statutes  in  relation  to  the  regulation 
of  carriers  by  railway. 

Read  first  and  second  time  and  referred  to  Second  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  26,  a  bill  for  an  act  to  re- 
vise, amend  and  codify  the  statutes  in  relation  to  the  construc- 
tion and  operation  of  telegraph  and  telephone  lines. 

'Read  first  and  second  time  and  referred  to  Second  Division 
Code  Revision  Committee. 

By  Mr.  Allen,  House  file  No.  27,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  militia. 

Read  first  and  second  time  and  referred  to  Second  Division 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  28,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  settlement  and 
support  of  the  poor. 

Read  first  and  second  time  and  referred  to  Third  Division 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  29,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  care  of  the 
ic  sane. 

Read  first  and  second  time  and  referred  to  Third  Division 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  30,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  domestic  animals. 

Read  first  and  second  time  and  referred  to  Third  Division 
Code  revision  Committee. 

By  Mr.  Funk,  House  file  No.  81,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  fences. 


48  JOURNAL  OF  THE  HOUSE.  Ji 

Read  first  aod  second  time  and  referred  to  Third  Divi 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  32,  a  bill  for  an  act  to  re 
amend  and  codify  the  statutes  in  relation  to  lost  goods. 

Read  first  and  second  time  and  referred  to  Third  Divi 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  33,  a  bill  for  an  act  to  re\ 
amend  and  codify  the  statutes  in  relation  to  in  toxica 
liquors. 

Read  first  and  second  time  and  referred  to  Third  Divii 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  34,  a  biU  for  an  act  to  rev 
amend  and  codify  the  statutes  in  relation  to  fire  insurance  c* 
panics. 

Read  first  and  second  time  and  referred  to  Third  Divis 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  35,  a  bill  for  an  act  to  revi 
^mend  and  codify  the  statutes  in  relation  to  the  Bureau  of  Lai 
Statistics. 

Read  first  and  second  time  and  referred  to  Third  Divisi 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  36,  a  bill  for  an  act  to  revii 
amend  and  codify  the  statutes  in  relation  to  mines  and  minir 

Read  first  and  second  time  and  referred  to  Third  Divisi 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  37,  a  bill  for  an  act  to  revis 
amend  and  codify  the  statutes  in  i  elation  to  the  geologic 
survey. 

Read  first  and  second  time  and  referred  to  Third  Divisic 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  38,  a  bill  for  an  act  to  revisi 
amend  and  codify  the  statutes  in  relation  to  the  inspection  c 
petroleum  products. 

Read  first  and  second  time  and  referred  to  Third  Divisio 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  89,  a  bill  for  an  act  to  revis 
and  codify  the  statutes  in  relation  to  the  inspection  of  pas 
senger  boats. 

Read  first  and  second  time  and  referred  to  Third  Divisioi 
Code  Revision  Committee. 


1897.]  JOURNA.L  OP  THE  H0U3E.  49 

By  Mr.  Funk,  House  file  No.  40,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  dairy  commission- 
ers and  the  imitation  of  dairy  products. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  41,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  state  veterinary 
surgeon. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 

By  Mr.  Funk,  House  file  No.  42,  a  bill  for  an  act  to  revise 
amend  and  codify  the  statutes  in  relation  to  the  care  and  propa- 
gation of  fish. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 

By  Mr.  Funk,  House  file  No.  43,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  State  Board  of 
Health. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 

By  Mr.  Funk,  House  file  No.  44,  a  bill  for  an  act  to  revise, 
amend  a  ad  codify  the  statutes  in  relation  to  the  practice  of 
medicine. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 

By  Mr.  Funk,  House  file  No.  45,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statute  in  relation  to  the  practice  of 
pharmacy. 

Bead  first  and  second  time  and  referred  to  Third  Division. 
Code  Bevision  Committee. 

By  Mr.  Funk,  House  file  No.  46,  a  bill  for  an  act  to  revise, 
amend  and  codify,  the  statutes  in  relation  to  the  practice  of 
dentistry 

Read  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 

By  Mr.  Funk,  House  file  No.  47,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  Soldiers' 
Home. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 


50  JOURNAL  OP  THE  HOUSE.  [Jan.  22, 

By  Mr.  Funk,  House  file  No.  48,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  regents  and 
trustees  of  state  institutions. 

Bead  first  and  second  time  and  referred  to  Third  Division 
Code  Bevision  Committee. 

Mr.  Weaver,  from  the  committee  appointed  by  the  Twenty - 
fifth  General  Assembly  upon  the  uniformity  of  law,  offered 
the  following  report: 

To  the  Oeneral  Assembly  of  Iowa: 

In  pursuance  of  the  proviBlons  of  joint  resolution  No.  14  of  the  Twenty- 
fifth  General  Assembly  (acts  of  the  Twenty-fifth  General  Assembly, 
chapter  206),  the  undersized  were,  by  the  Code  Commissioners  of  Iowa, 
appointed  in  1894  to  act  as  commissioners  for  Iowa  to  confer  with  similar 
commissioners  appointed  by  other  states  of  the  United  States  in  devising 
and  recommending  to  the  various  states  for  adoption,  provisions  to  pro- 
mote uniformity  of  legislation  in  the  United  States,  and  each  of  us  has 
attended  one  or  more  of  the  annual  sessions  of  such  commissioners  from  the 
various  states,  held  since  that  date  of  our  appointment. 

The  recommendations  of  this  board  of  commissioners  from  the  various 
states  BO  far  as  agreed  upon  prior  to  the  report  of  the  Code  Commission  to 
the  General  Assembly,  were  embodied  by  the  commissioners  in  that 
report;  but,  since  such  report  was  presented  to  the  present  General  Assem- 
bly at  the  beginning  of  its  regular  session,  the  Board  of  Commissioners  of 
the  several  states  has  adopted  and  recommended  for  enactment  by  the 
legislatures  of  the  various  states,  an  act  to  secure  uniformity  in  the  law  as 
to  negotiable  instruments,  and  as  it  is  not  practicable  for  us,  as  commis- 
sioners for  Iowa,  'to  make  further  report  to  the  Code  Commission,  we 
respectfully  ask  leave  to  present  the  recommendations  of  such  Board  of 
State  Commissioners  directly  to  your  honorable  body,  with  the  purpose 
that  the  bill  referred  to,  which  is  herewith  transmitted,  be  adopted  by 
your  honorable  body  as  a  chapter  of  Title  15  of  the  Code  of  Iowa,  as 
reported  to  Trade  and  Commerce. 

We  beg  leave  to  suggest  that  the  general  purpose  of  securing  uniform- 
ity in  commercial  matters  among  the  various  states  is  an  important  one  to 
the  interests  of  this  state,  and  that  the  adoption  of  the  proposed  act  will 
not  only  bring  our  law  into  more  complete  uniformity  with  the  general 
law  of  the  country  upon  this  subject,  but  also  that  it  will  render  definite 
and  certain  the  law  of  this  state  upon  some  questions  as  to  which  there  is 
now  some  uncertainty  and  difficulty. 

Very  Respectfully, 

L.  G.  KiNNK, 

Em  LIN  McClain, 
H.  O.  Weaves. 
Des  Moines,  Iowa,  Jan.  20,  1897. 

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


1807.]  JOURNAL  OF  THE  HOUSE.  51 

Resolvedj  That  a  committee  of  five  be  appointed  to  distribute  the  vari- 
ous session  laws  of  the  regular  session  of  the  Twenty-sixth  General  Assem- 
bly to  the  appropriate  Code  revision  committees,  and  that  said  committee 
furnish  the  chairman  of  each  Code  revision  committee  memoranda  show- 
ing the  said  laws  assi^ed  to  his  committee. 

Adopted. 

The  Speaker  appointed  as  such  committee  Messrs.  Byington, 
Hayes,  Evans,  Power  and  Mayne. 

Mr.  Brinton  excused  till  to-morrow. 

Mr.  Martin  excused  till  Monday. 

On  motion  of  Mr.  Ladd,  House  adjourned  till  9:80  A.  M. 
to  morrow. 


62  JOURNAL  OF  THE  HOUSE.  [Juk.  28, 


Hall  of  ths  House  op  Rbprbsbntativka, 
Db8  Moixks,  Iowa,  Saturday,  January  23,  1897 


.i 


House  met  pursuant  to  adjournment,  Speaker  Byers  in  the 
chair. 

Prayer  by  Rev.  A.  L.  Golden. 

Journal  of  yesterday  corrected  and  approved. 

Mr.  Hinman  excused  until  noon  to-day. 

Messrs.  Mayne  and  Potter  excused  until  Monday  morning. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Hinkhouse,  Thompson,  Wells,  Doubleday,  Jackson, 
Whelan,  Clark,  Classen,  Manahan,  Loomis,  Brant,  Watters, 
Evans,  Lowry,  Mullen,  Spaulding,  Griswold,  Porter,  Cornwall, 
Good,  Bowen,  Prink,  Morrison  of  Keokuk,  Brawiy,  St.  John, 
Grote,  Ladd,  Bell,  Gamer,  Funk,  Frazee,  Nolan  and  Bailey 
presented  remonstrances  of  citizens  of  their  respective  counties 
against  the  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Morrison  of  Keokuk  presented  petition  of  citizens  of 
Keokuk  county  asking  that  hucksters  and  peddlers  of  groceries 
be  included  in  license,  section  906  of  the  Code. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Classen  presented  memorial  from  Farmers  Mutual  Fire 
Insurance  Company  of  Marshall  county  relating  to  encroach- 
ments of  outside  companies. 

Referred  to  Committee  on  Insurance. 

REPORT  OF  COMMITTEES. 

Mr.  Finch,  from  the  Committee  on  Code  Revision,  Division 
No.  3,  submitted  the  following  report : 

Mb.  Spkakeb — Your  Committee  on  Code,  Division  No.  3,  to  whom  was 
referred  House  file  No.  28,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  the  settlement  and  support  of  the  poor,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration  and  have 


1897.]  JOURNAL  OP  THE  HOUSE.  58 

instructed  me  to  report  the  same  back  to  the  House  with  the  recommeuda- 
tion  that  the  same  be  amended  as  follows : 

Pagre  439,  section  9,  line  3,  strike  out  **  six  months"  insert  *^  one  year." 
Page  440,  section  11,  lines  4  and  5,  strike  out  ^*  six  months"  insert  ^*one 
year."  Page  440,  section  13,  line  3,  strike  out  *' three"  insert  **  fifteen." 
Page  440,  section  13,  line  7,  strike  out  '*  ten"  insert  '*  thirty."  Page  440, 
section  15,  line  8,  add  '*they  may  require  any  able  bodied  person  to  labor 
faithfully  on  the  streets  and  highways,  at  the  rate  of  five  cents  per  hour 
in  payment  for  and  as  a  condition  of  granting  a  relief,  said  labor  shall  be 
performed  by  the  direction  of  the  officers  havincr  charge  of  workinfr  streets 
and  highways."  Page  441,  section  16,  line  1,  after  the  word  **  soldiers  " 
insert  '"sailors."  Page  441,  section  23,  line  4,  between  ''of"  and  "all" 
insert  "  any  or."  Page  441,  section  24,  line  1,  between  '*  of  "  and  *'  all  " 
insert  "  any  or."  Page  443,  section  32,  lines  4  and  .5,  strike  out  the  follow- 
ing words:  "In  counties  having  a  population  of  fourteen  thousand  or 
over,  and  not  exceeding  one  mill  on  the  dollar  in  other  counties."  And 
when  so  amended  the  same  do  pass. 

P.  Finch, 

Chairman, 

Ordered  passed  on  file. 

Mr.  Hendershot,  from  the  Committee  on  Bules,  submitted 
the  following  report: 

Mb.  Speaker — Your  Committee  on  Rules,  to  whom  was  referred  a  reso- 
lution to  provide  rules  for  this  session  same  as  at  the  Twenty-sixth  Gen- 
eral Assembly,  beg  leave  to  report  that  they  have  had  the  same  under  con- 
sideration and  have  instructed  me  to  report  the  same  back  to  the  House 
with  the  recommendation  that  the  same  be  amended  by  striking  out  the 
word  "Rider"  in  first  line  of  Rule  49.  I.  B.  Heitdebshot, 

Chairman, 

Beport  adopted. 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  Dlyision 
No.  1,  submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  Code  Revision,  Division  No  1,  to 
whom  was  referred  House  file  No.  5,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  General  Assembly,  beg  leave  to 
report  that  they  have  had  the  same  under  consideration  and  have  instructed 
me  to  report  the  same  back  to  the  House  with  the  recommendation  that 
the  same  do  pass  as  amended,  and  recommend  amendments  as  follows: 
To  strike  out  section  9  thereof  and  to  substitute  as  follows: 
Section  9.  The  compensation  of  the  officers  and  employes  of  the 
General  Assembly  shall  be:  To  the  Secretary  of  the  Senate  and  Chief 
Clerk  of  the  House,  six  dollars  per  day  each;  to  the  Assistant  Secretaries 
of  the  Senate  and  Clerks  of  the  House,  Journal,  Enrolling  and  Engrossing 
Clerks  five  dollars  per  day  each;  to  the  Speaker's  Clerk,  Lieutenant-Gov- 
ernor's Clerk  and  Sergent-at-Arms  four  dollars  per  day  each;  to  Post- 
master and  assistant.  Mail  carrier,  Bill  Clerk,  File  Clerk,  Door-keepers, 
Janitors  and  Committee  Clerks  three  dollars  per  day  each,  and  the  neces- 
sary stationery  for  each  of  the  Clerks,  Secretaries  and  their  assistants 


54  JOURNAL  OP  THE  HOUSE.  [Jan.  23, 

aforesaid.  To  the  Lieatenant-Goyernor's  Page  and  the  Speaker's  Page 
two  dollars  per  day  each;  to  the  Messengers  one  dollar  and  fifty  cents  per 
day  each,  and  no  other  or  greater  compensation  shall  be  allowed  such 
officers  or  employes,  nor  shall  there  be  any  allowance  of  or  for  stationery 
except  as  aboTC  provided,  postage,  newspapers  or  per  requisite  in  any  form 
or  manner  or  under  any  other  name  or  designation. 

M.  L.  Tbmple. 
Chairman. 

Ordered  passed  on  file. 

Mr.  Temple  from  the  Committee  on  Code  Revision,  Division 
No.  1,  submitted  the  following  report: 

Mb.  Speaker —Your  committee  on  Code  Revision,  Division  No.  1,  to  whom 
was  referred  House  file  No.  18,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  insurance,  beg  leave  to  report  that  under  the 
resolution  heretofore  adopted  the  Committee  on  Insurance  has  called  for 
said  bill  and  the  same  has  been  transferred  to  the  Insurance  Committee. 

M.  L.  Temple, 

(yhaiTTnan, 

So  ordered. 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  Division 
No.  1,  submitted  the  following  report: 

Mb.  Spbakbb — Your  Committee  on  Code  Revision,  Division  1,  to  whom 
was  referred  House  file  No.  9,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  the  executive  department,  beg  leave  to  report 
that  they  have  had  the  same  under  consideration  and  have  instructed  me 
to  report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass  with  the  following  amendments:  In  chapter  2,  section  11, 
line  1,  strike  out  the  word  '^state."  In  chapter  3,  section  18,  line  2,  strike 
out  the  words  **of  Iowa."  In  chapter  2,  section  20,  line  2,  strike  out  the 
word  '^three"  and  insert  **five'*  in  lieu  thereof.  In  same  line  strike  out  the 
words  "one  dollar  and  twenty-five  cents"  and  in  lieu  thereof  insert  the 
words  ''five  dollars."  In  chapter  3,  amend  section  12  by  adding  at  the  end 
thereof  the  words  '^banks  and  building  loan  associations."  Strike  out 
all  of  chapter  5.  Amend  chapter  7  by  striking  out  section  1  and  substi- 
tuting in  lieu  thereof  the  following:  *'The  Governor,  Secretary,  Auditor 
and  Treasurer  of  State  shall  constitute  the  Executive  Council,  and  any 
three  of  these  shall  constitute  a  quorum.  No  deputy  of  either  of  such 
officers  shall  act  in  said  Council  for  his  principal."  In  chapter  8,  section 
1,  line  10,  strike  out  the  words  "and  such  other  matters  as  the  Council  may 
deem  expedient."  Chapter  9,  section  2,  line  5,  amend  by  inserting  after 
the  words  "public  instruction"    the  words    "adjutant-general,    railroad 

commissioners. " 

M.  L.  Temple, 

Uhairman, 

Ordered  passed  on  file. 

The  following  requisition  was  placed  on  file: 


1897.]  JOURNAL  OP  THE  HOUSE.  65 

To  Representative  Temple^  Chairman  of  First  Division  of  the  OomnMee  on  RevlS' 
ion  of  the  Code: 

I  am  Instructed  by  the  Committee  on  Insurance  to  request  of  your  com- 
mittee that  House  file  No.  18  (chapters  4,  5  and  8  of  the  proposed  Code]  be 
turned  OTer  to  the  Committee  on  Insurance,  to  be  considered  and  reported 
upo:i  by  said  Insurance  Committee. 

Chas.  L  Eably, 
Chairman  Committee  on  Insurance. 
Des  Moines,  Iowa,  Jan.  23,  1897. 

So  ordered. 

INTRODUCTION  OF  BILLS. 

By  Mr.  Temple,  House  file  No.  49,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  Department  of 
Public  Instruction. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Be  vision  Committee. 

By  Mr.  Temple,  House  file  No.  60,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  Educational 
Board  of  ExamiDers. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  51,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  State  Uni- 
versity. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  52,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statute  in  relation  to  the  College  of  Agri- 
culture and  Mechanic  Arts. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  63,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  normal  schools. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  54,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  Orphans'  Home 
and  Home  for  Destitute  Children. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  55,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  Institution  for 
Feeble  Minded  Children. 


56  JOURNAL  OP  THE  HOUSE.  [Jan.  23, 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  CSommittee. 

By  Mr.  Temple,  House  file  No.  56,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  Industrial 
School. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Ck)de  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  57,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  college  for  the 
blind. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  58,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  Industrial 
Home  for  the  Blind. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  59,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  School  for  the 
Deaf. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  60,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  high  schools- 
Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  61,  a  bill  for  an  act  to  revise 
amend  and  codify  the  statutes  in  relation  to  the  county  super- 
intendent. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  62,  a  bill  for  an  act  to  revise 
amend  and  codify  the  statutes  in  relation  to  the  system  of  com- 
mon schools. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  63,  a  bill  for  an  act  to  revi  se 
amend  and  codify  the  statutes  in  relation  to  the  school  fund. 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Bevision  Committee. 

By  Mr.  Temple,  House  file  No.  64,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  State  Library. 


1807.]  JOURNAL  OP  THE  HOUSE.  57 

Bead  first  and  second  time  and  referred  to  Fourth  Division 
Code  Revision  Committee. 

By  Mr.  Temple,  House  file  No.  65,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  State  Historical 
Society. 

Read  first  and  second  time  aid  referred  to  Fourth  Division 
Code  Revision  Committee. 

By  Mr.  Cornwall,  House  file  No.  66,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  rights  of 
property. 

Read  first  and  second  time  and  referred  to  Fifth  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  67,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  weights, 
measures  and  inspection. 

Read  first  and  second  time  and  referred  to  Fifth  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  68,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  money  of 
accounts  and  interest. 

Read  first  and  second  time  and  referred  to  Fifth  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  69,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  notes  and 
bills. 

Read  first  and  second  time  and  referred  to  Fifth  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  70,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  tender. 

Read  first  and  second  time  and  referred  to  Fifth  Division  Code 
Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  71,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  surety. 

Read  first  and  second  time  and  referred  to  Fifth  Division  Code 
Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  72,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  private  seals. 

Bead  first  and  second  time  and  referred  to  Fifth  Division  Code 
Revision  Committee. 

By  Mr  Brighton,  House  file  No.  73,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  assignment  for 
creditors. 


58  JOURNAL  OF  THE  HOUSE.  \Jm,  23, 

Bead  first  aad  second  time  and  referred  to  Fifth  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  74,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  mechanics' 
liens. 

Bead  first  and  second  time  and  referred  to  Fifth  Division 
Code  Bevislon  Committee. 

By  Mr.  Brighton,  House  file  No.  75,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statute  in  relation  to  silent  part- 
nerships. 

Bead  first  and  second  time  and  referred  to  Fifth  Division 
Code  Bevision  Committee. 

By  Mr.  Brighton,  House  file  No.  76,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  warehouse- 
men, carriers,  hotel  keepers,  livery  stable  keepers  and  herd- 
ers. 

Bead  first  and  second  time  and  referred  to  Fifth  Division 
Code  Bevision  Committee. 

By  Mr.  Allen,  House  file  No.  77,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  domestic  relations. 

Bead  first  and  second  time  and  referred  to  First  Division 
Code  Bevision  Committee. 

By  Mr.  Funk,  House  file  No.  78,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  estates  of 
decedents. 

Bead  first  and  second  time  and  referred  to  First  Division 
Code  Bevision  Committee. 

The  following  requisition  was  filed: 

To  Mr.  BrinUm,  Chairman  of  Fourth  Division  Code  ConvmiUee: 

The  Committee  on  School  and  Text  Books  desire  to  call  from  your 
committee  House  files  Nos.  49,  50,  60,  61,  62  and  63. 

J.  F.  Bebd, 
Cfuiirmaru 

So  ordered. 

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

Resolved  by  the  House,  the  Senate  concurring^  That  the  Secretary  of  State 
be  requested  to  furnish  each  member  of  the  House  and  Senate  a  copy  of 
the  Senate  and  House  Journals,  a  copy  of  the  rules  and  session  laws  of 
the  Twenty-sixth  General  Assembly  for  their  use  at  this  session. 

Adopted. 

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


1897.]  JOURNAL  OF  THE  HOUSE.  69 

Resolved  by  the  House,  the  Senate  concurriiig,  That  a  committee  of  two 
from  the '  House  and  one  from  the  Senate  be  appointed  by  the  Speaker  of 
the  House  and  the  President  of  the  Senate  to  visit  the  institution  for  ths 
feeble  minded  at  Glen  wood,  and  investififate  the  needs  of  said  institution 
with  reference  to  rebuilding  of  the  buildings  recently  destroyed  by  fire. 

Adopted. 

The  Speaker  appointed  as  such  committee  Messrs.  Wood  and 
Baker. 

The  House  here  took  up  for  consideration  House  file  No.  5, 
with  report  of  committee  recommending  passage  with  amend- 
ments. 

The  report  of  the  committee  was  adopted. 

Mr.  Klemme  moved  to  amend  by  striking  out  of  line  2, 
section  8,  the  words  **and  fifty." 

Lost. 

Mr.  Temple  moved  to  strike  out  the  substitute  of  the  com- 
mittee and  insert  section  9  as  reported  by  the  Code  Committee. 

Messrs.  Van  Houben  and  McDowell  demanded  the  yeas  and 
nays  on  this  motion,  which  resulted  as  follows: 

On  the  question,  ^'Shall  the  amendment  be  adopted?"  the 
yeas  were: 

Messrs.  Allen,  Bird,  Brant,  Brinton,  Classen,  Crow,  Davis, 
Doubleday,  Dowell,  Early,  Griswold,  Grote,  Jackson,  Ladd, 
Lauder,  Loomis,  McDowell,  McQain,  Miller  of  Baena  Vista, 
Miller  of  Warren,  Morrison  of  Grundy,  Nietert,  Putnam,  Smith, 
Temple,  Tibbitts,  Williams,  Wood,  Mr.  Speaker— 28. 

The  nays  were: 

Messrs.  Bailey,  Baker,  Bell,  Brady,  Brighton,  Byington, 
Chapman,  Clark,  Cook,  Cornwall,  Edwards,  Evans,  Pinch,  Fra- 
zee,  Frink,  Funk,  Gamer,  Good,  Gurley,  Haugen,  Hanger, 
Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hunt,  Huntley,  Jay, 
Johnson  of  Webster,  Johnston  of  Franklin,  Klemme,  Lambert, 
Lowry,  McAchran,  Manahan,  Marti,  Merriam,  Morrison  of 
Keokuk,  Mullin,  Nolan,  Parker,  Perrott,  Porter,  Power,  Prentis, 
Bay,  Reed,  Scott,  Spaulding,  Sullivan,  Thompson,  VanHouten, 
Watters,  Wells,  Wheeler,  Whelan,  Whittier,  Wilson— 58. 

Absent  or  not  voting: 

Messrs.  Bowen,  Hinman,  Lavender,  McArthur,  McDonald, 
McNulty,  Martin,  Mayne,  Miller  of  Cherokee,  Potter,  St.  John, 
Voelker,  Weaver — 13. 

So  the  motion  was  lost. 


60  JOURNAL  OF  THE  HOUSE.  [Jan.  23, 

Mr.  Temple  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  '*  Shall  the  biJl  pass?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Brady,  Brant,  Brighton, 
Brinton«  Byington,  Chapman,  Clark,  Classen,  Cook,  Corawall, 
Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Finch,  Frazee,  Frink,  Funk,  Garner,  Good,  Griswold,  Grote, 
Gurley,Haugen,  Hanger,  Hayes,  Hazen,Hendershot,  Hinkhouse, 
Hunt,  Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Johnston 
of  Franklin,  Klemme,  LKld,  Lambert,  Libuder,  Loomis,  Lowry, 
McAchran,  McDowell,  Manahan,  Marti,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perifott,  Porter, 
Power,  Prentis,  Putnam,  Bay,  Beed,  Scott,  Smith,  Spaulding, 
Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten,  Watters, 
Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson,  Wood, 
Mr.  Speaker — 85. 

The  nays  were: 

Messrs.  Bird  and  McQuin — 2. 

The  absent  or  not  voting: 

Messrs.  Bowen,  Hinman,  Lavender,  McArthur,  McDonald, 
McNulty,  Martin,  Mayne,  Miller  of  Cherokee,  Potter,  St. 
John,  Voelker,  Weaver — 13. 

So  the  bill  passed  and  title,  when  amended,  was  agreed  to. 

MESSAGES  FROM  THE  SENATE. 

The  following  messages  were  received  from  the  Senate : 

Mr.  Spbakbb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  followin^r  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked  : 

Relative  to  copies  of  House    and    Senate    Journals    for    the  use  of 

members. 

6.  A.  Newman, 

Secretary. 
Also: 

Mr.  Speaker — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  concurrent  resolution  in  which  the  con- 
currence  of  the  House  is  asked: 

In  relation  to  appointment  of  committee  to  visit  the  Institution  for 
Feeble  Minded  at  Glen  wood.  G.  A.  Newman, 

Secretory, 

The  House  here  took  up  for  consideration  House  file  No.  28, 
a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in 
relation  to  the  settlement  and  support  of  the  poor,  with  report 
of  committee  recommending  passage  when  amended. 


1897.]  JOURNAL  OP  THE  HOUSE.  61 

The  report  of  the  committee  adopted. 

Mr.  Hauger  moved  that  the  bill  be  read  section  by  section 
for  information  and  amendments. 

Carried . 

The  clerk  read  the  bill. 

Mr.  Frink  moved  to  strike  out  the  words  ''one  and  one-half 
mills"  in  liae  4,  section  82,  and  insert  in  lieu  thereof  the  words 
**one  mill." 

Carried. 

Mr.  Temple  moved  to  amend  section  20  by  iosertiDg  in  line 
4  after  the  word  **treasury"the  following:  **butif  the  board 
shall  diminish  or  reject  claims  or  bills  for  care  and  support 
actually  furnished  the  holder  of  such  claim  or  bill,  may  within 
twenty  days  appeal  from  the  order  of  the  board  to  the  district 
court." 

Adopted. 

Mr.  Griswold  moved  to  amend  section  IB,  line  8,  by  inserting 
between  *'  city  "  and  **  is  "  the  words  **  or  incorporated  towns." 
Also  in  line  5  the  same  words  between  the  words  ''city"  and 
••or." 

Lost. 

Mr.   Lauder  moved  to  amend  section  13  by  striking  out 
the  word  ''fifteen"  in  line  3  and  inserting  the  word  "thirty." 
Lost. 

Mr.  Brighton  moved  to  amend  by  striking   out  the  word 
••two"  in  line  5,  section  8,  and  inserting  the  word  ••five." 
Lost. 

.Mr.  Allen  moved  to  amend  by  striking  out  in  line  2,  section 
16,  the  words,  ''when  they  can  and  prefer  to  be  relieved  to  the 
extent  above  provided,"  and  inserting  in  lieu  thereof  the  words, 
•'against  their  objections." 

Lost. 

Mr.  Finch  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  "Shall  the  bill  pass?"  the  yeas  were: 
Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bow  en,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen, 
Cook,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Gamer,  Good,  Griswold, 
Grote,  Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hendershot, 


62  JOURNAL  OF  THE  HOUSE.  [Jan.  23, 

Hinkhouse,  Huntley,  Jackson,  Jay,  Johnson  of  Webster,  John- 
ston of  Franklin,  Kiemme,  Ladd,  Lambert,  Lauder,  Loomis, 
Lowry,  McAchran,  McDowell,  McQuin,  Manahan,  Marti, 
Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison 
of  Grundy,  Morrison  of  Eeokuk,  Mullin,  Nietert,  Nolan, 
Parker,  Perrott,  Porter,  Power,  Prentis,  Putnam,  Ray,  Reed, 
Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Temple,  Thomp- 
son, TibbittB,  Van  Houten,  Watters,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 86. 

The  nays  were; 

None. 

Absent  or  not  voting: 

Messrs.  Cornwall,  Hinman,  Hunt,  Lavender,  McArthur, 
McDonald,  McNulty,  Martin,  Mayne,  Miller  of  Cherokee,  Pot- 
ter, Voelker,  Weaver — 18. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  following  motion  to  reconsider  was  filed 

Mb.  Speaker — I  move  to  reconsider  the  vote  by  which  House  file  No.  28 
passed  the  House. 

David  Brant. 

I  second  the  motion. 

R.  T.  St.  John. 

Mr.  Finch  offered  the  following  resolution,  which  was  laid 
over  under  Rule  84  : 

Resolved  by  the  House^  the  Senate  concurring.  That  a  committee  of  five, 
three  from  the  House  and  two  from  the  Senate,  be  appointed  by  the  pre- 
siding officers  of  each  house,  to  designate  where  the  laws  of  the  Twenty- 
sixth  General  Assembly  of  a  general  nature  be  incorporated  in  the. new 
Code. 

Mr.  Cornwall  excused  till  Tuesday. 

Mr.  Lauder  excused  till  Monday  on  account  of  sickness. 

Mr.  Miller  of  Warren,  excused  until  Monday  2  p.  M. 

Mr.  Ladd  moved  to  adjourn  till  10  a.  m.  Monday. 

Mr.  Merriam  moved  to  amend  by  making  it'  2  P.  M.  to-day. 

Amendment  lost. 

Motion  of  Mr.  Ladd  carried. 

House  adjourned. 


1897.]  JOURNAL  OF  THE  HOUSE.  63 


Hall  of  the  House  op  Representatives,      ) 
Des  Moines,  Iowa,  Monday,  January  25,  1897.  ) 

The  House  met  at  10  a.  m.  with  Speaker  Byers  in  the  chair. 

Prayer  was  offered  by  Rev.  H.  T.  Dudley. 

The  Journal  of  Saturday  was  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

MeEsrs.  Davis,  Baker,  Hinman,  Miller  of  Beuna  Vista,  Gar- 
ner, Dowell,  Klemme  and  Bird  presented  remonstrances  of 
citizens  of  their  respective  counties  against  a  manufacturing 
bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Potter  presented  remonstrance  of  physicians  of  Pot- 
tawattamie county  against  any  bill  'legalizing  the  practice  of 
osteopathy"  in  the  State  of  Iowa. 

Referred  to  Committee  on  Public  Health. 

Mr.  Watters  presented  memorial  of  the  Society  of  Friends 
at  Marietta,  Iowa,  against  a  manufacturing  bill. 
Referred  to  Committee  on  Domestic  Manufactures. 

REPORTS  OF    COMMITTEES. 

Mr.  Finch,  from  the  Committee  on  Code  Revision  Division 
No.  3,  submitted  the  following  report: 

Mr.  Speaker — Your  Committee  on  Code  Revision  Division  No.  3,  to 
whom  was  referred  House  file  No.  33,  a  bill  for  an  act  to  revise,  amend  and 
codif  J  the  statutes  in  relation  to  intoxicating  liquors,  heg  leave  to  report 
that  the  Committee  on  Suppression  of  Intemperance  has  demanded  said 
bill  and  the  same  has  been  transferred  to  said  committee. 

P.  Finch, 
Chairman, 

So  ordered. 

Mr.  Allen,  from  the  Second  Division  of  the  Committee  on 
Code  Revision,  submitted  the  following  report: 

Mr.  Speakkb — Your  Second  Division  of  the  Committee  on  Code  Revis- 
ion, to  whom  was  referred  House  file  No  11,  a  bUl  for  an  act  to  revise 


64  JOURNAL  OP  THE  HOUSE.  [Jan.  25, 

amend  and  codify  the  statutes  in  relation  to  county  and  township  ^orern- 
ment,  heg  leave  to  report  that  they  hay«  been  requested  by  the  Committee 
on  County  and  Township  Organization  to  report  the  same  back  to  the 
House  with  the  recommendation  that  the  same  be  referred  to  such  Com- 
mittee on  County  and  Township  Organization. 

W.  S.  Allev, 

Chairman, 

So  ordered. 

The  House  here  took  up  for  consideration  House  file  No.  9,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  the  executive  department,  with  the  report  of  the  committee 
recommending  passage  with  amendments. 

The  report  of  the  committee  was  iadopted. 

Mr.  Morrison  of  Grundy  moved  to  amend  by  inserting  in 
chapter  7,  section  1,  line  8,  after  the  words  ' 'Secretary,"  the 
words  ** Attorney  General." 

Messrs.  McDowell  and  Klemme  demanded  the  yeas  and  nays 
on  this  amendment,  which  resulted  as  follows: 

On  the  question,  ''Shall  the  amendment  be  adopted?"  the 
yeas  were: 

Messrs.  Bailey,  Gurley,  Loomis,  Morrison  of  Grundy, 
Parker,  Spaulding,  VanHouten,  Watters— 8. 

The  nays  were: 

Messrs.  Allen,  Baker,  Bell,  Bird,  Bo  wen,  Brady,  Byington, 
Chapman,  Clark,  Classen,  Cook,  Crow,  Davis,  Doubleday, 
D-Jwell,  Early,  Edwards,  Evans,  Finch,  Frazee,  Frink,  Garner, 
Good,  Grote,  Haugen,  Hanger,  Hinkhouse,  Hinman,  Hunt, 
Huntley,  Jackson,  Jay,  Johnston  of  Franklin,  Elemme,  Lam- 
bert, Lowry,  McAchran,  McDowell,  McNulty,  Marti,  Martin^ 
Merriam,  Miller  of  Buena  Vista,  Morrison  of  Eeokuk,  Mullin, 
Nietert,  Nolan,  Perrott,  Porter,  Potter,  Prentis,  Putnam,  Ray^ 
Reed,  Scott,  Smith,  St.  John,  Sullivan,  Thompson,  Tibbitts,^ 
Vuelker,  Wheeler,  Whelcm,  Williams,  Mr.  Speaker — 65. 

Absent  or  not  voting : 

Messrs.  Brandt,  Brighton,  Brinton,  Cornwall,  Funk,  Gris- 
wold,  Hayes,  Hazen,  Hendershot,  Johnson  of  Webster,  Ladd, 
Lauder,  Lavender,  Mc Arthur,  McDonald,  McQuin,  Manahan, 
Mayne,  Miller  of  Cherokee,  Miller  of  Warren,  Power,  Temple, 
Weaver,  Wells,  Whittier,  Wilson,  Wood— 27. 

So  the  amendment  was  lost. 

Mr.  Merriam  moved  to  amend  chapter  4,  section  4,  line  2, 
by  striking  out  the  word  "issuance"  and  inserting  in  lieu 
thereof  the  word  *  'presentation. " 


1897.]  JOURNAL  OF  THE  HOUSE.  65 

Mr.  Hauger  moved  to  amend  the  amendment  by  striking  out 
the  words  "and  only  in  the  order  of  their  issuance." 

The  amendment  of  Mr.  Hauger  lost. 

The  amendment  of  Mr.  Merriam  adopted. 

Upon  motion  of  Mr.  Haugen  the  Clerk  read  the  bill  section 
by  section  for  information  and  amendments. 

Mr.  Lambert  in  the  chair. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Speakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked: 

Relative  to  the  adoption  of  a  common  plan  for  the  consideration  ol  vode 
work. 

Be  it  resolved  hy  the  Senate^  the  Hovse  concurring,  That  the  joint  committee 
heretofore  appointed  to  consider  the  consideration  of  Code  work  report  to 
each  House  a  common  plan  for  adoption  of  titles  and  chapters  of  the  pro- 
posed Code. 

Geo.  a.  Newmak, 
Seoretary. 

Speaker  Byers  in  the  Chair. 

Upon  motion  of  Mr.  Allen  the  Senate  concurrent  resolution 
just  received  was  taken  up  and  adopted. 

Mr.  Martin  moved  to  amend  the  bill  under  consideration  by 
striking  out  of  Title  II,  chapter  2,  section  20,  line  2,  the  word 
*'five"  as  reported  by  the  committee,  after  the  words  "notaries 
public,"  and  inserting  the  words  "one  dollar  and  twenty-five 
cents. " 

On  a  division  of  the  House  the  amendment  was  adopted  by  a 
vote  of  36  jeas  to  32  nays. 

Mr.  McQain  was  granted  indefinite  leave  of  absence  on 
account  of  sickness. 

Mr.  Finch  called  up  his  concurrent  resolution  relative  to 
appointing  a  committee  to  designate  where  the  laws  of  the 
Twenty-sixth  Greneral  Assembly  of  a  general  nature  be  incor- 
porated in  the  new  Code  and  moved  its  adoption. 

Adopted. 

On  motion  of  Mr.  Byington  the  House  adjourned  till  9:30 
a.  m.  to-morrow. 


66  JOURNAL  OF  THE  HOUSE.  [Jan.  26, 


Hall  of  the  House  of  Rkpbksbntatiybs,      ) 
Deb  Moucbs,  Iowa,  Tuesday,  January  26,  1897.  ) 

The  House  Ti^as  called  to  order  at  9:30  a.  m.^  with  Speaker 
Byers  in  the  chair. 

Prayer  was  offered  by  the  Rev.  Dr.  Crum  of  Webster  City. 

The  Journal  of  yesterday  was  read  and  approved. 

The  House  here  took  up  for  consideration  the  pending  meas- 
ure, House  file  No.  9,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  Executive  department. 

Mr.  Hauger  moved  to  amend  by  striking  out  after  the  word 
''auditor"  in  chapter  4,  page  24,  section  4,  of  the  proposed 
revision  of  the  Code,  in  the  first  and  second  lines,  up  to  and 
including  the  word  '^issuance"  in  said  section  4,  and  add,  ''and 
in  case  there  are  not  funds  sufficient  to  pay  all  warrants  when 
presented,  he  shall  pay  so  far  as  practicable  in  the  order  in 
which  they  are  presented." 

Lost. 

Mr.  Loomis  moved  that  the  vote  by  which  the  amendment 
to  section  20  was  adopted  yesterday  be  reconsidered. 

Mr.  Hinman  seconded  the  motion. 

Carried. 

The  question  now  before  the  House  is  to  strike  out  of  chap- 
ter 2,  section  20,  line  2  the  word  ''five,"  as  reported  by  the  com- 
mittee, after  the  words  "notaries  public,"  and  insert  the 
words  "one  dollar  and  twenty -five  cents." 

Mr.  Early  moved  to  amend  the  amendment  by  striking  out 
words  "one  dollar  and  twenty -five  cents"  and  inserting  the 
words  "three  dollars." 

Lost. 

The  original  amendment  was  then  lost. 

Mr.  Gamer  moved  to  amend  section  22,  page  21  by  inserting 
after  the  word  "deputy,"  in  the  first  line,  the  following:  "for 
whose  acts  he  shall  be  responsible  and  for  whom  he  shall 
require  bonds;"  also  'insert  after  the  word  "appointment"  the 
words  "and  bond." 


1897.]  JOURNAL  OP  THE  HOUSE.  67 

On  a  division  of  the  House  the  amendment  was  adopted  by  a 
vote  of  46  yeas  to  29  nays. 

Mr.  Garner  moved  to  amend  section  11,  chapter  2,  line  1,  by 
inserting  after  the  word  **deputy"  the  words  **for  whose  acts 
he  shall  be  responsible  and  from  whom  he  shall  require  bond;" 
also  insert  after  the  word  ^'appointment"  **the  bond." 

Adopted. 

Mr.  Fmch  asked  to  be  recorded  as  voting  ''no"  on  the  above 
amendment  and  offered  the  following  explanation  of  his  vote: 

Mb.  Speaksb — I  vote  no  because  a  bond  is  provided  for  on  page  225, 
section  7,  and  page  226,  section  10. 

P.  Finch. 

Mr.  Gamer  moved  to  amend  section  16,  chapter  4,  by  insert- 
ing after  the  word  "deputy,"  in  line  2,  the  words  "for  whose 
acts  he  shall  be  responsible  and  from  whom  he  shall  require 
bond;"  also  after  the  word  "appointment"  the  words  "cuid 
bond." 

Adopted. 

Mr.  Temple  moved  to  amend  title  by  striking  out  the  words 
"printing  and  binding;"  also  that  chapter  6  be  numbered  chap- 
ter 5,  and  chapter  7  be  numbered  6,  that  chapter  8  be  num- 
bered chapter  7,  and  chapter  9  be  numbered  chapter  8. 

Adopted. 

Mr.  Haugen  moved  to  amend  section  11,  line  2,  by  atriking 
out  the  words  "city  of  Des  Moines"  and  inserting  the  word 
"state." 

Lost. 

Mr.  Watters  moved  to  amend  section  8  by  striking  out  in  line 
5  after  the  word  "reward"  the  words  "shall  be  indicted"  and 
insert  the  same  words  in  line  6  after  the  word  "earned." 

Lost. 

Mr.  Funk  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen, 
Cook,  Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early, 
Edwards,  Evans,  Finch,  Frazee,  Frink,  Funk,  Garner,  Gk)od, 
Griswold,  Grote,  Gurley,  Hauger,  Hazen,  Hendershot,  Hink- 
house,  Hinman,  Hunt,  Huntley,  Jackson,  Johnson  of  Webster, 


68  JOURNAL  OF  THE  HOUSE.  Jan.  26, 

Johnston  of  Franklin,  Klemme,  Ladd,  Lambert,  Lauder,  Laven- 
der, Loomis,  Lowry,  McAchran,  McDonald,  McDowell,  Marti, 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of  War- 
ren, Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Ray,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan, 
Temple,  Thompson,  Tibbitts,  Van  Houten,  Voelker,  Watters, 
Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Wood,  Mr.  Speaker — 92. 

Mr.  Haugen  voted  in  the  negative. 

Absent  or  not  voting; 

Messrs.  Hayes,  Jay,  McArthur,  McNulty,  McQuin,  Manahan, 
Miller  of  Cherokee — 7. 

REPORTS  OF  COMMITTEES. 

Mr.  Brinton,  from  the  Committee  on  Code  Revision,  Fourth 
Division,  submitted  the  following  report: 

Mb.  Spbakbb — Your  Committee  on  Code  Revision,  Fourth  Division,  to 
-whom  was  referred  House  file  No.  51,  a  bill  for  an  act  to  revise,  amend  and 
•codify  the  statutes  in  relation  to  the  State  University,  beg  leave  to  report 
that  they  have  had  the  same  under  consideration  and  have  instructed  me 
to  report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass,  with  the  following  amendment: 

Page  537,  section  2,  line  11,  strike  out  aU  after  the  word  **by,"  and 
insert  the  words,  *^and  filed  with  the  Secretary  of  State." 

M.  H.  Bbikton, 

CTuBimuxn. 

Ordered  passed  on  file. 
Also: 

Mb.  Speakeb — Your  committee  on  Code  Revision,  Fourth  Division,  to 
whom  was  referred  House  file  No.  13,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  elections  and  officers,  beg  leave  to 
report  that  the  Committee  on  Elections  has  demanded  said  bill  and  the 
«Bme  has  been  transferred  to  said  committee. 

M.  H.  Bbikton, 

Chairman. 

So  ordered. 
Also: 

Mr.  Speakbb — Your  Committee  on  Code  Revision  Fourth  Division,  to 
whom  was  referred  House  file  No.  54,  a  bill  for  an  act  to  revise,  amend  and 
•codify  the  statutes  in  relation  to  the  Orphans'  Home  and  Home  for 
Destitute  Children,  bec^  leave  to  report  that  they  have  had  the  same  under 
consideration  and  have  instructed  me  to  report  the  same  back  to  the  House 
with  the  recommendation  that  the  same  do  pass  with  the  f oUowing  amend- 
ment: 


1897.]  JOURNAL  OP  THE  HOUSE.  69 

Page  546,  section  1,  line  2,  after  the  word  "trustees*'  insert  '*on«  of 

whom  shall  be  a  woman.  ** 

M.  H.  Bbinton, 

CTiairmafU 

Ordered  passed  on  file. 
Also: 

Mb.  Spbakbb — Your  committee  on  Code  Revision,  Fourth  Division,  to 
whom  was  referred  House  file  No.  53,  a  bill  for  an  act  to  revise  amend 
and  codify  the  statutes  in  relation  to  the  normal  schools,  beg*  leave  to 
report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommend- 
ation that  the  same  do  pass  with  the  following  amendments: 

Fage  545,  section  2,  lines  9  and  10,  strike  out  the  words  "if  necessary 
for  the  proper  support  of  the  institution." 

Page  546,  section  7,  line  2,  strike  out  the  word  "one"  and  insert  th« 

word  "three." 

M.  H.  Bbinton, 

Clhoirman, 

Ordered  passed  on  file. 

Mr.  Allen,  from  the  Committee  on  Code  Revision  Second 
Division,  submitted  the  following  report: 

Mb.  Spbakbb — Your  Committee  on  Code  Revision  Second  Division,  to 
whom  was  referred  House  file  No.  22,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  taking  private  property  for  works  of 
internal  improvement,  beg  leave  to  report  that  they  have  had  the  same 
under  consideration  and  have  instructed  me  to  report  the  same  back  to  the 
House  with  the  recommendation  that  the  same  do  pass  with  the  following^ 
amendments: 

In  line  2,  section  20,  insert  the  word  *^two"  before  the  Word  * 'fre- 
quently. " 

In  line  5,  section  26,  strike  out  the  words  ''to  any  person  injured." 

In  line  3,  section  32,  strike  out  the  word  "electric"  and  insert  the  word 
"other"  in  lieu  thereof.  W.  S.  Allbn, 

CTuiinTiaTi. 

Ordered  passed  on  file. 

Report  of  Committee  on  Plan  to  Divide  the  Code: 

Mb.  Spbakbb — Your  committee  appointed  as  a  joint  committee  with  a. 
simUar  one  of  the  Senate,  to  devise  a  plan  for  the  division  of  the  pro- 
posed Code  into  bills,  and  to  whom  has  been  referred  concurrent  resolu- 
tion to  report  with  respect  to  the  retention  in  the  bills  of  the  chapters, 
titles,  etc.,  beg  leave  to  report  that  said  joint  committee  has  taken  the 
matter  under  consideration,  and  has  instructed  me  to  report  the  follow- 
ing, viz.: 

Retain  all  chapters  and  chapter  numbers,  together  with  the  statement 
of  the  subject  of  the  chapter  in  each  bill  wherever  they  occur. 

Insert  in  parentheses  after  each  chapter  the  words  '*of  title "  (filling 

in  the  blank  with  the  appropriate  number  of  the  title  as  found  in  proposed 
Code). 


70  JOURNAL  OF  THE  HOUSE.  Jan,  26, 

Strike  out  all  marginal  numbers  and  references  at  end  of  sections  to 
McGlain's  Code,  Acts  of  the  General  Assembly. 

Respectfully  submitted, 

W.  S.  Allkn, 

Chairman. 

Mr.  Funk  in  the  chair. 

Mr.  Allen  moved  that  report  of  committee  be  adopted. 
Carried. 

Mr.  Weaver,  from  the  Fifth  Division  Code  Revision  Com- 
mittee, submitted  the  following  report: 

Mb.  Speakkb — Your  Fifth  Division  Code  Revision  Committee,  to  whom 
was  referred  House  file  No.  14,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  relative  to  the  revenue,  beg-  leave  to  report  that  at  the  request 
of  ths  Committee  on  Ways  and  Means  the  same  has  been  transferred  to  said 
Committee  for  their  consideration. 

H.  ().  Wkavrr, 
Chairman, 

So  ordered. 
Also: 

Mb.  Speaker — Your  Fifth  Division  Code  Revision  Committee,  to  whom 
was  referrtd  House  file  No.  15,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  roads,  bridges  and  ferries  beg-  leave  to 
report  that  at  the  request  of  the  Committee  on  Roads  and  Highways  the 
•ame  has  been  referred  to  such  committee  for  their  consideration. 

H.  O.  Weaver, 

CTMiimwin, 

So  ordered. 

PETITIONS   AND    MEMORIALS. 

Messrs.  Brighton,  Hinman  and  Johnston  of  Franklin,  pre- 
sented remonstrances  of  citizens  of  their  respective  counties 
Against  a  manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Hazen  and  Power  presented  petition  of  citizens  of 
Lee  county,  asking  the  enactment  of  a  law  whereby  railroads 
shall  issue  thousand  mile  books  at  a  2-cent  rate  without  rebate 
and  which  shall  be  interchangeable. 

Referred  to  Committee  on  Railroads  and  Commorce. 

Mr.  Byers  in  the  chair. 

Mr.  Temple  moved  that  the  House  adjourn  till  9  a.  m. 
to-morrow. 

Carried, 
he  House  adjourned. 


1897.]  JOURNAL  OF  THE  HOUSE.  71 


Hall  of  the  House  of  Repbesbktatiyes.       ) 
Des  Moines,  Iowa,  Wednesday  January  27,  1897.  f 

House  met  at  9  a.  m.  ,  Speaker  Byers  in  the  chair. 
Prayer  by  Rev.  Miss  Safford,  of  Sioux  City. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Lauder,  Watters  and  Bird  presented  remonstrances  of 
citizens  of  their  respective  counties  against  the  passage  of 
manufacturing  bilL 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Speaker  presented  petition  of  citizens  of  Marathon, 
Iowa,  for  a  law  to  secure  depositors  in  banks  against  loss. 

Referred  to  Committee  on  Banks  and  Banking. 

REPORTS  OF   COMMITTEES. 

Mr.  Finch,  from  the  Committee  on  Code  Revision,  Division 
No.  8,  submitted  the  following  report: 

Mb.  Speakxb — Your  committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  32,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  relating  to  lost  goods,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  [the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass. 

P.  Finch, 

Chairman, 

Ordered  passed  on  file. 
Also: 

Mb.  Spbakbb — Your  Committee  on  Code  Revision  Division  No.  3,  to  whom 
was  referred  House  file  No.  36,  a  bill  for  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  domestic  animals,  beg  leave  to  report  that  they 
have  bad  the  same  under  consideration  and  have  instructed  me  to  report 
the  same  back  to  the  House  with  the  recommendation  that  the  same  be 
amended  as  follows: 

Page  458,  section  3,  line  3,  between  the  words  * 'reside*'  and  **and," 
insert  *'or  in  which  he  occupies  or  uses  real  estate." 

Page  458,  section  2,  line  3,  between  **county"  and  *^who,"  insert  "where 
taken.*' 


72  JOURNAL  OP  THE  HOUSE.  [Jan.  27, 

Pagfe  458,  Bection  2,  line  6,  strike  out  *'may**  and  insert  **8hall." 

Page  460,  section  8,  line  13,  between  **court  and  **five,"  insert  "within." 

Page  461,  section  14,  strike  out  all  of  section  14  after  the  word  *'connty," 

in  line  2. 

Page  461,  strike  ont  all  of  sections  16  and  17. 

Page  465,  section  41,  line  12,  between  ''up"  and  **one,"  insert  '*a8  an 

estray." 

Page  465,  section  41,  line  12,  strike  out  the  words  **taking  up." 

Page  465,  section  41,  line  17,  strike  out  the  word  **public,"  and  when 

so  amended  the  same  do  pass.  P.  Finch, 

Chairman. 

Ordered  passed  on  file. 
Also: 

Mb.  Spbakkb — Your  Committee  on  Code  Revision,  Dirision  No.  3,  to 
whom  was  referred  House  file  No.  29,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  relating  to  the  care  of  the  insane,  beg  leave  to  report 
that  they  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  amended  as  follows,  and  when  so  amended  that  the  same  do  pass: 

Page  443,  section  1,  line  4,  strike  out  ''six"  and  insert  **five." 

Page  444,  section  2,  line  3,  strike  out  the  words  '*one  treasurer"  and 
insert  ''shall  elect  a  treasurer  who  shall  not  be  a  member  of  said  board, 
and  who  shall  reside  at  the  place  where  the  hospital  is  located.*' 

Page  444,  section  2,  line  4,  strike  out  "and"  between  the  words  "quali* 
fled"  and  "hold,"  and  insert  "said  board  shall." 

Page  444,  section  5,  line  7,  between  "quarterly"  and  "for"  insert  "at  the 
•nd  of  each  quarter." 

Page  444,  section  5,  line  8,  strike  out  "sixteen"  and  insert   "fourteen.** 

Page  445,  section  6,  line  6,  strike  out  "he  may  think"  and  insert  "may 
be;"  also  add  to  said  section  6  the  following:     "He  shall  keep  a  book  in 
which  shall  be  entered  all  moneys  or  supplies  received  for  account  of  any 
patient,  and  a  detailed  account  of  the  disposition  of  the  same." 

Page  445,  section  8,  line  1,  strike  out  the  words  "medical  men.'* 

Page  445,  section  9,  line  1,  between  "insanity**  and  "consisting"  insert 
the  following:  "And  in  counties  having  two  places  where  the  district 
court  is  held,  there  shall  be  one  of  such  board  of  eommissioners  at  each 
place.'*      Chapter  53,  26  G.  A. 

Page  445,  section  9,  line  2,  between  the  words  "court**  and  "who**  insert 
"or  his  deputy.** 

Page  453,  section  39,  line  2,  strike  out) "sixteen**  and  insert  "fourteen.** 

Page  454,  section  45,  add  to  section  45  the  following:  "Provided  that 
the  estates  of  all  insane  or  idiotic  persons  and  all  persons  legally  bound 
for  the  support  of  such  persons  who  may  be  treated  in  any  county  asylum 
or  poor  house,  other  than  at  or  in  either  of  the  State  Hospitals  for  the 
Insane  within  the  state,  shall  be  liable  to  the  county  furnishing  such  treat- 
ment, sustenance  or  supplies  for  the  value  thereof,  which  value  shall  be 
determined  in  the  first  instance  by  the  board  of  supervisors.** 

Page  455,  section 48,  line  3,  strike  out  "or  she.** 

Page  455,  section  50,  strike  out  all  of  section  50  after  the  word  "him,**  in 
line  5,  and  insert  the  following:     "But  such  letters  written  to  the  person 


1897.]  JOURNAL  OP  THE  HOUSE.  75 

lo  confined  may  be  examined  by  the  Superintendent,  and  if  in  bis  opinion 
the  delivery  of  snch  letters  would  be  injurious  to  the  person  so  confined, 
h«  shall  return  the  letters  to  the  writer  with  his  reasons  for  not  deliyering' 
it" 

Ttkge  456,  section  55,  line  13,  before  the  first  word  "to"  insert  **as  pro- 
vided herein." 

Page  457,  section  57,  line  8,  between  **way"  and  '^witnesses"  insert: 
"But  if  such  examining  physician  be  a  member  of  the  Board  of  Commis- 
sioners he  shall  be  entitled  to  no  other  fee  than  the  pay  as  such  commis- 
sioner." 

P.  Finch, 
Chairman. 

Ordered  passed  on  file. 

Mr.  Reed,  from  the  Committee  on  School  and  Text  Books^ 
submitted  the  following  report: 

Mb.  Spkakkb — Your  Committee  on  Sohool  and  Text  Books,  to  whom 
was  referred  House  file  No.  49  ( it  being  Chapter  1,  Title  13 ),  a  bill  for  an 
act  to  reTise,  amend  and  codify  the  statutes  in  relation  to  Superintendent  of 
Public  Instruction,  beg  leave  to  report  that  they  have  had  the  same  under 
consideration  and  have  instructed  me  to  report  the  same  back  to  the  House 
'with  the  recommendation  that  the  same  do  pass  with  the  following 
amendment. 

A.mend  section  6  by  striking  out  the  word  **fifty"  and  substitute  the 
words  **one  hundred."  J.  F.  Reed, 

Chairman, 

Ordered  passed  on  file. 

Mr.  Allen,  from  the  Committee  on  Code  Bevision  Second 
Division,  submitted  the  following  report: 

Mb.  Speaker — Your  Committee  on  Code  Revision  Second  Division,  to 

whom  was  referred  House  file  No.  23,  a  bill  for  an  act  to  revise,  amend  and 

codify  the  statutes  in  relation  to  the  construction  and  operation  of  railways, 

beg  leave  to  report  that  they  have  been  requested  by  the  Committee  on 

Railroads  and  Commerce  to  report  the  same  back  to  the  House  with  the 

recommendation  that  the  same  be  referred  to  such  Committee  on  Railroads 

and  Commerce. 

W,  S.  Allen, 

Chairma'iu 

So  ordered. 

Mr.  Bay  submitted  the  following  report: 

Mb.  Speaker — Your  committee  to  investigate  the  needs  of  this  House 
as  to  the  number  of  employes,  would  respectfully  report  as  follows: 

FirsL  — That  for  the  extra  session  the  same  committees  be  allowed  clerks 
as  at  the  regular  session,  except  the  Committees  on  Animal  Industry  and 
College  for  the  Blind.  That  the  Committee-on  Animal  Industry  be  grouped 
wtih  the  Committee  on  Penitentiaries;  the  Committee  on  Representative 
Districts  with  the  Committee  on  Public  Health;  the  Committee  on  Institu- 
tiom  for  Feeble  Minded  with  Committee  on  Police  Regulations;  the  Commit- 
tee OD  Institution  for  Deaf  and  Dumb  and  Committee  on  College  for  th» 


74  JOURNAL  OF  THE  HOUSE.  [Jan.  27, 

Blind  with  the  Committee  on  Public  Charities;  the  Committee  on  Compen- 
sation of  Public  Officers  with  Committee  on  Agriculture. 

Second. — That  the  clerk  of  any  committee  shall  also  be  a  clerk  for  the 
individual  members  of  that  committee. 

TMrd. — That  the  committee  clerks  of  the  House  may  be  assigned  work 
by  the  Chief  Clerk  when  not  employed  in  the  duties  of  their  respective  com- 
mittees or  the  members  thereof. 

Fourth. — That  within  two  days  from  the  adoption  of  this  report  the 
Clerk  of  the  House  shall  place  upon  the  House  Journal  the  name  of  each 
clerk,  the  name  of  the  committee  to  which  he  is  assigned,  and  the  date  on 
which  he  appeared  in  the  House  and  was  sworn  in. 

Fifth, — On  each  day  on  which  the  Legislature  convenes  each  clerk  shall 
report  at  the  hour  of  convening  to  the  Second  Assistant  Clerk,  and  the 
names  of  the  absentees  shall  be  noted  by  said  Second  Assistant  in  the 
Journal  of  the  .proceedings  for  the  day,  and  no  clerk  shall  draw  pay  for 
days  absent  unless  excused  by  the  Speaker. 

Siocth. — That  each  chairman  is  hereby  instructed  to  discharge  his  clerk 
when  the  work  of  his  committee  has  been  completed,  and  that  the  name 
of  each  clerk  thus  dismissed  be  entered  on  the  Journal  of  even  date,  with 
reasons  for  dismissal. 

(Signed)  W.  G.  Ray, 

M.  L.  Temple, 

J.  J.  LOWRY, 

Fbank  F.  Mebriam, 
J.  B.  Classen, 
J.  T.  Jay, 
M.  K.  Whblan. 

Adopted. 

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

Resolved  hy  the  Houae^  the  Senate  concurring^  That  the  Secretary  of  State 
be  and  is  hereby  authorized  to  supply  Walter  I.  Hayes  with  a  copy  of 
McClain^s  Annotated  Code,  together  with  supplement  thereto,  and  also 
with  copies  of  all  session  laws. 

Adopted. 

Journal  of  yesterday  corrected  and  approved. 

INTRODUCTION  OF  BILLS. 

By  Mr.  Temple,  House  file  No.  79,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  procedure  in 
courts  of  original  jursdiction. 

Bead  first  and  second  time  and  referred  to  Ck>mmittee  on 
Judiciary. 

By  Mr.  Cornwall,  House  file  No.  80,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  attachments, 
garnishments,  executions  and  supplementary  executions  and 
supplementary  proceedings. 


1897.]  JOURNAL  OP  THE  HOUSE.  75 

Bead  first  and  second  time  and  referred  to  Third  Division  of 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  81,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  procedure 
to  reverse,  vacate  or  modify  judgments. 

Read  first  and  second  time  and  referred  to  Third  Division 
Code  Revision  Committee. 

By  Mr.  Allen,  House  file  No.  82,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  proceeding  in 
particular  cases. 

Read  first  and  second  time  and  referred  to  Third  Division 
Code  Revision  Committee. 

By  Mr.  Funk,  House  file  No.  83,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  justices  of  the 
peace  and  other  courts. 

Read  first  and  second  time  and  referred  to  Fourth  Division 
Code  Revision  Committee. 

By  Mr.  Temple,  House  file  No.  84,  a  bill  for  an  act  to  revise, 
-  amend  and  codify  the  statutes  in  relation  to  evidence. 

Read  first  and  second  time  and  referred  to  Fourth  Division 
Code  Revision  Committee. 

By  Mr.  Cornwall,  House  file  No.  85,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relabion  to  crimes  and 
punishments. 

Read  first  and  second  time  and  referred  to  Fourth  Division 
Code  Revision  Committee. 

By  Mr.  Brighton,  House  file  No.  86,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  criminal 
procedure. 

Read  first  and  second  time  and  referred  to  Fifth  Division 
Code  Revision  Committee. 

By  Mr.  Allen,  House  file  No.  87,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  discipline  and 
government  of  jails  and  penitentiaries. 

Read  first  and  second  time  and  referred  to  Furst  Division 
Code  Revision  Committee. 

On  motion  of  Mr.  Allen,  House  file  No.  22,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  taking 
private  property  for  works  of  internal  improvement,  with 
report  of  committee  recommending  passage  with  amendments, 
was  taken  up,  considered,  and  the  report  of  the  committee 
adopted. 


76  JOURNAL  OP  THE  HOUSE.  [Jan.  27, 

Mr.  Porter  moved  to  insert  in  line  5,  section  26,  the  words, 
''to  any  person  injured,"  where  stricken  out  by  the  committee. 

Adopted. 

Mr.  Bvans  moved  to  amend  section  28  by  adding  the  words, 
'  'and  whose  gates  are  required  to  be  maintained  at  such  cross- 
ings the  person  or  corporations  owning  or  operating  said  rail- 
way shall  have  said  gates  on  hinges,  so  they  will  swing 
readily  and  freely,  and  on  failure  to  do  so  shall  be  guilty  of  a 
misdemeanor." 

Lost. 

Mr.  Allen  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

Mr.  Morrison  of  Keokuk  moved  that  the  bill  be  ordered  sent 
back  to  the  committee. 

Lost. 

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

Messrs.  Allen,  Bailey,  Biker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Clas- 
sen, Cook,  Cornwall,  Davis,  Doubleday,  Dowell,  Early, 
Edwards,  Evans,  Fmch,  Prazee,  Prink,  Punk,  Good,  Grote, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinman,  Hunt, 
Huntley,  Jackson,  Ladd,  Lambert,  Lauder,  Loomis,  Lowiy, 
McAchran,  McDonald,  McDowell,  Marti,  Mayne,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Mullin,  Meter t,  Parker,  Per- 
rott,  Porter,  Potter,  Prentis,  Beed,  Scott,  Smith,  Spaulding, 
St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Voelker, 
Watters,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Wood,  Mr.  Speaker — 75. 

The  nays  were: 

Messrs.  Crow,  Garner,  Griswold,  Johnson  of  Webster, 
Klemme,  Lavender,  Martin,  Merriam,  Morrison  of  Keokuk> 
Nolan,  Power,  Ray,  Van  Houten — 13. 

Absent  or  not  voting: 

Messrs.  Hayes,  HiDkhouse,  Jay,  Johnston  of  Franklin, 
McArthur,  McNulty,  McQuin,  Manahan,  Miller  of  Cherokee, 
Morrison  of  Grundy,  Putnam,  Weaver — 12. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  following  explanation  of  vote  was  filed: 

Mb.  Spbakbb — I  vote  **no"  on  the  passag'e  of  House  file  No.  22  for  the 
reason  that  section  32,  chapter  4,  permits  street  railways  to  be  operated  by 
other  power  than  animal  and  electric  power. 

W.  B.  Mabtik. 


1897.]  JOURNAL  OF  THE  HOUSE.  77 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Speakkb — I  am  directed  to  inform  yonr  honorable  body  that  the 
Henate  has  refused  to  concur  in  the  following  concurrent  resolution  in 
which  the  concurrence  of  the  House  is  asked: 

Relative  to  the  appointment  of  a  joint  committee  to  designate  where  the 
laws  of  the  Twenty-sixth  General  Assembly  shall  be  incorporated  in  the 
proposed  Code. 

G.  A.  NSWMAN, 

Secretary, 

On  motion  of  Mr.  Brinton,  House  file  No.  51,  a  bill  for  an 
act  to  revise,  amend  and  ccdify  the  statutes  in  relation  to  the 
State  University,  with  report  of  committee  recommending 
passage  with  amendments,  was  taken  up,  considered  and  the 
report  of  the  committee  adopted. 

Mr.  Morrison  of  Keokuk  moved  to  amend  by  striking  out  of 
section  6,  line  2,  the  word  ** young." 

On  a  division  of  the  House  the  amendment  was  adopted  by  a 
vote  of  51  yeas  to  82  nays. 

Mr.  Allen  moved  to  insert  the  word  ^ 'State"  in  line  1,  section 
1,  before  the  word  ^'University." 

Lost. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Finch,  Frazee,  Frink,  Funk,  Garner,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinman,  Hunt, 
Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Klemme,  .Ladd, 
Lambert,  Lavender,  Loomis,  Lowry,  McAchran,  McDonald, 
McDowell,  McNulty,  Marti,  Martin,  Mayne,  Merriam,  Miller 
of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter, 
Potter,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding, 
St.  John,  Sullivan,  Temple,  Thompson,  Van  Houten,  Voelker, 
Watters,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Wood,  Mr.  Speaker— 88. 

The  nays  were: 

None. 


78  JOURNAL  OP  THE  HOUSE;  [Jan.  27, 

Absent  or  not  voting: 

Messrs.  Baker,  Crow,  Hayes,  Hinkhouse,  Johnston  of  Frank- 
lin, Lauder,  McArthur,  McQuin,  Manahan,  Miller  of 
Cherokee,  Power,  Tibbitts,  Weaver — 12. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  House  here  took  up  for  consideration  Calendar  No.  3,  it 
being  House  file  No.  53,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  normal  school,  with  report 
of  committee  recommending  amendments,  and  when  so  amended 
that  the  same  do  pass. 

Mr.  Cornwall  moved  to  amend  the  first  committee  amend- 
ment by  striking  out  the  word  '  'may"  and  inserting  the  word 
''shall"  in  lieu  thereof;  also  insert  after  the  word  "and,"  in  the 
ninth  line,  the  words  '  'may  charge. " 

Lost. 

The  amendment  of  the  committee  was  lost. 

The  second  amendment  of  the  committee  was  then  put  and 
lost. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  thu*d  time  now,  whicbi 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Baker,  Bell,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brioton,  Byington,  Chapman,  Clark,  Classen,  Corn- 
wall, Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Pinch,  Frazee,  Prink,  Punk,  Garner,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinman,  Hun^, 
Hantley,  Jackson,  Jay,  Johnson  of  Webster,  Klemme,  Ladd, 
Lambert,  Lauder,  Lavender,  Loomis,  Lowry,  McAchran, 
McArthur,  McDonald,  McDowell,  McNulty,  Marti,  Martin, 
Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  Mallin,  Nietert, 
Nolan,  Barker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Bay,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan, 
Temple,  Thompson,  Tibbitts,  'Van  Houten,  Voelker,  Watters, 
Wells,  Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr. 
Speaker — 90. 

The  nays  were: 

None. 

The  absent  or  not  voting  were: 

Messrs.  Bailey,  Cook,  Hayes,  Hinkhouse,  Johnston  of 
Pranklin,  McQuin,  Manahan,  Miller  of  Cherokee,  Weaver, 
Wheeler— 10. 


I 


1897.]  JOURNAL  OF  THE  HOUSE.  79. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  4,  House  file  No.  54,  a  bill  for  an  act  to  revise^ 
amend  and  codify  the  statutes  in  relation  to  the  Orphans'  Home 
and  Home  for  Destitute  Children,  with  report  of  committee 
recommending  passage  with  amendments,  was  taken  up  and 
considered. 

The  amendment  of  the  committee  was  withdrawn  and  the 
report  was  adopted. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.   Allen,  Bailey,   Baker,  Ball,   Bird,  Bo  wen,  Brady, 
Brant,   Brighton,  Brinton,   Byington,   Chapman,  Clark,  Clas- 
sen, Cook,  Cornwall,  Crow,  Diivis,  Doublediy,  Dowell,  Eirly 
Edwards,  Evans,  Pmch,  Frazee,  Prink,  Punk.  Garner,  Good, 
Griswold,  Grote,  Gurley,    Haugen,  Hauger,  Hizen,  Hender- 
shot,  Hinman,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of  Web- 
ster,  Klemme,   Lambert,  Lauder,  Lavender,  Loomis,   Lowry 
McAchran,   McDonald,   McDowell,   McNulty,  Mirti,    Martin, 
Mayne,  Merriam,   Miller  of  Buena  Vista,   Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert, 
Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Ray,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan, 
Temple,  Thompson,  Tibbitts,  Van  H^u^ien,  Voelker,  Witters, 
Wells,  Wheeler.  Whelan,  Whittier,  Williams,  Wilson,  Wood, 
Mr.  Speaker — 91. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Hayes,  Hinkhouse,  Johnston  of  Franklin,  Ladd^ 
McArthur,  McQuin,  Manahan,  Miller  of  Cherokee,  Weaver — 10. 

So  the  bill  passed  and  title  was  agreed  to. 

REPORT  OF  COMMITTEE. 

Mr.  Brinton,  from  the  Committee  on  Code  Revision  Fourth 
Division,  submitted  the  following  report: 

Mb.  Spkakbb — Your  Committee  on  Code  Revision  Fourth  Divition,  to- 
whom  was  referred  House  file  No.  84,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  evidence,  beg  leave  to  report  that  upon 
the  request  of  the  chairman  of  the  Judiciary  Committee  the  same  has  been 
transferred  to  the  Judiciary  Committee.  M.  H.  Bbinton, 

Chairman, 

So  ordered. 


80  JOURNAL  OP  THE  HOUSE.  [Jan.  27, 

David  Shean  was  qualified  as  clerk  for  the  following  com- 
mittees: Committee  on  Federal  Relations,  (Committee  on  Nor- 
mal Schools,  Committee  on  Retrenchment  and  Reform. 

On  motion  of  Mr.  Garley,  the  House  adjourned  till  9  a.  m. 
to- morrow. 


1897.]  JOURNAL  OF  THE  HOUSE.  81 


Hall,  of  the  House  of  Rspbeseittatjves,     ) 
DBS  Moines,  Iowa,  Thursday,  January  28,  1897.  ) 

The  House  met  at  9  a.  m.,  with  Speaker  Byers  in  the  chair. 
Prayer  was  offered  by  Rev.  W.  M.  Todd. 
Mr.  Likuder  was  excused  until  to-morrow. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Potter,  McDowell,  Spaulding  and  Bailey  presented 
petitions  of  citizens  of  their  respective  counties  asking  a  reduc- 
tion of  railroad  fare. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Gurley  presented  petition  of  citizens  of  Decatur  county 
in  regard  to  the  revenue. 

Referred  to  Committee  on  Ways  and  Means. 

The  House  took  up  for  consideration  House  file  No.  80,  a  bill 
for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
Domestic  Animals,  with  report  of  committee  recommending 
passage  with  amendments,  and  the  report  of  the  committee  was 
adopted. 

Mr.  Chapman  moved  to  strike  out  the  word  **five"  and  insert 
the  word  "three"  in  line  1,  section  40. 

Mr.  Hinman  moved,  as  a  further  amendment,  to  strike  out  in 
same  line  the  word  **two"  and  insert  the  word  "one." 

Amendment  lost. 

Amendment  of  Mr.  Chapman  lost. 

Mr.  Finch  moved  that  the  rale  be  suspended,  and  that  the  bill 
be  considered  engrossed  and  read  a  third  time  now,  which  motion 
prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Pinch,  Prazee,  Prink,  Grood,  Griswold,  Grote,  Gurlpy, 
Haugen,  Hanger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hin- 

6 


82  JOURNAL  OP  THE  HOUSE.  Jan.  28, 

man,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of  Webster,  John- 
bton  of  Franklin,  Klemme,  Lambert,  Lavender,  Loomis,  Lowry, 
McAchran,  Mc Arthur,  McDonald,  McDowell,  McNulty,  Marti, 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of 
^Varren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nietert,  Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Pren- 
ils,  Putnam,  Ray,  Beed,  Scott,  Smith,  Spauldiog,  St.  John, 
Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten,  Voelker, 
Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wilson,  Wood,  Mr.  Speaker— 92. 

The  nays  were: 

None. 

Absent  or  not  voting : 

Messrs.  Brant,  Funk,  Gamer,  Ladd,  Lauder,  McQuin, 
Manahan,  Miller  of  Cherokee — 8. 

So  the  bill  passed  and  the  title  was  agreed  to. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Spvakkb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  conenrred  in  the  following  coneurrent  resolution  in  whioh  the 
concurrence  of  the  House  la  asked: 

Relative  to  furnishing  McClain's  Code  and  supplements  thereto,  and 
session  laws,  to  Walter  I.  Hayes. 

G.  A.  Kkwmah, 

SecT€Uxry. 

Calendar  No.  5  being  House  file  No.  5,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  care  of 
the  insane,  with  the  report  of  the  committee  recommending 
passage  with  amendments,  was  taken  up  and  considered. 

Mr.  Griswold  moved  that  the  bill  be  read  section  by  section 
for  information  and  amendment. 

Carried. 

Mr.  Griswold  moved  to  amend  the  committee  amendment  to 
section  2  by  striking  out  the  words,  ''who  shall  not  be  a  mem- 
oer  of  said  board  and  who  shall  reside  at  the  place  where  the 
hospital  is  located;"  also,  insert  a  period  after  the  word 
*  qualification,"  in  section  2,  and  strike  out  the  word  ''and,"  and 
insert  the  words  "Said  board  shall." 

Adopted. 

Mr.  Crow  in  the  chair. 

Committee  amendment  to  section  5  was  adopted 

Committee  amendment  to  section  6  was  adopted. 


1897.]  JOURNAL  OF  THE  HOUSE.  83 

Committee  amendment  to  section  8  was  adopted. 
The  committee  amendment  to  section  9  was  adopted. 
The  following  motion  to  reconsider  was  filed: 

Mb.  Spbakeb — I  move  to  reconsider  the  vote  by  which  section  5,  chapter 

2,  was  amended. 

W.  C.  McArthttb. 

I  second  the  motion, 

W.  MULLIN. 

The  committee  amendment  to  SQption  39  was  adopted. 

The  committee  amendment  to  section  45  was  adopted. 

The  committee  amendment  to  section  48  was  adopted. 

The  committee  amendment  to  section  50  was  adopted. 

The  committee  amendment  to  section  55  was  adopted. 

The  committee  amendment  to  section  57  was  adopted. 

Speaker  Byers  in  the  chair. 

Mr.  Spaulding  moved  to  amend  by  adding  to  section  6  the 
words:  ''H§  shall,  annually,  in  the  month  of  December,  make 
to  the  county  auditors  of  the  respective  counties  from  which 
he  has  patients,  a  report  of  the  mental  and  physical  condition 
of  each  patient  and  the  probable  safety  of  removing  any 
patient  to  the  county  hospital." 

Adopted. 

Mr.  Finch  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  BelL,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen, 
Cook,  Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early ^ 
Edwards,  Evans,  Pinch,  Prazee,  Prink,  Punk,  Garner,  Good, 
Griswold,  Grote,  Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hen- 
dershot,  Hinkhouse,  Hinman,  Hunt,  Huntley,  Jackson,  Jay, 
Johnson  of  Webster,  Johnston  of  Pranklin,  Klemme,  Ladd, 
Lambert,  Lavender,  Loomis,  McAchran,  Mc Arthur,  McDonald^ 
McDowell,  McNulty,  Marti,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  MuUin,  Nietert,  Nolan,  Parker,  Perrott,  Porter, 
Potter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Van 
Houten,  Voelker,  Watters,  Wells,  Wheeler,  Whelan,  Whittier, 
Williams,  Wilson,  Wood,  Mr.  Speaker— 94. 

The  nays  were: 

None. 


84  JOURNAL  OF  the:   HOUSE.  Jen.  28, 

Absent  or  not  voting: 

Messrs.  Lauder,  Lowry,  McQain,  Manahan,  Miller  of  Chero- 
kee, Weaver — 6. 

tio  the  bill  passed  and  the  title  was  agreed  to. 

REPORTS  OF  COMMITTEES. 

Mr.  Pinch,  from  the  Committee  on  Code  Revision,  Division 
No.  3,  submitted  the  following  report: 

Mb.  Speakkb — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  35,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  relating  to  the  Bureau  of  Labor  Statistics,  beg  leave  to 
report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tion that  chapter  132,  of  the  Twentieth  General  Assembly  as  amended  by 
chapter  86  of  the  Twenty-sixth  General  Assembly,  be  substituted,  except 
the  publication  clause,  and  that  said  substitute  do  pass.  A  copy  of  said 
substitute  is  hereby  attached,  marked  exhibit  '*A,"  and  made  a  part 
thereof.  . 

[exhibit  **a."] 

THE   LAW. 

CHAPTER  132. 

BUBBAU  OF  LABOB  STATISTICS. 

An  Act  to  Create  a  Bureau  of  Labor  Statistics,  and  to  Provide  for  the 
Appointment  of  a  Commissioner  of  said  Bureau,  and  to  Define  his 
Duties  and  Term  of  Office. 

Be  it  Enacted  by  the  Oeneral  Assembly  of  the  State  of  Iowa: 

Section  1.  That  there  is  hereby  created  a  Bureau  of  Labor  Statistics, 
to  be  under  the  control  and  management  of  a  Commissioner  thereof,  to  be 
appointed  as  hereinafter  provided  by  this  act. 

Sec.  2.  That  the  Governor  shall,  within  thirty  days  after  the  taking 
effect  of  this  act  and  biennially  thereafter,  with  the  advice  and  consent 
of  the  Executive  Council,  appoint  a  Commissioner  of  Labor  Statistics. 
The  term  of  office  of  said  Commissioner  to  commence  on  the  first  day  of 
April  in  each  even  numbered  year  and  continue  for  two  years  and  until  his 
successor  is  appointed  and  qualified;  and  said  Commissioner  before  enter- 
ing upon  the  discharge  of  his  duties  shall  take  an  oath  or  affirmation  to 
discharge  the  same  faithfully,  and  to  the  beet  of  his  ability;  and  shall  give 
bond  in  the  sum  of  two  thousand  dollars  ($2,000)  with  sureties  to  the 
approval  of  the  Governor,  conditioned  for  the  faithful  discharge  of  his 
official  duties. 

Sec.  3.  Said  Commissioner  shall  receive  a  salary  of  fifteen  hundred 
dollars  per  annum,  and  shall  be  allowed  a  deputy  at  a  salary  of  one  thousand 
dollars  per  annum  in  lieu  of  clerk  hire,  payable  monthly,  and  necessary 
postage,  stationery  and  office  expenses,  the  said  salary  and  expenses  to  be 
paid  by  the  State  as  the  salaries  and  expenses  of  other  State  officers  are 
provided  for.  The  Commissioner,  or  any  officer  or  employe  of  the  Bureau 
of  Labor  Statistics,  shall  be  allowed  in  addition  to  their  salaries  their  actual 
and  necessary  traveling  expenses  while  in  the  performance  of  their  duties; 


1897.]  JOURNAL  OP  THE  HOUSE.  85 

said  expenses  to  be  audited  by  the  Executive  Council  and  paid  out  of  the 
general  fund  of  the  State  upon  a  voucher  verified  by  the  Commissioner; 
provided  that  the  total  of  such  expenses  for  officers  and  employes  shall  not 
exceed  $500  per  annum.  He  shall  have  and  keep  an  office  in  the  Capitol  at 
Des  Moines  in  which  shall  be  kept  all  records,  documents,  papers,  corre- 
spondence and  property  pertaining  to  his  office,  and  shall  deliver  them  to 
his  successor  in  office. 

Sec.  4.  Said  Commissioner  may  be  removed  from  his  office  by  the 
Governor  for  neglect  of  duty  or  malfeasance  in  office;  and  any  vacancy  oc- 
curring at  any  time  may  be  filled  by  the  Governor  by  and  with  the  consent 
of  the  Executive  Council. 

Ssc.  5.  The  duties  of  said  Commissioner  shall  be  to  collect,  assort, 
systematize  and  present  in  biennial  reports  to  the  Governor,  on  or  before 
the  I5th  day  of  August  preceding  each  regular  meeting  of  the  General 
Assembly,  statistical  details  relating  to  all  departments  of  labor  in 
the  State,  especially  in  its  relations  to  the  commercial,  social,  educa- 
tional and  sanitary  conditions  of  the  laboring  classes,  and  to  the.  perma- 
nent prosperity  of  the  mechanical,  manufacturing  and  productive  industries 
of  the  State,  and  shall  as  fully  as  practicable  collect  such  information  and 
reliable  reports*  from  each  county  in  the  State,  the  amount  and  condition 
of  the  mechanical  and  manufacturing  interests,  the  value  and  location  of 
the  various  manufacturing  and  coal  productions  of  the  State,  also  sites 
offering  natural  or  acquired  advantages  for  the  profitable  location  and 
operation  of  different  branches  of  industry;  he  shall  by  correspondence 
with  interested  parties  in  other  parts  of  the  United  States  impart  to 
them  such  information  as  may  tend  to  induce  the  location  of  mechan- 
ical and  producing  plants  within  the  state,  together  with  such 
other  information  as  shall  tend  to  increase  the  productions,  and 
consequent  employment  of  producers;  and  in  said  biennial  report  he 
shall  give  a  statement  of  the  business  of  the  Bureau  since  the  last  regular 
report,  and  shall  compile  and  publish  therein  such  information  as  may  be 
considered  of  value  to  the  industrial  interests  of  the  state,  the  number  o 
laborers  and  mechanics  employed,  the  number  of  apprentices  in  each  trade 
with  the  nativity  of  such  laborers,  mechanics'  and  apprentices'  wages 
earned,  the  savings  from  the  same,  with  age  and  sex  of  laborers  employed, 
the  number  and  character  of  accidents,  the  sanitary  condition  of  institu- 
tions where  labor  is  employed,  the  restrictions,  if  any,  which  are  put  upon 
apprentices  when  indentured,  the  proportion  of  married  laborers  and 
mechanics  who  live  in  rented  houses,  with  the  average  annual  rental  and 
the  value  of  property  owned  by  laborers  and  mechanics;  and  he  shall 
include  in  such  report  what  progress  has  been  made  with  schools  now  in 
operation  for  the  instruction  of  students  in  the  mechanic  arts  and  what 
systems  have  been  found  most  practical,  with  details  thereof 

Such  report  when  printed  shall  not  consist  of  more  than  600  printed 
pages  octavo. 

Five  thousand  copies  thereof  shall  be  printed  and  bound  uniformly 
similar  to  the  reports  of  other  State  officers  as  now  authorized  by  law. 
Said  reports  when  published  to  be  disposed  of  as  follows,  viz:  To  the 
public  libraries  in  the  state,  to  the  various  trades  organizations,  agri- 
cultural and  mechanical  societies,  and  other  places  where  the  commissioner 


86  JOURNAL  OF  THE  HOU3E.  Jan.  28, 

may  de«m  proper  and  beat  calculated  to  accomplish  the  furtherance  of  the 
industrial  interests  of  the  State. 

Sec.  6.  The  Commissioner  of  the  Bureau  of  Labor  Statistics  shall  have 
the  power  to  issue  subpoenas,  administer  oaths,  and  take  testimony  in  all 
matters  relating^  to  the  duties  herein  required  by  said  Bureau,  said  testimony 
to  be  taken  in  some  suitable  place  in  the  vicinity  to  which  testimony  is 
applicable.  Witnesses  subpoenaed  and  testifying  before  the  Commissioner 
of  the  Bureau  shall  be  paid  the  same  fees  as  witnesses  before  a  justice 
court,  such  payment  to  be  made  out  of  the  contingent  fund  of  the  Bureau 
in  advance,  but  such  expense  for  witnesses  shall  not  exceed  3100  annually. 
Any  person  duly  subpoenaed  under  the  provisions  of  this  section,  who 
shall  wilfully  neglect  or  refuse  to  attend  or  testify  at  the  time  and  place 
named  in  the  subpoena  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon 
conviction  thereof,  before  any  court  of  competent  Jurisdiction,  shall  be 
punished  by  a  fine  not  exceeding  $50  and  costs  of  prosecution,  or  by  impris- 
onment in  the  county  Jail  not  exceeding  thirty  days;  provided,  however, 
that  no  witness  shall  be  compelled  to  go  outside  the  county  in  which  he 
resides  to  testify. 

Sbc.  7.  The  Commissioner  of  the  Bureau  of  Labor  shall  have  the  power, 
upon  the  complaint  of  two  or  more  persons,  or  upon  his  failure  to  other- 
wise obtain  information  in  accordance  with  the  provisions  of  this  act,  to 
enter  any  factory  or  mill,  workshop,  mine,  store,  business  house,  public  or 
private  work,  when  the  same  is  open  or  in  operation,  upon  a  request  being 
made  in  writing,  for  the  purpose  of  gathering  facts  and  statistics  such  as 
are  contemplated  by  this  act,  and  to  examine  into  the  methods  of  protec- 
tion from  danger  to  employes,  and  the  sanitary  conditions  in  and  around 
such  buildings  and  places,  and  make  a  record  thereof;  and  any  owner  or 
occupant  of  such  factory  or  mill,  workshop,  mine,  store,  business  house, 
public  or  private  work,  or  any  agent  or  employe  of  such  owner  or  occu- 
pant who  shall  refuse  to  allow  any  officer  or  employe  of  said  Bareau  to  so 
enter,  or  who  shall  hinder  him,  or  in  any  way  deter  him  from  collecting 
information,  shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  convic- 
tion thereof  before  any  court  of  competent  jurisdiction,  shall  be  punished 
by  a  fine  of  not  exceeding  SlOO  and  costs  of  prosecution,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  thirty  days. 

Skc.  8.  The  expression  "factory,"  "mill,"  "workshop,"  "mine,"  "store, 
"business  house"  and  "public  or  private  work,"  as  used  in  this  act,  shall 
be  construed  to  mean  any  factory,  mill,  workshop,  mine,  store,  business 
house,  public  or  private  work,  where  five  or  more  wage-earners  are  employed 
for  a  certain  stipulated  compensation. 

Sec.  9.  It  shall  be  the  duty  of  every  owner,  operator  or  manager  of 
every  factory,  mill,  workshop,  mine,  store,  business  house,  public  or  pri- 
vate work,  or  any  other  establishment  where  labor  is  employed  as  herein 
provided,  to  make  to  the  Bureau,  upon  blanks  furnished  by  said  Bureau, 
such  reports  and  returns  as  said  Bureau  may  require  for  the  purpose  of 
compiling  such  labor  statistics  as  are  contemplated  in  this  act;  and  the 
owner,  operator  or  business  manager  'Shall  make  such  reports  or  returns 
within  sixty  days  from  the  receipt  of  blanks  furnished  by  the  Commis- 
sioner, and  shall  certify  under  oath  to  the  correctness  of  the  same.  Any 
owner,  operator  or  manager  of  such  factory,  mill,  workshop,  mine,  store, 
business  house,  public  or  private  work,  as  herein  stated,  who  shall  neglect 


»» 


1897.]  JOURNAL  OF  THE  HOUSE.  87 

or  refuse  to  furnish  to  the  Commissioner  of  Labor  such  reports  or 
returns  as  may  be  required  by  the  foUowinf?  blank,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  punished  by  a  fine 
not  ezceedinff  $100  and  costs  of  prosecution,  or  imprisoned  in  the  county 
jail  not  exceeding  thirty  days. 

BLANK. 

Name  of  firm  or  corporation Number  of  hands 

employed  during  year  ending  December  31, :    Males, ;  females, 

;  apprentices,   .... Total  amount  of  wages  paid  during  year 

ending  December  31, ,  S Total  amount  of  wages  paid 

previous  year,  $ Any  general  increase  or  reduction  of  wages 

during  the  past  year?    If   so,   what  per   cent  of   increase  or  reduction? 

.. Cause  of  increase  or  reduction? Any  increase  or 

decrease  of  business  during  past  year? What  means  are  provided 

for  the  escape  of  employes  in  case  of  fire? What  measures  are 

taken  to  prevent  accident  to  employes  from  machinery? How  are 

buildings  ventilated? Are  separate  water-closets  and  wash-rooms 

provided  for  the  different  sexes? Number  of  weeks  during  past 

year  business  was  run  on  full  time  with  full  force...... Number  of 

weeks  during  past  year  business  was  run  on  short  time  or  with  reduced 

force, Number  of  weeks  during  past  year  business  was  suspended, 

Number  of  strikes  during  year  ending  December  31, , ; 

number   involved,... ;    alleged    cause, ..;    result, 

How  many  days  did  strike  continue,  and  what  was  loss  of  wages  in  conse- 
quence thereof? Was  any  property  destroyed,  and  if  so,  its  value? 


Sec.  10.  In  the  reports  of  the  Commissioner  no  use  shall  be  made  of 
names  of  individuals,  firms  or  corporations  supplying  the  information 
called  for  by  sections  5  and  6  of  this  act,  such  information  being  deemed 
confidential  and  not  for  the  purpose  of  disclosing  personal  affairs,  and  any 
oflSicer  or  employe  of  the  Bureau  of  Labor  Statistics  violating  this  provision 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  9500  and  costs  of  prosecution,  or  by 
imprisonment  in  the  county  jail  not  exceeding  one  year. 

Skc.  11.  No  report  or  return  made  to  said  Bureau  in  accordance  with 
the  provisions  of  this  act,  and  no  schedule,  record  or  document  gathered  or 
returned  by  its  officers  or  employes  shall  be  destroyed  within  two  years  of 
the  collection  or  receipt  thereof.  At  the  expiration  of  two  years  all  ree- 
ords,  schedules,  or  papers  accumulating  in  said  Bureau  during  said  period 
that  may  be  considered  of  no  value  by  the  Commissioner  may  be  destroyed, 
provided  the  authority  of  the  Executive  Council  be  first  obtained  for  such 
destruction.  P.   FmcH, 

Chairman, 

Substitute  read  first  and  second  time  and  passed  on  file. 
Also: 

Mb.  Speakeb — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  42,  chapter  15,  title  12,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  the  care  and  propa- 
gation of  fish,  beg  leave  to  report  that  the  said  chapter  has  been  trans- 


88  JOURNAL  OF  THE  HOU3E.  Jan.  28, 

ferred  to  the  Committee  on  Fish  and  Game,  in  compliance  with  a  request 
therefor.  P.  Finch, 

Chairmaru 

So  ordered. 
Also: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  43,  chapter  16,  title  12,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  the  State  Board  of 
Health,  beg  leave  to  report  that  in  compliance  with  a  request  of  the  Com- 
mittee on  Public  Health,  the  said  House  file  has  been  transferred  to  said 
committee. 

P.  FlKCH, 

Ch4ximiap, 

So  ordered. 
Also: 

Mb.  Speakkb — Your  committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  40,  chapter  13,  title  12,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  the  State  Dairy  Com- 
missioner, beg  leave  to  report  that  said  chapter  has  been  transferred  to  the 
Committee  on  Agriculture,  in  compliance  with  a  request  therefor. 

P.  Finch, 

Chairman, 

So  ordered. 
Also: 

Mb.  Speakbb — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  31,  chapter  4,  title  12,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  fences,  beg  leave  to 
report  that  in  compliance  with  a  request  from  the  Committee  on  Agricul- 
ture, said  chapter  has  been  referred  to  said  committee. 

P.  Finch, 
Chairman. 

So  ordered. 
Also: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  38,  chapter  11,  title  12,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  the  inspection  of 
petroleum  products,  beg  leave  to  report  that  in  compliance  with  a  re- 
quest from  Committee  on  Mines  and  Mining,  said  House  file  has  been  trans- 
ferred to  said  committee. 

P.  Finch, 
Chairman. 

So  ordered. 
Also: 

Mb.  Speakbb — Your  committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.- 36,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  relating  to  mines  and  mining,  beg  leave  to  report 


1897.1  JOURNAL  OP  THE  HOUSE.  89 

that  in  compliance  with  a  request  from  the  Committee  on  Mines  and  Min- 
ing, said  House  file  has  been  transferred  to  said  committee. 

P.  Finch, 

CTuiirman.     * 

So  ordered. 
Also: 

Mb.  Spkakbb — Your  Committee  on  Code  Reyision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  37,  chapter  10,  title  12,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  the  Geological  Survey, 
beg  leave  to  report  that  said  chapter  has  been  transferred  to  the  Commit- 
tee on  Mines  and  Mining,  in  compliance  with  a  request  therefor. 

P.  Finch, 
Chairman. 

So  ordered. 

Mr,  Brinton,  from  the  Committee  on  Code  Bevisioa,  Divis- 
ion No.  4,  submitted  the  following  report: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  4,  to 
whom  was  referred  House  file  No.  55,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  the  Institution  for  Feeble-Minded 
Children,  beg  leave  to  report  that  they  have  had  the  same  under  consider- 
ation and  have  instructed  me  to  report  the  same  back  to  the  House  with 
the  following  amendments: 

Page  548,  section  1,  strike  out  from  lines  4  and  5  the  words,  **and  a 
secretary  and  treasurer  who  may  or  may  not  be  from  their  number," 
and  insert  in  line  4  after  the  word  '^president,"  the  words,  ^'secretary  and 
treasurer." 

Page  550,  strike  out  from  section  9,  the  first  two  lines  except  the  word 
''the"  at  the  end  of  line  3. 

And  when  so  amended,  recommend  that  the  same  do  pass. 

M.  H.  Brinton, 

Chairman, 

Ordered  passed  on  file. 
Also: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  4,  to 
whom  was  referred  House  file  No.  83,  a  bill  for  an  act  to  revise,  amend  and 
codify 'the  statutes  in  relation  to  justices  of  the  peace  and  their  courts,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  following 
amendments: 

Page  837,  section  2,  line  3,  strike  out  the  words  *4n  the  aggregate." 

Page  833,  section  5,  line  4,  after  the  word  ' 'against,"  insert  the  word 
**such." 

Page  834,  section  9,  line  2,  strike  out  the  words  "and  in  the  following 
order,"  and  insert  the  words  **as  follows." 

Page  835,  section  18,  line  1,  after  each  word  *'by,"  strike  out  the  word 
**attorney,"  and  insert  after  each  in  lieu  thereof  the  word  **agent." 

Page  835,  section  28,  line  1,  strike  out  the  word  *' therefor"  and  insert 
the  words  "for  transcript." 


90  JOURNAL  OP  THE  HOUSE.  f  J*n- 28. 

Page  836,  section  33,  line  1,  strike  out  the  word  '^attorney"  and  insert 
the  word  **affent." 

Page  838,  section  51,  line  1,  strike  out  the  word  '*  justice"  and  insert  the 
"^ord  "court." 

Page  839,  section  63,  lines  3  and  4,  strike  out  the  words,  "but  it  shall 
continue  in  force  only  ten  years  thereafter." 

Page  841,  section  85,  line  2,  strike  out  the  word  "attorney"  and  insert 
the  word  **  agent." 

Page  841,  section  86,  line  1,  strike  out  the  word  "attorney"  and  insert 
the  word  "agent." 

Page  841,  section  87,  line  2,  strike  out  the  word  "it"  and  insert  the 
words  "the  action.'' 

Page  842,  section  104,  lines  4  and  5,  strike  out  all  after  the  word 
"attachment." 

Page  844,  section  118,  strike  out  all  the  section  after  the  word  "costs" 
in  line  1. 

Page  845,  section  122,  line  14,  strike  out  the  word  "or"  and  insert 
the  word  "of." 

Page  845,  section  123,  line  5,  insert  after  the  word  "returning"  the 
words  "by  nearest  traveled  route." 

Page  846,  section  125,  insert  after  the  word  '^collected,"  in  line  1,  the  words 
*4n  criminal  cases;"  in  line  3,  strike  out  the  words  "fifteen  hundred"  and 
insert  the  words  "seven  hundred  fifty;"  also,  in  line  3,  strikeout  the  word 
"twelve"  and  insert  the  word  "six;"  in  line  4,  strike  out  the  word  "twelve" 
and  insert  the  word  "six;"  at  the  end  of  line  4,  strike  out  the  word  "one," 
and  at  the  beginning  of  line  five,  strike  out  the  word  "thousand"  and  insert 
the  words  "five  hundred;"  in  line  5,  after  the  word  ** justices,"  strike  out 
the  words  "one  thousand"  and  insert  the  words  *'flve  hundred;"  in  line  6, 
strike  out  the  word  "eight"  and  insert  the  word  "four;"  in  line  7,  strike 
out  the  word  "eight"  and  insert  the  word  "four;"  in  line  7,  after  the  words 
"constables,"  and  "justices,"  strike  out  the  word  "six"  and  insert  the  word 
** three,"  and  in  line  8,  strike  out  the  words  "five  hundred"  and  insert  the 
words  "two  hundred  fifty,"  and  when  so  amended  recommend  that  the 
same  do  pass.  M.  H.  Brintok, 

Chodrfnan, 

Ordered  passed  on  file. 
Also: 

Mb.  Speakkr — Your  Committee  on  Code  Revision  Fourth  Division,  to 
whom  was  referred  House  file  No.  52,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  College  of  Agriculture  and  Mechanic 
Arts,  beg  leave  to  report  that  they  have  had  the  same  under  consideration 
and  have  instructed  me  to  report  the  same  back  to  the  House  with  the  fol- 
lowing amendments: 

Page  539,  section  2,  line  9,  to  the  word  "student"  add  the  letter  "s,"  and 
strike  out  the  word  "has"  and  insert  the  word  "have." 

Page  540,  strike  out  section  5,  and  insert  the  following,  being  section 
2669  of  McClain's  Code:  "Tuition  in  the  college  herein  established  shall  be 
forever  free  to  pupils  from  the  State  over  sixteen  years  of  age,  who  have 
been  residents  of  this  state  six  months  previous  to  their  admission.  Each 
county  in  this  State  shall  have  a  prior  right  to  tuition  for  three  scholars 


1897.]  JOURNAL  OP  THE  HOUSE.  91 

from  such  county;  the  remainder  equal  to  the  capacity  of  the  college  shall 
be  by  the  trustees  distributed  amongf  the  counties  In  proportion  to  the 
population,  subject  to  the  above  rule.  Transient  scholars,  otherwise  qual- 
ified, may  at  all  times  receive  tuition. 

Pag-e  541,  section  12,  line  3,  strike  out  the  word  *^ig>ht"  and  insert  the 
word  "six." 

Pasre  544,  section  25,  line  2,  strike  out  the  words  "two  thousand"  and 
insert  the  words  "fifteen  hundred." 

Page  544,  section  29,  line  3,  strike  out  the  words  "exeept  under  a  permit 
issued  by  the  district  court." 

Page  544,  section  30,  line  1,  strike  out  the  word  "support"  and  insert  the 
words  "repairs,  general  improvements  and  current  expenses,"  and  when 
•o  amended  recommend  the  same  do  pass, 

M.  H.  Brinton, 

Chairman, 

Ordered  passed  on  file. 

Calendar  No.  7,  being  House  file  No.  32,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  lost  goods, 
leith  report  of  committee  recommending  passage,  was  taken 
up,  considered,  and  the  report  of  the  committee  adopted. 

Mr.  Finch  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  considered  read  a  third  time 
now,  which  motion  prevailed. 

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

Messrs.  Allen,  Bailey,  Baker,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byiugton,  Chapman,  Classen,  Cook,  Corn- 
wall, Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Finch,  Funk,  Good,  Griswolti,  Grote,  Gurley,  Hayes,  Hazen, 
Hendershot,  Hinman,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of 
Webster;  Johnston  of  Franklin,  Klemme,  Ladd,  Lambert, 
Lavender,  Loomis,  Lowry,  McAchran,  McArthur,  McDonald, 
McNulty,  Marti,  Martin,  Mayae,  Miller  of  Buena  Vista,  Miller 
of  Warren,  Morrison  of  Keokuk,  MuUin,  Nietert,  Parker, 
Perrott,  Porter,  Prentis,  Putnam,  Reed,  Smith,  Temple, 
Thompson,  Tibbitts,  Watters,  Wells,  Wheeler, Whelan,  Whittier, 
Williams,  Wilson,  Wood,  Mr.  Speaker — 74. 

The  nays  were: 

Messrs.  Frink,  Hinkhouse,  McDowell,  Morrison  of  Grundy, 
Potter,  Power,  Ray,  Sullivan,  Van  Houten,  Weaver — 10. 

Absent  or  not  voting: 

Messrs.  Bell,  Clark,  Frazee,  Garner,  Haugen,  Hauger, 
Lauder,  McQuin,  Manahan,  Merriam,  Miller  of  Cherokee, 
Nolan,  Scott,  Spaulding,  St.  John.  Voelker — 16. 

So  the  bill  passed  and  the  title  was  agreed  to. 


92  JOURNAL  OP  THE  HOUSE.  [Jan.  28, 

The  following  explanations  of  votes  were  filed: 

Mb.  Speaker — My  reason  for  voting'  **no*'  is  because  the  bill  was  not 
read. 

J.  P.  McDowell. 

Mb.  Speaker — I  vote  '*no'*  on  bill  No.  32,  for  the  reason  that  the  same 
was  neyer  read  in  the  House  except  by  title. 

J.  D.  MOBBIBOK. 

Mb.  Speaker — I  vote  **no**  on  House  file  No.  32  because  it  has  never 
been  read  in  the  House. 

J.  T.  P.  POWEB. 

Mb.  Speakeb — I  desire  the  Journal  to  show  that  I  vote  **no"  on  House 
file  No.  32  because  the  bill  was  not  read  before  the  House. 

O.  H.  Fbink. 

On  motion  of  Mr.  Reed,  House  file  No.  49,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  Super- 
intendent of  Public  Instruction,  with  report  of  committee  rec- 
ommending passage  with  amendments,  was  taken  up  and  con- 
sidered. 

Mr.  Reed  moved  that  amendment  of  committee  be  adopted. 

Messrs.  Brant  and  Smith  demanded  the  yeas  and  nays  on 
this  motion,  which  resulted  as  follows: 

On  the  question,  **Shall  the  motion  prevail?"  the  yeas  were: 

Messrs.  Allen,  Bird,  Brant,  Brinton,  Byington,  Chapman, 
Classen,  Cornwall,  DowelJ,  Early,  Punk,  Grote,  Hauger, 
Hayes,  Hazen,  Hendershot,  Huntley,  Jackson,  Johnston  of 
Franklin,  Lavender,  Loomis,  Lowry,  McArthur,  Martin,  Miller 
of  Buena  Vista,  Nietert,  Perrott,  Porter,  Potter,  Prentis, 
Putnam,  Ray,  Reed,  Temple,  Tibbitts,  Van  Houten,  Watters, 
Weaver,  Wells,  Whelan,  Whittier,  Wood,  Mr.  Speaker — 43. 

The  nays  were: 

Messrs.  Bailey,  Bell,  Bowen,  Brady,  Brighton,  Clark,  Cook, 
Crow,  DaviSj  Doubleday,  Edwards,  Evans,  Pinch,  Prazee, 
Prink,  Garner,  Good,  Gurley,  Haugen,  Hinkhouse,  Hinman, 
Hunt,  Jay,  Johnson  of  Webster,  Kiemme,  Lambert,  McAchran, 
McDonald,  McDowell,  McNulty,  Marti,  Mayne,  Merriam, 
Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
Mullin,  Nolan,  Parker,  Power,  Scott,  Smith,  Spaulding,  St. 
John,  Sullivan,  Thompson,  Voelker,  Wheeler,  Williams,  Wil- 
son— 50. 

Absent  or  not  voting: 

Messrs.  Baker,  Griswold,  Ladd,  Lauder,  McQuin,  Manahan, 
Miller  of  Cherokee — 7. 

So  the  amendment  was  lost. 


1897.]  JOURNAL  OP  THE  HOUSE.  18 

Mr.  Beed  moved  that  the  rule  be  suspended,  and  that 
the  bill  be  considered  engrossed  and  read  a  third  liime  now, 
which  motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  < 'Shall  the  bill  pass  ?''  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Dowell,  Early,  Edwards,  Evans,  Pinch, 
Frazee,  Prink,  Punk,  Garner,  Good,  Grote,  Gurley,  Haugen, 
Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt, 
Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Johnston  of 
Pranklin,  Klemme,  Ladd,  Lambert,  Lavender,  Loomis,  Lowry, 
McAchran,  Mc Arthur,  McDonald,  McDowell,  McNulty,  Marti, 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of  War- 
ren, Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Bay,  Beed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan, 
Temple,  Thompson,  Tibbltts,  Van  Houten,  Watters.  Wells, 
Wheeler,  Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr. 
Speaker — 91. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Brinton,  Doubleday,  Prazee,  Griswold,  Lauder, 
McQuin,  Manahan,  Miller  of  Cherokee,  Voelker,  Weaver — 9. 

So  the  bill  passed  and  the  title  was  agreed  to. 

On  motion  of  Mr.  Punk,  House  adjourned  until  9  A.  M. 
to- morrow. 


94  JOURNAL  OP  THE  HOUSE.  Jan.  29, 


Hall  of  the  House  of  Bepbbsektatives,     ) 
Deb  Moines,  Iowa,  Friday,  January  29,  1897.  ) 

House  called  to  order  by  Speaker  Byers. 

Prayer  by  Rev.  W.  A.  Black. 

Journals  of  27th  and  28th  corrected  and  approved. 

PETITIONS   AND  MEMORIALS. 

Mr.  Brighton  presented  petition  of  Friends'  church,  Pleas- 
ant Plain,  Iowa,  against  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Martin,  Bell,  Bailey,  Scott  and  Frazee  presented 
petition  of  citizens  of  their  respective  counties  asking  a  2-cent 
fare  and  interchangeable  mileage  books. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Martin,  Good,  Smith,  Sullivan,  Bailey,  Classen  and 
Weaver  presented  remonstrance  of  citizens  of  their  respective 
coimties  against  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Lauder  presented  petition  of  citizens  of  Union  county, 
asking  that  chapter  43,  of  the  acts  of  the  Twenty-sixth  General 
Assembly,  be  amended,  changing  time  of  meeting  for  the 
township  trustees  back  to  October  or  postpone  till  after  election. 

Referred  to  Committee  on  County  and  Township  Organiza- 
tion. 

REPORTS  OP  COMMITTEES. 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  Division 
No.  1,  submitted  the  following  report: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  1,  to 
whom  was  referred  House  file  No.  10,  a  biU  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  judicial  department  beg  leave  to  re* 
port  that  they  have  had  the  same  under  consideration  and  have  instructed 
me  to  report  the  same  back  to  the  House  with  the  recommendation 
that  the  same  do  pass  with  amendments  and  recommend  that  the  same 
be  amended  as  follows: 

That  section  4  of  chapter  1  be  amended  by  adding  at  the  end  of  said 
section  the  words,  *^but  in  such  eases  opinions  may  be  filed.  ^* 


1897.]  JOURNAL  OF  THE  HOUSE.  •  95 

That  chapter  2  be  amended  by  striking'  out  section  2  and  inserting  the 
following  in  lieu  thereof:  **The  salary  of  the  clerk  of  the  Supreme  Court 
shall  be  twenty-two  hundred  dollars  per  annum.  He  shall  collect  the 
following  fees,  and  account  for  them  as  provided  in  this  Code: 

**F1/r8t. — Upon  filing  each  appeal,  ten  dollars,  and  when  two  or  more 
eases  are  consolidated  and  submitted  together,  for  each  additional  case, 
five  dollars,  which  shall  be  in  full  of  all  clerical  seryices  in  the  case,  and 
no  appeal  shall  be  filed  or  docketed  until  such  fees  are  paid. 

^^ Second,— Upon  filing  a  motion  to  affirm,  if  the  appeal  has  not  hereto- 
fore been  docketed,  the  sum  of  flye  dollars,  which  shall  be  in  full  of  all 
fees  relating  to  such  motion,  and  such  motion  shall  not  be  filed  until  the 
fee  herein  provided  has  been  paid. 

^^TMrd —  For  a  transcript  of  any  record  or  paper,  for  each  one  hundred 
words,  ten  cents. 

*  ^Fourth, — For  certificate  and  seal,  one  dollar. 

*^F^ftIi, — For  issuing  any  writ  or  approving  any  bond  required  to  be  filed 
in  his  office,  one  dollar.  All  such  fees  shall  be  paid  into  the  state 
treasury." 

That  section  3  of*  chapter  5  be  amended  as  follows:  By  striking  out 
line  2  and  inserting  in  lieu  thereof  the  following:  '*The  first  district  shall 
consist  of  the  county  of  Lee  and  have  one  judge,"  and  by  striking  out  of 
the  third  line  the  word  ' 'Louisa;"  and  by  striking  out  of  the  nineteenth 
line  the  word  ** Marshall"  and  by  inserting  the  following  in  lieu  thereof: 
'*The  seventeenth  district  shall  consist  of  the  counties  of  Tama,  Benton 
and  Marshall,  and  have  two  judges;"  and  by  adding  after  line  33  the  fol- 
lowing: *'The  twentieth  district  shall  consist  of  the  counties  of  Des 
Moines,  Henry  and  Louisa,  and  shall  have  two  judges." 

That  section  5  of  chapter  5  be  amended  by  striking  out  the  word 
*^three"  in  the  first  line  thereof  and  inserting  the  word  **four"  in  lieu 
thereof. 

That  section  33  of  chapter  5  be  amended  by  striking  out  of  the  first  line 
thereof  the  words  **special  proceedings." 

That  section  4  of  chapter  6  be  amended  by  adding  at  the  end  thereof 
the  following:  **And  in  case  of  inability  of  any  judge  to  act,  through 
sickness  or  other  cause,  a  judge  shall  be  appointed  to  hold  during  such 
inabUity." 

That  section  6  of  chapter  6  be  amended  by  inserting  in  the  sixth  line 
thereof,  after  the  word  **taken"  the  word  ''thereto." 

That  section  23  of  ehapter  6  be  amended  by  striking  out  of  the  eighth 
line  thereof,  at  the  end  of  the  line,  the  words,  "or  town." 

That  section  10  of  chapter  8  be  amended  by  striking  out  of  the  first 
line  thereof  the  words,  ''be  entitled  to  charge  or  receive,"  and  insert  in 
lieu  thereof  the  words,  "collect  for  the  benefit  of  the  county." 

That  the  said  section  be  further  amended  by  inserting  therein  after 
line  30  ithe  following:  "The  clerk  shall,  upon  the  filing  of  any  petition, 
appeal  or  writ  of  error,  in  any  civil  cause,  require  the  party  filing  the 
same  to  deposit  with  him  as  clerk  the  sum  of  five  dollars  to  secure  pay- 
ment of  the  fees  taxable  in  favor  of  the  county." 

That  said  section  be  further  amended  by  striking  out  of  lines  45 
and  47  thereof  the  words,  "in  excess  of  the  amount,  sufficient  to  cover  the 
salary  or  salaries  of  the  clerk  and  his  deputies  or  clerks,"  and  to  insert  in 


96  JOURNAL  OF  THE  HOUSE.  Jan,  29. 

lieu  thereof  the  following^:   ''by  the  clerk  under  the  proyisions  of  this 
Code." 

That  Baid  chapter  8  be  further  amended  by  atrikingf  out  section  11 
thereof,  and  insertin^r  the  following: 

''Sec.  11.  The  clerk  shall  be  paid  in  full* compensation  for  his  serrices 
in  counties  having  a  population  of  ten  thousand  and  under  twelve  thous- 
and, twelve  hundred  dollars;  in  counties  having  twenty  and  under 
thirty  thousand,  thirteen  hundred  dollars;  in  counties  haying  thirty  and 
under  forty  thousand  or  more,  fifteen  hundred  dollars.  The  salary  of  the 
clerk  shall  be  paid  monthly  on  warrant  drawn  by  the  auditor  on  the 
county  treasurer  and  out  of  the  county  treasury.  In  addition  to  such 
salary  the  board  of  supervisors  may  allow  him  additional  compensation  in 
probate  and  guardianship  matters  not  exceeding  three  hundred  dollars." 

That  section  14  of  chapter  8  be  amended  by  striking  out  the  word 
"other"  in  the  second  line  thereof. 

That  section  5  of  chapter  9  be  amended  by  striking  out  of  lines  2  and  3 
thereof  the  words  "or  any  member  of  a  firm  with  which  he  may  be  con- 
nected." 

That  section  7  of  the  same  chapter  be  amended  by  strikinsr  out  the 
word  "may"  in  the  first  line  and  inserting  the  word  "shall"  in  lieu 
thereof. 

That  chapter  11  be  amended  by  striking  out  the  first  twenty- two  sec- 
tions thereof  and  substituting  the  following  therefor: 

Section  1.  A.11  qualified  electors  of  the  State,  of  good  moral  character, 
sound  judgment,  and  in  full  possesion  of  the  senses  of  hearing  and  seeing, 
and  who  can  speak,  write  and  read  the  English  language,  are  competent 
jurors  in  their  respective  counties. 

Sec.  2.  The  following  persons  are  exempt  from  liability  to  act  as 
jurors:  All  persons  holding  office  under  the  laws  of  the  United  States  or 
this  State;  all  practicing  attorneys,  physicians,  registered  pharmacists  and 
clergymen;  all  acting  professors  or  teachers  of  any  school,  college  or  other 
institution  of  learning,  and  all  other  persons  disabled  by  any  bodily  infirm- 
ity, or  over  pizty-five  years  of  age,  active  members  of  any  fire  company, 
and  any  person  who  is  conscientiously  opposed  to  acting  as  a  juror  because 
of  his  religious  faith. 

Sec.  3.  Any  person  may  also  be  excused  from  serving  on  a  jury  when 
his  own  interests  or  those  of  the  public  will  be  materially  injured  by  his 
attendance,  or  when  the  state  of  his  own  health,  or  the  death  or  sickness 
of  a  member  of  his  family  requires  his  absence  from  court.  Any  person 
who  knowingly  makes  any  false  affidavit,  statement  or  claim  for  the  pur- 
pose of  relieving  himself  from  serving  as  a  juror,  or  if  any  person  requests 
the  judges  of  election  to  return  his  name  as  such  juror,  he  shall,  upon 
conviction,  be  punished  by  fine  not  exceeding  one  hundred  dollars,  or  by 
imprisonment  in  the  county  jail  not  more  than  thirty  days,  or  the  court 
may  punish  such  person  for  contempt. 

Sec.  4.  There  shall  annually  be  made  lists  from  which  to  select  persons 
to  serve  as  grand  and  petit  jurors,  and  talesmen  for  the  year,  commencing 
on  the  first  of  January  following,  as  follows:  Seventy-five  persons  in  each 
county  from  which  to  select  grand  jurors,  four  hundred  persons  in  each 
county  having  twenty  thousand  inhabitants  or  less,  and  eight  hundred 
persons  in  counties  having  more  than  twenty  thousand  inhabitants,  from 


1897.]  JOURNAL  OP  THE  HOU3E.  97 

which  to  select  petit  jurors;  one  hundred  and  fifty  persons  in  counties 
having*  twenty  thousand  inhabitants  or  less,  and  three  hundred  persons  in 
counties  having  more  than  twenty  thousand  inhabitants,  from  which  to 
select  talesmen.  The  talesmen  list  shall  be  made  from  names  of  persons 
who  reside  in  the  city  or  town  in  which  the  district  court  is  held  and  the 
township  or  townships  in  which  such  city  or  town  is  located ;  if  according 
to  the  last  State  or  national  census  there  be  less  than  one  thousand 
inhabitants  in  the  territory  from  which  the  talesmen  are  required  to  be 
drawn,  such  lists  may  include  residents  of  another  township  next  nearest 
to  the  court  house.  In  counties  where  court  is  held  in  more  than  one  place, 
the  persons  shall  be  selected  from  the  qualified  electors  of  the  separate 
divisions  of  the  county,  giving  each  division  of  the  county  the  number  of 
grand  and  petit  jurors  and  talesmen  it  would  be  entitled  to  under  this  act 
if  it  were  a  separate  county. 

Src.  5.  On  or  before  the  first  Monday  in  September  in  each  year  the 
county  auditor  shall  apportion  the  number  of  grand  and  petit  jurors  to  be 
selected  among  the  several  election  precincts,  and  the  talesmen  among  the 
precincts  from  which  the  same  are  to  be  drawn,  in  each  as  near  as  practi- 
cable, in  proportion  to  the  number  of  votes  polled  in  such  precincts  at  the 
last  general  election 

Sec.  6.  The  auditor  shall  at  the  time  of  furnishing  the  poll  books  to 
the  judges  of  election  furnish  them  also  a  statement  of  the  number  of  per- 
sons apportioned  to  their  respective  precincts  to  be  returned  for  the  said 
jury  lists,  together  with  the  names  of  all  persons  who  have  served  as  jur- 
ors during  the  preceding  year,  which  latter  names  shall  be  furnished  to 
him  by  the  clerk  of  the  district  court.  The  judges  shall  thereupon  make 
the  requisite  selection  and  return  lists  of  names  so  selected  to  the  auditor 
with  the  returns  of  elections;  and  in  case  the  judges  of  election  shall  fail  to 
make  and  return  said  lists  as  herein  required  the  board  of  supervisors  shall, 
at  the  meeting  held  to  canvass  the  votes  polled  in  the  county,  mike  such 
lists  for  the  delinquent  precincts,  and  the  auditor  shall  file  such  lists  in  hia 
office,  and  cause  a  copy  thereof  to  be  recorded  in  the  election  book. 
Such  lists  shall  be  composed  only  of  persons  competent  and  qualified  to 
serve  as  jurors;  and  the  judges  of  election  or  boards  of  supervisors  shall 
omit  from  such  lists  the  name  of  any  person  who  has  requested,  directly 
or  indirectly,  that  his  name  be  returned  thereon,  or  any  person  who  has 
served  as  a  jaror  in  a  court  of  record  during  the  preceding  year.  And  if 
the  name  of  any  such  person  is  returned,  the  fact  that  he  has  requested  to 
be  so  returned,  or  has  served  as  a  juror  in  a  court  of  record  during  the  pre- 
ceding year,  shall  be  a  ground  for  challenge  for  cause.  The  members  of 
the  election  board,  or  the  board  of  supervisors,  when  certifying  such  lists 
shall  state  that  the  list«  do  not  contain  the  name  of  any  person  who 
requested,  directly  or  indirectly,  that  his  name  appear  thereon.  Provided, 
that  if  the  boundaries  of  any  voting  precinct  shall  be  changed  it  shall  be 
the  duty  of  the  auditor  In  making  the  apportionment  of  grand  and  petit 
jurors  and  talesmen,  to  assign  to  the  new  voting  precinct  the  total  number 
of  grand  and  petit  jurors  and  talesmen  to  which  all  the  former  precincts 
affected  by  the  change  were  entitled,  giving  to  each  new  precinct  an  equal 
number  as  nearly  as  possible. 

Sec.  7.    On  or   before  the  first  Monday  in   December  each  year  the 
county  auditor  and  clerk  of  the  district  court  shall  prepare  from  said  lists 
7 


98  JOURNAL  OP  THE  HOUSE.  [Jan.  29, 

separate  ballots,  containing  the  names  and  places  of  residence,  of  all  per- 
sons so  returned  by  the  judfices  of  election  or  board  of  supervisors,  keeping* 
the  names  of  the  several  classes  of  jurors  separate,  and  deposit  in  separate 
boxes  the  ballots  of  grand  jurors,  petit  jurors  and  talesmen  as  returned  on 
said  lists,  which  boxes  shall  be  plainly  marked,  sealed  and  forthwith 
deposited  with  the  clerk  of  the  district  court. 

Sec.  8.  Twelve  persons  shall  be  drawn  from  the  grand  jury  list. 
and  shall  constitute  the  panel  from  which  to  select  grand  jurors  for  oae 
year;  but  no  more  than  one  person  shall  be  drawn  from  any  civil  town- 
ship except  where  there  are  less  than  twelve  civil  townships  in  the  county, 
in  which  case  no  more  than  two  persons  shall  be  drawn  from  any  one 
township.  No  person  shall  be  summoned  or  serve  as  grand  juror  for  two 
consecutive  years.  If  more  persons  shall  be  drawn  from  any  civil  town- 
ship than  is  hereby  authorized,  or  any  person  is  drawn  who  haa  served  the 
preceding  year  as  grand  juror,  it  is  the  duty  of  the  officer  drawing  such 
grand  jury  to  reject  all  such  names  so  drawn,  and  proceed  with  the  draw- 
ing until  the  required  number  of  jurors  shall  be  secured. 

Sec.  9.  The  names  of  the  twelve  persons  constituting  the  panel  of  the 
grand  jury  shall  on  the  second  day  of  each  term  of  court,  unless  otherwise 
ordered  by  the  court,  or  judge,  be  placed  by  the  clerk  in  a  box  and  after 
thoroughly  mixing  the  same  he  shall  draw  therefrom  twelve  names;  and 
the  persons  so  drawn  shall  constitute  the  grand  jury  for  that  term. 
Should  any  of  the  persons  so  drawn  be  excused,  or  fail  to  attend  on  said 
second  day  of  the  court  the  clerk  shall  draw  other  names  until  the  seven 
grand  jurors  are  secured. 

Sec.  10.  Petit  jurors  shall  be  drawn  from  the  petit  jury  lists  for  the 
term,  but  no  persoi.  shall  be  required  to  attend  as  petit  juror  more  than 
one  term  in  the  same  year.  But  this  exemption  shall  not  apply  to  tales- 
men. 

Sec.  11.  At  least  twenty  days  prior  to  the  first  day  of  each  term  at 
which  a  grand  or  petit  jury  is  required  to  be  selected,  the  county  auditor, 
clerk  of  the  district  court,  and  recorder  shall  meet  at  the  court  house  and 
proceed  lo  draw  the  grand  and  petit  jurors  as  provided  herein. 

The  ballots  when  placed  in  the  respective  boxes  from  which  the  draw- 
ings are  to  be  made  shall  be  uniform  in  size  and  paper,  and  be  so  folded 
as  to  conceal  the  names  on  the  ballots,  and  the  boxes  shall  be 
arranged  with  only  an  aperture  to  insert  the  hand,  and  at  the 
time  of  the  drawing  the  boxes  shall  be  thoroughly  shaken  in  the 
presence  of  the  officers  attending  the  drawing  and  the  seal  on 
the  aperture  broken  in  their  presence,  and  one  of  the  otlicers  shall 
then,  without  looking  at  the  ballot,  draw  one  from  the  appropriate 
petit  jury  or  grand  jury  box,  as  the  case  may  be,  and  pass  it 
to  one  of  the  other  officers  attending  the  drawing,  who  shall  open  it, 
and  the  name  thereon  shall  be  read  aloud  by  him  and  taken  down; 
then  another  ballot  shall  be  drawn  and  opened  in  the  same  manner  until 
the  whole  number  of  jurors  shall  be  drawn  for  each  class,  when  the 
box  shall  again  be  sealed  up  and  returned  to  the  clerk  of  the  district 
court,  who  shall  immediately  issue  his  precepts  to  the  sheriff  of  the  county , 
commanding  to  summons  the  persons  so  drawn  to  appear  at  the  court  house 
at  the  time  designated  in  such  precept;  or  if  the  court  shall  determine 
that  either  the  grand  or  petit  jurors  have  been  illegally  drawn,  selected 


1897.]  JOURNAL  OF  THE  HOUSE.  99 

or  summoned,  the  court  may  set  aside  the  precept  under  which  they  were 
summoned,  and  direct  a  sufficient  number  drawn  and  summoned  in  the 
manner  above  provided;  the  drawing  may  proceed  forthwith,  and  the 
jurors  so  drawn  be  required  to  appear  immediately  or  at  such  time  as  the 
court  may  fix. 

Sec.  13.  The  sheriil  shall  immediately  obey  such  precepts,  and  on  or 
before  the  day  of  the  appearance  of  said  jurors  must  make  returns  thereof, 
and  on  a  failure  to  do  so,  without  sufficient  cause,  may  be  punished  for 
contempt. 

Sec.  13.  Except  when  required  at  a  special  term,  the  twelve  persons 
from  which  the  grand  jury  is  to  be  empanelled  not  be  summoned  after 
the  first  term,  but  must  appear  at  each  succeeding  term  during  the  year 
without  summons,  under  the  same  penalty  as  though  they  had  been 
summoned. 

Sec.  14.  Unless  the  court  or  judge  otherwise  orders,  jurors  shall  be 
summoned  to  appear  at  each  place  where  court  is  held,  at  10  o'clock  A.  m. 
of  the  second  day  of  the  term,  at  which  time  they  shall  be  called  and  all 
excuses  shall  be  heard  and  be  determined  by  the  court,  but  the  empanel- 
ling of  the  grand  or  petit  jury  may  be  postponed  to  a  subsequent  day  by 
order  of  the  court  or  judge  If  any  person  fails  to  appear  without 
sending  u  sufficient  excuse,  the  court  may  issue  an  order  requiring  him  to 
appear  and  show  cause  why  he  should  not  be  punished  for  contempt,  and 
unless  he  renders  a  sufficient  excuse  for  such  failure  he  may  be  punished 
for  contempt. 

Sec.  15.  The  grand  jury  shall  be  composed  of  seven  members.  The 
petit  jarors  in  counties  containing  a  population  of  less  than  fifteen 
thousand,  shall  be  fifteen  in  number,  unless  the  court  or  judge  otherwise 
orders.  In  counties  having  fifteen  thousand  or  over,  the  number  shall  be 
twenty-four,  unless  the  court  or  judge  otherwise  orders.  When  a  single 
county  constitutes  a  district,  the  court  may  increase  the  number  not  to 
•  exceed  seventy- two. 

Sec.  16.  Should  the  number  of  petit  jurors  summoned  fail  to  appear, 
or  be  excused  as  provided  in  this  chapter,  the  required  number  shall  be 
drawn  in  the  same  manner  as  the  original  panel,  and  the  persons  so  drawn 
shall  be  forthwith  summoned  to  appear  and  serve  as  jurors  during  the 
term.  Persons  so  drawn  shall  have  the  right  to  present  excuses  as  provided 
for  the  original  panel.  The  court  or  judge  thereof,  either  before  or  dur- 
ing the  term,  may  order  as  many  additional  jurors  drawn  for  the  term,  or 
for  the  trial  of  any  particular  case,  as  may  be  deemed  necessary,  which 
drawing  shall  be  in  the  same  manner  as  for  the  original  and  regular  panel, 
so  far  as  applicable. 

Sec.  17.  If,  in  the  judgment  of  the  court,  the  business  of  the  term 
does  not  require  the  attendance  of  all  the  petit  jurors,  such  number  as  the 
court  deems  proper  may  be  discharged.  Should  it  afterwards  appear  that 
a  jury  is  required,  the  court  may  direct  them  to  be  resummoned. 

Sec.  18.  If  upon  the  trial  of  any  cause  the  court  shall  determine  that 
it  is  probable  talesmen  will  be  needed  to  complete  the  jury,  or  if  the 
regular  panel  has  been  exhausted,  the  clerk  shall,  in  the  presence  of  the 
court,  draw  such  number  of  names  as  the  court  may  order  from  the  tales- 
men's box  to  complete  the  jury.  In  drawing  such  names,  the  clerk,  when 
the  court  directs,  shall  reject  those  known  to  be  unable  to  serve  or  absent 


100  JOURNAL  OF  THE  HOUSE.  [Jan.  29, 

from  the  territory  from  which  drawn  and  proceed  nntil  the  required  number 
is  secured.  The  persons  whose  names  are  so  drawn  or  as  many  thereof 
as  may  be  found  within  the  territory  from  which  talesmen  are  selected, 
■hall  be  immediately  summoned  by  the  sheriff  to  appear  forthwith,  and 
the  jury  shall  be  completed  from  the  persons  so  summoned  and  appearing. 
The  names  of  jurors  so  drawn  and  who  serve  shall  be  placed  in  a  safe 
receptacle  from  time  to  time  until  all  the  ballots  are  drawn  from  the 
talesmen's  box,  when  such  ballots  shall  be  returned  to  the  said  box  to  be 
drawn  in  like  manner  as  before,  when  the  parties  to  the  cause,  by  agree- 
ment entered  of  record,  waiyethe  drawing  of  talesmen  as  above  provided, 
the  court  may  direct  the  sheriff  to  summon  such  talesmen  from  the  body  of 
the  county. 

Sec.  19.  All  ballots  drawn  when  the  persons  do  not  appear  or  do  not 
serve  (except  when  permanent  disability  is  sho^n)  shall  be  returned  to 
the  respective  boxes  from  which  drawn,  but  the  ballots  of  the  petit  jurors, 
except  talesmen,  so  drawn,  who  appear  and  serve  for  any  term  shall  be 
destroyed. 

Sec.  30.  When  a  city  or  town  is  a  party  to  a  suit  the  talesmen  shall 
not  be  drawn  therefrom,  but  in  such  cases  the  court  shall  order  a  special 
venire  or  may  order  the  talesmen  drawn  from  the  petit  jury  box. 

Sec.  21.  Any  officer  whose  duty  it  is  to  perform  any  of  the  services  in 
this  chapter  mentioned,  who  shall  intentionally  fail  to  perform  them  as 
required  by  law,  or  who  shall  act  corruptly  in  the  discharge  of  such 
duties,  or  any  of  them,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  be  imprisoned,  not  less  than  six  months  nor  more 
than  one  year. 

Sec.  22.  At  the  close  of  each  term  of  the  district  court,  the  clerk  shall 
make  out  a  certificate  to  each  juror  of  the  amount  to  which  he  is  entitled 
for  his  services,  and  on  the  presentation  of  such  certificate,  the  county 
auditor  shall  issue  to  each  juror  a  warrant  tor  said  amount  on  the  county 
treasury,  without  the  same  being  audited  by  the  board  of  supervisors. 

That  chapter  12  be  amended  by  the  striking 'out  of  line  4  in  section  6, 
the  words  **in  his  discretion.'* 

That  chapter  15  be  amended  by  inserting  therein,  after  the  word 
^'required,"  in  the  tenth  line  of  section  1  the  following  words:  ''members  of 
all  boards  of  any  State  institution,  of  all  commissions,  boards  or  bodies, 
created  by  law,  and  all  persons,  referees,  or  appraisers  appointed  by 
authority  of  law,  who  have  any  duty  to  perform  by  virtue  of  their  office  or 
appointment,  requiring  the  administration  of  oaths." 

M.  L.  Temple, 

Chairman. 

Ordered  on  file. 

Mr.  Allen,  from  the  Committee  on  Code  Revision,  Second 
Division,  submitted  the  following  report: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Second  Division,  to 
whom  was  referred  House  file  No.  26,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  construction  and  operation  of  tele- 
graph and  telephone  lines,  beg  leave  to  report  that  said  bill  has  been 
demanded  by  the  Committee  on  Telegraph,  Telephone   and  Express  and 


1897.]  JOURNAL  OF  THE  HOUSE.  101 

has  by  this  committee  been  transferred  to  said  Committee  on  Telegraph, 
Telephone  and  Express,  under  the  standing  resolution  of  this  House. 

W.  8.  Allen, 

Chairman. 

So  ordered. 
Also: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Second  Division,  to 
whom  was  referred  House  file  No.  27,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  the  militia,  beg  leave  to  report  that 
said  bill  has  been  demanded  by  the  Committee  on  Military,  and  has  by 
this  committee  been  transferred  to  the  Committee  on  Military,  under  the 
standing  rules  of  this  House. 

W.  S.  Allen, 
Chairman, 

So  ordered. 

Mr.  Brinton,  from  the  Committee  on  Code  Revision,  Fourth 
Division,  submitted  the  following  report: 

Mr.  Speaksb — Your  Committee  on  Code  Revision,  Fourth  Division,  to 
whom  was  referred  House  file  No.  58,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  the  Industrial  Home  for  the  Blind, 
beg  leave  to  report  that  they  have  had  the  same  under  consideration  and 
have  instructed  me  to  report  the  same  back  to  the  House  with  the  follow- 
ing amendments: 

Page  555,  section  3,  line  1,  strike  out  the  word  *'six*'  and  insert  the 
word  ''three;"  also,  in  line  1,  after  the  word  '"trustees,"  add  ''one  of  whom 
shall  be  a  woman." 

rage  555,  section  3,  after  the  word  "duties"  strike  out  all  of  line  4, 
strike  out  all  of  line  5,  and  the  word  "session"  in  line  6,  and  insert  "act 
as  an  auditing  board,"  and  when  so  amended  recommend  that  same  do 
pass.  M.  H.  Brinton, 

Chairman. 

Ordered  passed  on  file. 
Also: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Fourth  Division, 
to  whom  was  referred  House  file  No.  57,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  College  for  the  Blind,  beg  leave 
to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  following 
amendments: 

Page  553,  section  1,  line  2,  strike  out  the  word  "six,"  and  insert  the 
word  "five;"  also  in  line  2,  strike  out  word  "May"  and  insert  the  word 
"June." 

Page  554,  section  3,  line  5,  strike  out  the  word  "treasurer"  and  insert 

the  word  "auditor,"  and  when  so  amended  recommend  the  same  do  pass. 

M.  H.  Brinton, 

Chairman. 

Ordered  passed  on  file. 


102  JOURNAL  OF  THE  HOUSE.  [Jan.  29, 

Also: 

Mb.  Speaker — Your  Committee  on  God*e  Revision,  Fourth  Division,  to 
whom  was  referred  House  file  No.  59,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  School  for  the  Deaf,  beg  leave  to 
report  that  they  have  had  the  same  under  consideration  and  have  instructed 
me  to  report  the  same  back  to  the  House  with  the  following  amendments: 

Page  556,  section  2,  line  3,  strike  out  the  word  '*shall"  and  insert  the 
word  **may." 

Page  557,  section  4,  line  5,  strike  out  the  word  ** treasurer"  and  insert 

the  word  '^auditor,"  and  when  so  amended  recommend  that  same  do  pass. 

M.  H.  Bbinton, 

Chairman, 

Ordered  passed  on  file. 
Also: 

Mb.  Speaker— Your  committee  on  Code  Revision,  Fourth  Division,  to 
whom  was  referred  House  file  No.  56,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  Industrial  School,  beg  leave  to  report 
that  they  have  had  the  same  under  consideration  and  have  instructed  me 
to  report  the  same  back  to  the  House  with  the  following  amendments: 

Page  550,  section  1,  line  2,  strike  out  the  word  **six"and  insert  the  word 

''five;"  in   same  line  strike  out  the  word  ''annually"  and  insert  the  word 

"quarterly;''  in  line   3    strike    out  the   word  "first"  and  insert  the  word 

"second;"  also,  in  line  3  strikeout  the  words  "January,  April,  July,  October 
and  at  April. " 

Page  552,  section  7,  line  33,  strike  out  the  words  "or  for  such  less  term 
as  he  may  think  best." 

Page  553,  section  8,  lines  8  and  9,  strike  out  the  words  "or  for  such  less 
term  as  is  in  his  judgment  right  and  proper." 

Page  553,  section  9,  line  1,  strike  out  the  word  "felony"  and  insert  the 
word  "crime;"  also,  in  section  9,  line  2,  after  the  word  "dangerous"  insert 
the  words,  "or  detrimental." 

Page  553,  section  12,  line  2,  strike  out  the  word  "eight"  and  insert  the 
word  "ten." 

And  when  so  amended  recommend  the  same  do  pass. 

M.  H.  Bbinton, 

Chairman. 

Ordered  passed  on  file. 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  First 
Division,  submitted  the  following  report: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  First  Division,  to 
whom  was  referred  House  file  No.  20,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  building  and  loan  associations,  beg  leave 
to  report  that  the  same  has  been  demanded  by  and  transferred  to  the 
Committee  on  Building  and  Loan  Associations. 

M.  L.  Temple, 

Chairman. 

So  ordered. 


1897.]  JOURNAL  OF  THE  HOUSE.  103 

Mr.  Pinch,  from  the  Committee  on  Code  Revision,  Division 
No.  3,  submitted  the  following  repDrt: 

Mb.  sSpeakeb — Your  (Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  41,  chapter  14,  title  12,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  the  State  Veterinary 
Surgeon,  beg  leave  to  report  that  they  have  had  the  same  under  considera- 
tion and  have  instructed  me  to  report  the  same  back  to  the  House  with  the 
recommendation  that  the  same  do  pass   with   the    following  amendment: 

Page  514,  section  6,  line  15,  strike  out  allafter  the  word  **to,"  in  line  15, 
and  insert,  **mean  cattle,  horses,  mules  and  asses." 

P.  Finch, 
Chairman. 

Ordered  passed  on  file. 

The  following  motion  to  reconsider  was  filed: 

Mb.  SrEAKEB — I  move  to  reconsider  the  vote  whereby  House  file   No. 

32  was  declared  to  have  passed  the  House. 

J.  H.  Funk. 

I  second  the  motion. 

Z.   H.  GUBLEY. 

Calendar  No.  10,  House  file  No.  55,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  Institution  for 
Feeble  Minded  Children,  with  report  of  committee  recommend- 
ing amendments,  and  when  so  amended  that  same  do  pass,  was 
taken  up,  considered,  and  the  amendments  of  the  committee 
adopted. 

Mr.  Prink  moved  to  amend  by  striking  out  in  line  1,  section 
3,  the  words  **between  the  age  of  five  and  twenty-one  years." 

Lost. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
biU  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

Mr.  Van  Houten  in  the  chair. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen, 
Cook,  Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early, 
Edwards,  Evans,  Pinch,  Frazee,  Prink,  Punk,  Grood,  Griswold, 
Grote,  Gurley,  Haugen,  Hanger,  Hazen,  Hendershot,  Hink- 
house,  Hinman,  Huntley,  Jackson,  Jay,  Johnson  of  Webster, 
Johnston  of  Pranklin,  Klemme,  Ladd,  Lambert,  Lauder, 
Lavender,  Loomis,  Lowry,  McAchran,  McArthur,  McDonald, 
McDowell,  McNulty,  Marti,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Keokuk,  MuUin, 
Nietert,    Nolan,    Parker,    Perrott,     Porter,    Potter,    Power, 


104  JOURNAL  OP  THE  HOUSE.  [Jan.  29, 

^^  • 

Prentis,  Putnam,  Bay,  Reed,  Scott,  Smith,  Spaulding,  SuUivan, 
Temple,  Thompson,  Tibbitts,  Van  Houten,  Voelker,  Watters, 
Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wood— 89. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Garner,  Hayes,  Hunt,  McQuio,  Manahan,  Miller  of 
Cherokee,  Morrison  of  Grundy,  St.  John,  Weaver,  Wilson,  Mr. 
Speaker — 11. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  Speaker  resumed  the  chair. 

Calendar  No.  9,  House  file  No.  52,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  State  College 
of  Agriculture  and  Mechanic  Arts,  with  report  of  committee 
recommending  passage  with  amendments,  was  taken  up  and 
considered. 

Committee  amendment  to  section  3  was  adopted. 

Committee  amendment  to  section  5  was  adopted. 

Committee  amendment  to  section  12  was  lost. 

Committee  amendment  to  section  25  was  adopted. 

Mr.  McNulty  moved  to  amend  the  committee  amendment  to 
section  29  by  striking  out  all  of  said  section  and  inserting  sec- 
tion 2670  of  McCiain's  Code 

On  a  division  of  the  House  the  motion  was  adopted  by  a 
vote  of  49  yeas  to  18  nays. 

Committee  amendment  to  section  30  was  adopted. 

Mr.  Lauder  moved  to  insert  the  word  *^shall"  between 
'^treasurer"  and  ^'reside,"  in  line  1,  section  11. 

Adopted. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

Mr.  Loomis  in  the  chair. 

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

Messrs.  Allen,  Baker,  Bell,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall, 
Crow,  Davis,  Doubleday,  Early,  Edwards,  Pinch,  Prazee, 
Prink,  Gamer,  Good,  Griswold,  Gurley,  Haugen,  Hauger, 
Hazen,  Hendershot,  Hinkhouse,  Hinman,  Huntley,  Jackson, 
Jay,  Johnson  of  Webster,  Johnston  of  Pranklin,  Klemme, 
Ladd,  Lauder,  Lavender,  Loomis,  Lowry,  McAchran,  McArthur, 
McDonald,  McDowell,  McNulty,  Marti,  Martin,  Mayne,Merriam, 


18W.]  JOURNAL  OF  THE  HOUSE.  105 

Miller  of  Baena  Vista,  Miller  of  Warren,  Morrison  of  Grundy, 
Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Perrott,  Porter, 
Potter,  Power,  Prentis,  Putnam,  Ray,  Beed,  Scott,  Smith, 
Spaulding,  Thompson,  Tibbitts,  Van  Houten,  Voelker,  Watters, 
Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wood— 82. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Bailey,  Bird,  Dowell,  Evans,  Fank,  Grote,  Hayes, 
Hunt.  Lambert,  McQuin,  Manahan,  Miller  of  Cherokee,  Parker, 
St  John,  Sullivan,  Temple,  Wilson,  Mr.  Speaker — 18. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Heed,  from  the  Committee  on  School  and  Text  Books, 
submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  School  and  Text  Books,  to  whom 
was  referred  House  file  No.  50,  a  bUl  for  an  aot  to  revise,  amend  and  codify 
the  statutes  in  relation  to  the  State  Board  of  Educational  Examiners,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tion that  the  same  do  pass  with  the  following  amendments: 

Amend  section  3,  line  14,  by  striking  out  '*any  normal  school  state," 
and  substitute  therefor  **the  Iowa  State  Normal  School." 

Strike  out  *'is"  in  line  15  and  insert  *4n." 

After  word  **8hown"  in  line  15,  insert  the  following:  **They  may  issue 
a  certificate  or  diploma  to  any  primary  school  teacher  in  the  State,  of  suffi- 
cient experience,  and  who  shall  pass  such  examination  as  the  board  may 
desii^iate,  in  branches  and  methods  which  pertain  especially  to  that  kind 
of  work.  Such  certificate  or  diploma  shall  be  known  as  a  primary  teach- 
er^s  certificate  or  a  primary  teacher's  diploma,  and  shall  not  be  valid  as  a 
teacher  certificate  for  any  other  department." 

Amend  section  3,  line  2,  by  striking  out  the  following  after  the  word 
**bat:"  **any  certificate  or  diploma  may  be  revoked  by  the  board  for 
any  cause  or  disqualification  to  be  found  upon  complaint  entered  by  any 
eounty  superintendent  and  the  evidence   produced,"    and  insert  the  fol- 

lowinfr: 

**The  board  shall  have  power  to  revoke  any  certificate  or  diploma  for 
causes  which  may  seem  to  them  satisfactory,  or  which  if  known  at  the 
time  would  have  prevented  their  issuing  it,  provided  the  holder  of  such 
certificate  or  diploma  shall  have  due  notice  and  shall  be  allowed  to  be 
present  and  make  his  defense. 

J.  F.  Rbed, 

Ctiairman. 

Ordered  passed  on  file. 

Si)eaker  Byers  in  the  chair. 

Mr.  Haugen  moved  to  adjourn  until  9  A.  m.  to-morrow. 

Lost. 


106  JOURNAL  OF  THE  HOUSE.  [Jan.  29, 

Calendar  No.  11,  being  House  file  No.  83,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  justices  of 
the  peace  and  their  courts,  with  report  of  committee 
recommending  passage  with  amendments,  was  taken  up  and 
considered. 

Committee  amendments  to  sections  2,  5,  9,  18,  28,  33,  51,  63, 
85,  86,  87,  104,  118,  122  and  123,  were  adopted. 

The  following  is  a  list  of  committee  clerks,  their  committee 
and  when  sworn: 

Harold  Lounsberry,  County  and  Township  Org^anization;  Z.  R.  Gurley, 
Claims;  Anna  Foster,  Agfriculture;  B.  J.  Clark,  Fish  and  Game;  Katherine 
Davis,  Municipal  Corporations;  L.  A.  Turner,  Banks  and  Banking*;  Mary 
McAchran,  Penitentiaries;  D.  C.  Wright,  Appropriations;  Olive  Conger, 
Public  Library;  E.  E.  Rarick,  First  Division  Code  Revision  Committee: 
E.  M.  Allen,  Second  Division  Code  Revision  Committee;  Ed.  K.  Winnie, 
Third  Division  Code  Revision  Committee;  O.  U.  Miracle,  Fourth  Division 
Code  Revision  Committee;  Clara  Keller,  Fifth  Division  Code  Revision 
Committee;  Mrs.  A.  Maysant,  Soldiers*  and  Orphans*  Home;  A.  L.  W. 
Moore,  Private  Corporations — January  19. 

E.  E.  Funk,  Ways  and  Means;  Harry  Whittier,  Pardons;  David  Shean, 
Federal  Relations;  Anna  Wilson,  Judiciary;  W.  E.  Griswold,  Mines  and 
Mining;  Clyde  Hart,  Railroads  and  Commerce;  H.  B.  Watters,  Jr.,  Roads 
and  Highways;  Fred  D.  Martin,  Building  and  Loan;  Chas.  J.  Rogers, 
Domestic  Manufactures;  Gilbert  Chapman,  Suppression  of  Intemperance- 
January  20. 

M.  J.  Potter,  Telegraph,  Telephone  and  Express;  S.  R.  Clift,  Schools 
and  Text  Books;  Winogene  Hobbs,  Printing — January  22. 

Sidney  Bowen,  Public  Health;  Welling  ton  Martin,  Public  Lands  and 
Buildings —January  26. 

J.  J.  Dunkleberg,  Police  Regulations;  Phil  Waddell,  Insurance;  J.  A. 
Farrell,  Public  Charities— January  28. 

On  motion  of  Mr.  Funk,  the  House  adjourned  until  9  a.  M. 
to-morrow. 


1897.]  JOURNAL  OF  THE  HOUSE.  107 


Hall  of  the  House  of  Repbesentatives,     ) 
Deb  Moines,  Iowa,  Saturday  January  30,  1897.  ) 

House  called  to  order  at  9  a.  m.  ,  Speaker  Byers  in  the  chair. 
Prayer  by  Rev.  J.  Everist  Cathell. 

PETITIONS  AND   MEMORIALS 

Messrs.  Doubleday,  Wood,  Smith  and  Early  presented  peti- 
tions of  citizens  of  their  respective  counties  asking  a  2-cent  rate 
on  railroads  and  interchangeable  mileage  books. 

Beferred  to  Committee  on  Bsbilroads  and  Commerce. 

Messrs.  Jackson  and  Haugen  presented  petitions  of  citizens 
of  their  respective  counties  against  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

REPORTS  OF  COMMITTEES. 

Mr.  Finch,  from  the  Committee  on  Code  Revision,  Division 
No.  3,  submitted  the  following  report: 

Mb.  SPELiKEB — Your  Committee  on  Code  Revision,   Division  No.  3,  to 

whom  was  referred  House  file  No.  39  (chapter  12,  title  12),  a  bill  for  an  act 

to  revise,  amend  and  codify  the  statutes  relating   to  the  inspection  of 

passenger  boats,  beg  leave  to  report  that  they  have  had  the  same  under 

Consideration  and  have  instructed  me  to  report  the  same  back  to  the  House 

with  the  recommendation  that  the  same  do  pass. 

P.  Finch, 
Chairman. 

Ordered  passed  on  file. 
Also; 

Mr.  Speaker— Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  Y^as  referred  House  file  No.  48  (chapter  21,  title  12),  a  bill  for  an  act 
to  revise  amend  and  codify  the  statutes  relating  to  the  regents  and 
trustees  of  State  institutions,  beg  leave  to  report  that  they  have  had  the 
same  under  consideration  and  have  instructed  me  to  report  the  same  back 
to  the  House  with  the  recommendation  that  the  same  do  pass,  with  the 
following  amendments: 

Page  529,  section  1,  add  to  line  3  the  following:  "all  of  whom  shall  not 
be  of  same  political  party.  *' 

Page  529,  section  1,  line  8,  strike  out  the  word  "six,"  insert  '*five." 


108  JOURNAL  OP  THE  HOUSE.  [Jan.  30, 

Pasfe  530,  add  to  section  8  the  following:  **ezcept  appropriations 
already  made  for  the  erection  of  bnildings  now  in  the  course  of  constmc- 
tion  or  nnder  contract  as  provided  by  law." 

Page  530,  section  13,  line  1,  strike  out  the  word  '^verified,"  and  insert 
the  following:  **certified  to  by  president  and  secretary  and  approved 
by  the  board." 

P.  Finch, 

Chairman. 

Ordered  passed  on  file. 
Also: 

Mr.  Speakeb — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  47,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  relating  to  Soldiers'  Home,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass  with  the  following  amendment: 

Page  527,  section  1,  line  2,  strike  out  the  word  **Bix"  and  insert  **five.'' 

P.  Finch, 
Chairman. 

Ordered  passed  on  file. 
Also: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  46  (chapter  19,  title  12),  a  bill  for  an 
act  to  revise,  amend,  and  codify  the  statutes  relating  to  the  practice  of 
denistry,  beg  leave  to  report  that  the  Committee  on  Pharmacy  called  for 
said  bill  and  the  same  has  been  transferred  to  said  committee. 

P.  Finch, 
Chairman. 

So  ordered. 
Also: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  45  (chapter  18,  title  12),  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  relating  to  the  practice  of 
pharmacy,  beg  leave  to  report  that,  complying  with  a  request  therefor  by 
the  Committee  on  Pharmacy,  said  chapter  has  been  transferred  to  said 
committee. 

P.  Finch, 
Chairman. 

So  ordered. 

Mr.  Brinton,  from  the  Committee  on  Code  Revision,  Divis- 
ion No.  4,  submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  Code  Revision,  Division  No.  4,  to 
whom  was  referred  House  file  No.  65,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  the  State  Historical  Society,  beg  leave 
to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tion that  the  same  do  pass.  M.  H.  Bbinton, 

Chairman, 

Ordered  passed  on  file. 


1897.]  JOURNAL  OF  THE  HOUSE.  109 

Also: 

Mr.  Speakbb — Your  Committee  on  Code  Revision,  Division  No.  4,  to 
whom  was  referred  House  file  No.  64,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  State  Library,  beg  leave  to  report 
that  upon  the  request  of  the  chairman  of  the  Committee  on  Public 
Libraries,  the  same  has  been  transferred  to  said  committee. 

M.  H.  Bbinton, 

CTiairman. 

So  ordered. 

The  committee  on  distribution  of  the  various  session  laws  of 
the  Twenty-sixth  General  Assembly  to  appropriate  committees 
submitted  the  following  report: 

Mb.  Speakeb— Your  committee  to  whom  was  referred  the  distribution 
of  the  various  session  laws  of  the  regular  session  of  the  Twenty-sixth 
General  Assembly,  to  the  appropriate  Code  revision  committees,  and  to 
furnish  memoranda  of  such  distribution  to  the  chairman  of  each'said  com- 
mittees, would  report  as  follows: 
That  we  have  assigned  the  various  chapters  as  follows: 
To  Code  Revision  Committee,  Division  No.  1,  chapters  21,22,  23,  54,  55,  61, 
64,  72,  74,  75,  77,  79,  81,  85,  97,  98,  105,  108,  110,  111,  121,  122,  124,  125. 

To  Code  Revision  Committee,  Division  No.  2,  chapters  26,  33,  34,  35,  42, 
43,  46,  76,  78,  83,  100,  102,  103,  107. 

To  Code  Revision  Committee,  Division  No.  3,  chapters  1,  2,  3,  4,  5,  6,  7,  8, 
9,  10,  11,  12,  13,  14,  16,  17,  18,  19,  24,  25,  27,  51,  52,  53,  56,  57,  59,  60,  63,  65, 
86,  89,  90,  91,  94,  101,  120. 

To  Code  Revision  Committee,  Division  No.  4,  chapters  15,  36,  37,  38,  39, 
40,  41,  49,  50,  58,  62,  67,  68,  69,  70,  71,  80,  82,  87,  88,  92,  93,  95,  96,  99,  106. 

To  Code  Revision  Committee,  Division  No.  5,  chapters  20,  28,  29,  30,  3], 
32,  44,  45,  47,  48,  66,  73,  84,  104,  109,  114,  144. 

Your'committee  did  not  assign  the  following  chapters,  as  not  being  of  a 
permanent  character  and  not  necessary  to  be  incorporated  in  the  Code, 
to-wit:  112,  113,  115,  116,  117,  118,  119,  123,  126,  127,  128,  129,  130,  131,  133, 
134,  135,  136,  137,  138,  139,  140,  141,  142,  143,  145,  146,  147,  148,  149,  150,  151, 
152,  153,  154,  155,  156,  157,  158,  159,  160,  161,  163,  164,  165,  166. 

For  the  same  reason  your  committee  did  not  assign  any  of  the  legaliz- 
ing acts,  being  chapters  167  to  218  inclusive. 

O.  A.  Byington, 
Samuel  Mayxe, 
H.  K.  Evans, 
John  T.  P.  Poweb, 
W.  I.  Hayes, 

CommUtee. 

Mr.  Weaver,  from  the  Committee  on  Code  Revision,  Division 
No.  5,  submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  Code  Revision,  Division  No.  5,  to 
whom  was  referred  House  file  No.  67,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  weights,  measures  and  inspection,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration  and  have 


110  JOURNAL  OF  THE  HOUSE.  [Jan.  30, 

instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tioD  that  the  same  do  pass  as  reported  by  the  Code  Commissioners  without 
amendment. 

H.  O.  Weaver, 

Chairman. 

Ordered  passed  on  file. 
Also: 

Mb.  Speakeb — Your  Committee  on  Code  Revision,  Division  No.  5,  to 
whom  was  referred  House  file  No.  68,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  money  of  account  and  interest,  beer  leave 
to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tion that  the  same  do  pass.  H.  O.  VVbavbr, 

Chairman, 

Ordered  passed  on  file. 
Also: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  5,  to 
whom  was  referred  House  file  No.  71,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  sureties,  beg  leave  to  report  that  they 
have  had  the  same  under  consideration  and  have  instructed  me  to  report 
the  same  back  to  the  House  with  the  recommendation  that  the  same  do 
pass. 

H.  O.  Weaver, 

Ohairman. 

Ordered  passed  on  file. 
Also: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  5,  to 
whom  was  referred  House  file  No.  66,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  right  of  property,  beg  leave  to  report 
that  they  have  had  the  same  under  consideration  and  have  instructed  me 
to  report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass  with  the  following  amendments: 

Chapter  1,  page  597,  strike  out  section  182  and  insert  in  lieu  thereof  the 
following:  ^^nonresident  aliens,  or  corporations  corporated  under  the 
laws  of  any  foreign  country,  or  corporations  organized  in  this  country, 
one-half  of  the  stock  of  which  is  owned  and  controlled  by  non-resident 
aliens,  are  prohibited  from  acquiring,  title  to  or  holding  any  real  estate  in 
this  State,  except  as  hereinafter  provided,  save  that  the  widow  and  heirs 
or  devisee  being  nonresident  aliens  of  any  alien  or  naturalized  citizen  who 
has  acquired  real  estate  in  this  State,  may  hold  the  same  by  devisee, 
descent  or  distribution  for  a  period  of  twenty  years,  and  if  at  the  end  of 
that  time  such  real  estate  has  not  been  sold  to  a  bona  fide  purchaser  for 
value,  or  such  alien ^s  heirs  have  not  become  residents  of  this  State,  such 
land  shall  escheat  to  the  State;  provided,  that  nothing  in  this  act  con- 
tained shall  prevent  aliens  from  having  or  acquiring  property  of  any  kind 
within  the  corporate  limits  of  any  city  or  town  in  the  State,  or  lands  not 
to  exceed  three  hundred  and  twenty  acres  in  the  name  of  one  person,  or 
any  stock  in  any  corporation  for  pecuniary  profit,  or  from  alienating  or 


1897.]  JOURNAL  OP  THE  HOUSE.  m 

deyising  the  same.  The  proTisions  of  this*chapter  shall  not  affect  the  dis- 
tributioD  of  personal  property,  and  shall  apply  to  real  estate  heretofore 
devised  or  descended  when  no  proceedings  of  forfeiture  have  been  com- 
menced," which  shall  be  section  1. 

That  section  3  be  numbered  section  2. 

That  section  4  be  numbered  section  3. 

That  section  5  be  numbered  section  4. 

That  section  6  be  numbered  section  5. 

In  chapter  2,  page  599,  strike  out  the  word  "a"  before  the  word  "muni- 
cipal" in  line  2,  section  2,  and  insert  the  words  "any  other"  in  lieu  thereof . 

On  page  600  insert  before  the  word  "vote"  inline  14,  section  6,  the  words 
"yea  and  nay;"  also  before  the  word  "vote"  in  line  17,  section  6,  insert  the 
words  "yea  and  nay." 

In  chapter  8,  section  3,  line  2,  insert  after  the  word  "sane"  the  words 
'* joint  instrument." 

In  chapter  9,  section  5,  line  5,  strike  out  all  of  the  section  after  the 
word  "term." 

H.  O.  Weaver, 

Chairman. 

Ordered  on  file. 

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

Whereas,  Samuel  Murdock  and  Reuben  Noble,  of  Clayton  county,  who 
were  members  of  this  body,  have  recently  departed  this  life;  therefore, 
be  it 

Eeaolvcdy  That  the  Speaker  appoint  a  committee  of  three  to  draft  and 
report  suitable  resolutions  on  the  lives  and  public  services  of  the 
deceased. 

Adopted. 

The  Speaker  appointed  as  such  committee  Messrs.  Sullivan, 
Nolan  and  Mayne. 

Mr.  Lowry  excused  indefinitely  on  account  of  sickness. 

Mr.  Scott  excused  till  Monday. 

The  House  here  look  up  for  consideration  the  pending  bill, 
House  file  No.  83,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  justices  of  the  peace  and  their 
courts. 

The  committee  amendments  had  all  been  adopted  up  to  the 
amendment  to  section  125  yesterday. 

Mr.  Huntley  moved  to  amend  the  committee  amendment 
to  section  125  in  line  5,  by  striking  out  the  words  '*five 
hundred  "  and  insert  **five  hundred  and  fifty;"  in  line  7  strike 
out  the  words  **four  hundred"  and  insert  **five  hundred;" 
also  the  words  **three  hundred"  and  insert  **four  hundred  and 


112  JOURNAL  OP  THE  HOUSE.  [Jan.  30, 

fifty;"  also  in  line  8,  strike  out  the  words  ^'two  hundred  and 
fifty"  and  insert  **four  hundred." 

Lost. 

Amendment  of  the  committee  was  lost  by  a  vote  of  30  yeas 
and  31  nays. 

MESSAGE   PROM  THE   SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Speakbb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked: 

Relative  to  the  adoption  of  a  plan  whereby  time  may  not  be  consumed 
unnecessarily  in  the  Code  work. 

Be  U  resolved  hy  the  Senate,  Ihe  House  concurring^  That  the  joint  committee 
heretofore  appointed  for  the  division  of  the  proposed  Code  into  appropriate 
bills  be  continued  and  instructed  to  report: 

First, — That  means,  if  any,  can  be  devised  whereby  time  may  not  be 
consumed  in  unnecessary  reading  of  the  several  bills  in  each  House. 

Second. — A  plan  whereby  an  agreement,  as  far  as  possible,  may  be  h^d 
on  bills  by  the  respective  committees  of  each  House,  to  which  said  bills 
may  be  referred,  prior  to  the  reporting  of  said  bills  to  either  House. 

Third, — Whether  it  is  advisable,  after  an  agreement  may  be  reached  by 
the  committees,  as  contemplated  in  the  subdivision  2  hereof,  to  make  such 
distribution  of  bills  between  both  Houses  of  the  Legislature  so  that  each 
House  may  not  unnecessarily  consume  time  in  the  consideration  of  the 
the  same  bill. 

Fourth. — Such  further  recommendation  as  may  seem  proper  to  the  com- 
mittee tendinflf  to  a  dispatch  of  business  in  a  manner  conformable  to  the 
Constitution.  They  may  report  a  concurrent  resolution  for  the  considera- 
tion of  both  houses. 

G.  A,  Newman, 

Secretary, 

The  resolution  was  taken  up  by  the  House  and  adopted. 

Mr.  Byington  moved  to  amend  by  striking  out  sections  42 
and  43  and  insert  in  lieu  thereof  section  4796  and  section  4797 
of  McClain's  Code. 

On  a  division  of  the  House,  amendment  was  lost  by  a  vote  of 
29  yeas  and  38  nays. 

Mr.  Porter  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Brady,  Brant, 
Brighton,  Brinton,  Cornwall,  Crow,  Davis,  Doubleday,  Dowell, 
Early,  Edwards,  Pinch,  Prazee,  Good,  Gurley,  Haugen, 
Hauger,  Huntley,  Jackson,  Johnson  of  Webster,  Johnston  of 


1897.]  JOURNAL  OF  THE  HOUSE.  llg 

Franklin,  Klemme,  Loomis,  McAchran,  Martin,  Miller  of  Buena^ 
Vista,  Miller  of  Warren,  Morrison  of  Keokuk,  Nolan,  Parker, 
Porter,  Potter,  Prentis,  Putaam,  Reed,  Smith,  Spaulding, 
Temple,  Thompson,  Watters,  Wells,  Whelan,  Whittier,  Wil- 
liams, Mr.  Speaker — 50. 

The  nays  were: 

Messrs.  Byington,  Clark,  Cook,  Evans,  Frink,  Funk,  Gamer, 
Griswold,  Hazeo.,  Hendershot,  Hinkhouse,  Hinman,  Ladd, 
Lauder,  McArthur,  McDowell,  Mayne,  Merriam,  Morrison  of 
Grundy,  MuUin,  Nietert,  Perrott,  Power,  Ray,  Sullivan,  Van 
Houten,  Weaver,  Wood — 28. 

Absent  or  not  voting: 

Messrs.  Bowen,  Chapman,  Classen,  Grote,  Hayes,  Hunt, 
Jay,  Lambert,  Lavender,  Lowry,  McDonald,  McNulty,  McQuin,. 
Manahan,  Marti,  Miller  of  Cherokee,  Scott,  St.  John,  Tibbitts, 
Voelker,  Wheeler,  Wilson— 22. 

So  the  bill,  having  failed  to  receive  a  constitutional  majority,, 
was  lost. 

The  following  explanation  of  vote  was  filed: 

Mb.  Speakea— I  vote  *'no"  because  sections  42  and  43  were  not 
changed,  and  because  of  the  provision  requiring  payment  of  jury  fee 
in  advance.  O.  A.  Byington. 

The  following  motion  to  reconsider  was  filed: 

Mb  Speaker — I  move  to  reconsider  the  vote  whereby  House  file  No.  83 
was  lost.  J.  H.  Funk. 

I  second  the  motion. 

C.  F.  Johnston, 

Calendar  No.  12,  being  House  file  No.  35,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  Bureau 
of  Labor  Statistics,  with  report  of  committee  recommending  a 
substitute  therefor,  and  that  the  substitute  do  pass,  was  taken 
up  and  considered. 

Mr.  Finch  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  ''Shall  the  bill  pass?"  the  yeas  were: 
Messrs.  Allen,  Bailey,  Baker,  Bird,  Bowen,  Brady,  Brant,. 
Brinton,  Byington,  Clark,  Crow,  Davis,  Doubleday,  Dowell, 
Early,  Edwards,  Evans,  Pinch,  Frazee,  Frink,  Gamer,  Good, 
Griswold,  Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hink- 
house, Hinman,  Jackson,  Johnson  of  Webster,  Johnston  of 
Franklin,  Ladd,  Lauder,  Loomis,  McAchran,  McArthur, 
McDowell,  Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista^ 
8 


114  JOURNAL  OF  THE  HOUSE.  [Jan.  30, 

Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter,  Power,  Pren- 
tis,  Ray,  Smith,  St.  John,  Sullivan,  Thompson,  Van  Houten, 
Weaver,  Wells,  Whelan,  Whittier,  Williams,  Wood,  Mr. 
Speaker — 67. 

The  nays  were: 

Messrs.  Bell,  Brighton,  Cook,  Punk,  Huntley,  Klemme, 
Heed,  Watters— 8. 

Absent  or  not  voting: 

Messrs.  Chapman,  Classen,  Cornwall,  Grote,  Hayes,  Hunt, 
Jay,  Lambert,  Lavender,  Lowry,  McDonald,  McNulty,  McQuin, 
Manahan,  Marti,  Miller  of  Cherokee,  Potter,  Putnam,  Scott, 
Spaulding,  Temple,  Tibbitts,  Voelker,  Wheeler,  WUson— 25. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Morrison  of  Grundy,  moved  that  House  file  No.  58  be 
recommitted. 
Adopted. 

Calendar  No.  15,  House  file  No.  57,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  College  for  the 
Blind,  with  report  of  committee  recommending  passage  with 
amendments,  was  taken  up,  considered  and  the  amendments  of 
the  committee  adopted. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowea,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Clark,  Classen,  Cook, 
Crow,  Davis,  Early,  Edwards,  Evaus,  Pinch,  Frazee,  Prink, 
Funk,  Gamer,  Good,  Griswold,  Gurley,  Haugen,  Hauger, 
Hazen,  Hendershot,  Hinkhouse,  Hinman,  Huntley,  Jackson, 
Johnson  of  Webster,  Johnston  of  Franklin,  Klemme,  Ladd, 
Lauder,  Loomis,  McAchran,  Mc Arthur,  McDowell,  Martin, 
Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Parker,  Perrott,  Porter,  Power,  Prentis,  Ray,  Reed,  Smith, 
St.  John,  Sullivan,  Thompson,  Van  Houten,  Watters,  Weaver 
WeUs,  Whelan,  Whittier,  Williams,  Wood,  Mr.  Speaker— 73. 

The  nays  were: 

None. 


1897.]  JOURNAL  OP  THE  HOUSE.  115 

Absent  or  not  voting: 

Messrs.  Chapman,  Cornwall,  Doubleday,  Dowell,  Grote, 
Hayes,  Hunt,  Jay,  Lambert,  Lavender,  Lowry,  McDonald, 
McNulty,  McQuin,  Manahan,  Marti,  Miller  of  Cherokee, 
Nolan,  Potter,  Putnam,  Scott,  Spaulding,  Temple,  Tibbitts, 
Voelker,  Wheeler,  Wilson— 27. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  16,  bemg  House  file  No.  59,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  School 
for  the  Deaf,  with  report  of  committee  recommending  passage 
with  amendments,  was  taken  up,  considered,  and  the  amend- 
ments of  the  committee  adopted. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

Mr.  Weaver  in  the  chair. 

Mr.  Van  Houten  moved  that  the  bill  be  recommitted. 

Lost. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant, 
Brighton,  Brinton,  Byington,  Clark,  Cook,  Doubleday,  Early, 
Edwards,  Evans,  Finch,  Prazee,  Prink,  Punk,  Gamer,  Good, 
Griswold,  Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hink- 
house,  Hinman,  Huntley,  Jackson,  Johnson  of  Webster,  John- 
ston of  Franklin,  Ladd,  Lauder,  Loomis,  McAchran,  McDoweU, 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of 
Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  MuUin, 
Nietert,  Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Prentis, 
Putnam,  Bay,  Beed,  Smith,  Spaulding,  St.  John,  Sullivan, 
Thompson,  Watters,  Weaver,  Wells,  Whittier,  Williams,  Wood, 
Mr.  Speaker— 70. 

The  nays  were: 

Messrs.  Klemme,  Van  Houten,  Whelan — 3. 

Absent  or  not  voting: 

Messrs.  Brady,  Coapman,  Classen,  Cornwall,  Crow,  Davis, 
Dowell,  Grote,  Hayes,  Hunt,  Jay,  Lambert,  Lavender,  Lowry, 
McArthur,  McDonald,  McNulty,  McQuin,  Manahan,  Marti, 
Miller  of  Cherokee,  Scott,  Temple,  Tibbitts,  Voelker,  Wheeler, 
Wilson— 27. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Speaker  Byers  resumed  the  chair. 

The  Journal  of  yesterday  was  corrected  and  approved. 


116  JOURNAL  OF  THE  HOUSE.  [Jan.  30, 

REPORTS  OF  COMMITTEES. 

Mr.  Finch,  from  the  Committee  on  Ck)de  Revision,  Division 
No.  8,  submitted  the  following  report: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  12,  title  5,  a  bill  for  an  act  to  revise, 
amend,  and  codif/  the  statutes  in  relation  to  city  and  town  government, 
beg  leave  to  report  that  the  said  bill  has  been  transferred  to  the  Com- 
mittee on  Municipal  Corporations,  as  requested. 

P.  FlKCH, 

Chairman. 

So  ordered. 

Mr.  Weaver,  from  the  Committee  on  Code  Revision,  Divis- 
ion No.  5,  submitted  the  following  report: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  5,  to 
whom  was  referred  House  file  No.  75,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  limited  partnership,  beg  leave  to 
report  that  they  have  had  the  same  under  consideration  and  have 
inatruoted  me  to  report  the  same  back  to  the  House*  with  the  recommen- 
dation that  the  same  do  pass. 

H.  O.  Weaver, 

Chairman. 

Ordered  passed  on  file. 
Also: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  5,  to 
whom  was  referred  House  file  No.  76,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  warehousemen,  carriers,  hotel  keepers, 
livery  stable  keepers  and  herders,  beg  leave  to  report  that  they  have  had 
the  same  under  consideration  and  have  instructed  me  to  report  the  same 
back  to  the  House  with  the  recommendation  that  the  same  do  pass. 

H.  O.  Wkavbb, 

Chairman. 

Ordered  passed  on  file. 
Also: 

Mr.  Speaker — Your  Committee  on  Fifth  Division  Code  Revision,  to 

whom  was  referred  House  file  No.  72,  a  bill  for  an  act  to  revise,  amend  and 

codify  the  statutes  in  relation  to  private  seals,  beg  leave  to  report  that 

they  have  had  the  same  under  consideration  and  have  instructed  me  to 

report  the  same  back  to  the  House  with  the  recommendation  that  the  same 

do  pass. 

H.  O.  Weaver, 

Cfiairman. 

Ordered  passed  on  file. 
Also: 

Mr.  Speaker -*Your  Committee  on  Fifth  Division  Code  Revision,  to 
whom  was  referred  House  file  No.  73,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  with  respect  to  assignment  for  creditors,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration  and  have 


1897.]  JOQRNAL  OP  THE  HOUSE.  117 

instructed  me  to  report  the  tame  back  to  the  House  with  the  recommen- 
dation that  the  same  do  pass  with  the  following  amendments: 

Chapter  7,  section  15,  line  4,  after  the  word  '* hands,''  add,  ''if  any 
assi^ee  shall  reside  out  of  the  State  or  become  insane  or  otherwise  incap- 
able of  discharging  the  trust,  the  court  may  upon  ten  days'  notice  to  him, 
or  his  attorney,  remove  him  and  appoint  another  in  his  stead." 

H.  O.  Wkaveb, 

Chainnan. 

Ordered  passed  on  file. 
Also: 

Mb.  Speaker — Your  Committee  on  Fifth  Dirision  Code  Revision,  to 
whom  was  referred  House  file  No.  70,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  laws  with  respect  to  tender,  beg*  leave  to  report  that  they 
have  had  the  same  under  consideration  and  have  instructed  me  to  report 
the  same  back  to  the  House  with  the  recommendation  that  the  same  do 
pass  with  the  following  amendment: 

Strike  out  section  4  of  chapter  4,  on  page  631  of  Black  Code. 

H.  O.  Weaveb, 

Chairman. 

Ordered  passed  on  file. 
Also: 

Mb.  Speakeb— Your  Committee  on  Fifth  Division  Code  Revision,  to 
whom  was  referred  House  file  No.  86,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  criminal  proceedings,  beg  leave  to  report 
that  at  the  request  of  the  Judiciary  Committee  the  same  has  been  trans- 
ferred to  such  committee. 

H.  O.  Weaveb, 

ChcLUrman 

So  ordered. 

The  following  motion  to  reconsider  was  filed: 

Mb.  Spsakeb — I  move  to  reconsider  the  vote  whe)reby  the  amendment 

to  sections  42  and  43,  and  also  amendment  of  House  file  No.  83  to  section 

118,  were  lost. 

Fbank  F.  Mebbiam. 

I  second  the  motion. 

W.  £.  Haugeb. 

Mr.  Martin  was  excused  until  Tuesday. 

Mr.  Johnston,  of  Franklin,  moved  to  adjourn  until  2  p.  M. 
Monday. 

Mr.  Early  moved  to  amend  by  making  it  10  a.  m.  Monday. 

Mr.  Brighton  moved  to  amend  the  amendment  by  making  it 
1:15  p.  M.  Monday. 

On  division  of  the  House  the  motion  of  Mr.  Brighton  was 
carried  by  a  vote  of  41  yeas  to  35  nays. 

The  original  motion  as  amended  was  carried. 

The  House  adjourned. 


118  JOURNAL  OP  THE   HOUSE.  [Feb.  1, 


Hall  of  the  Hoube  of  Repbesbktatiyes,    ) 
DBS  Moms,  Iowa,  Monda/,  February  1, 1807.  ( 

House  called  to  order  at  1:15  p.  m.,  Speaker  Byers  in 
the  chair. 

Prayer  by  Rev.  W.  A.  Black. 

Journal  of  Saturday,  January  30,  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Johnson  of  Webster,  Mullen,  Finch  and  Reed  pre- 
sented petition  of  citizens  of  their  respective  counties,  asking  a 
2-cent  rate  and  iuterchangeable  mileage  books. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Miller  of  Buena  Vista,  Ray,  Ladd  and  Wells  presented 
remonstrances  of  citizens  of  their  respective  counties  against 
a  manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Wells  presented  petition  of  citizens  of  Jasper  county 
asking  that  salaries  of  county  of^cers  be  reduced. 

Referred  to  Committee  on  Compensation  of  Public  Officers. 

A  roll  call  was  then  ordered  to  ascertain  if  there  be  a  quorum 
present,  with  the  following  result: 

Those  present  were: 

Messrs.  Bailey,  Bell,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Clark,  Crow,  Davis,  Doubleday,  Early,  Edwards, 
Evans,  Pinch,  Frazee,  Frink,  Funk,  Garner,  Good,  Gurley, 
Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hinman, 
Johnson  of  Webster ,  Elemme,  Ladd,  Lauder,  Loomis,McAchran, 
McDowell,  Mayne,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  MuUin,  Nietert,  Parker.  Perrott,  Power, 
Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding,  Temple, 
Thompson,  Tibbitts,  Watters,  Wells,  Wheeler,  Whelan,  Whittier, 
Williams,  Wood,  Mr.  Speaker— 61. 

The  absent  were : 

Messrs.  Allen,  Baker,   Bird,  Byiugton,  Chapman,  Classen, 


1897.]  JOURNAL  OF  THE  HOUSE.  119 

Cook,  Comwall,  Dowell,  Griswold,  Grote,  Hayes,  Hunt,  Hunt- 
ley, Jackson.  J*«y,  Johnston  of  Franklin,  Lambert,  Lavender^ 
Lowry,  McArthur,  McDonald,  McNulty,  McQuin,  Manahan^ 
Marti,  Martin,  Merrlam,  Miller  of  Cherokee,  Morrison  of 
Keokuk,  Nolan,  Porter,  Potter,  St.  John,  SullivaD,  VanHouten, 
Voelker,  Weaver,  Wilson — 39. 

There  being  a  quorum  present,  the  House  proceeded  to  the 
consideration  of  House  file  No.  56,  a  bill  for  an  act  to  revise^ 
amend  and  codify  the  statutes  in  relation  to  the  Industrial 
School,  with  the  report  of  the  committee  recommending  pass- 
age with  amendments. 

The  amendments  of  the  committee  were  adopted. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed,  and  the  bill  was  read  a  third  time. 

On  the  question,  "Shall  the  bill  pass?"  the  yeas  were: 
Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Clark.  Crow,  Davis,  Doubleday,  Early,  Edwards, 
Evans,  Pinch,  Frazee,  Frink,  Funk,  Garner,  Good,  Gurley, 
Hanger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman, 
Jackson,  Johnson  of  Webster,  Klemme,  Ladd,  Lauder,  Loomis, 
McAchran,  McDowell,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Mullin,  Nietert,  Parker,  Perrott,  Power, 
Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding,  Sullivan, 
Temple,  Thompson,  Watters,  Weaver,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wood,  Mr.  Speaker— 63. 
Mr.  Tibbitts  voted  in  the  negative. 

Absent  or  not  voting: 

Messrs.  Allen,  Baker,  Bjington,  Chapman,  Classen,  Cook, 
Cornwall,  Dowell,  Griswold,  Grote,  Haugen,  Hunt,  Huntley^ 
Jay,  Johnston  of  Franklin,  Lambert,  Lavender,  Lowry, 
McArthur,  McDonald,  McNulty,  McQuin,  Manahan,  Marti, 
Martin,  Mayne,  Merriam,  Miller  of  Cherokee,  Morrison  of 
Keokuk,  Nolan,  Porter,  Potter,  St.  John,  VanHouten,  Voelker, 
WUson— 86. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  18,  House  file  No.  41,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  State 
Veterinary  Surgeon,  with  report  of  committee  recommending 
passage  without  amendments,  was  taken  up,  considered,  and 
the  report' of  the  committee  adopted. 


120  JOURNAL  OF  THE  HOUSE.  [Feb.  1, 

Mr.  Hayes  in  the  chair. 

Mr.  Finch  moved  that  the  lule  be  suspended  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed,  and  the  bill  was  read  a  third  time. 

Speaker  Byers  resumed  the  chair. 

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

Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Clark,  Cook,  Crow,  Davis,  Doubleday,  Early,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Gamer,  Good,  Haugen, 
Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Jack- 
son, Jay,  Johnson  of  Webster,  Klemme,  Ladd,  Lauder,  Loomis, 
McAchran,  Mc Arthur,  McDowell  Mayne,  MillerofBuena  Vista, 
Miller  of  Warren,  Morrison  of  Grundy,  Mullin,  Nietert, 
Parker,  Perrott,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott, 
Smith,  Spaulding,  Sullivan,  Temple,  Thompson,  Tibbitts, 
Watters,  'Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wood,  Mr.  Speaker— 68. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Baker,  Byington,  Chapman,  Classen,  Corn- 
wall, Dowell,  Griswold,  Grote,  Gurley,  Hunt,  Huntley, 
Johnston  of  Franklin,  Lambert,  Lavender,  Lowry,  McDonald, 
McNulty,  McQuin,  Manahan,  Marti,  Martin,  Merriam,  Miller 
of  Cherokee,  Morrison  of  Keokuk,  Nolan,  Porter,  Potter, 
St.  John,  Van  Houten,  Voelker,  Wilson — 32. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  19,  House  file  No.  50,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  Educa- 
tional Board  of  Examiners,  with  report  of  committee  recom- 
mending passage  with  amendments,  was  taken  up,  considered 
and  the  amendments  of  the  committee  adopted. 

Mr.  Reed  moved  that  the  rule  be  suspended,  and  that 
the  bill  be  considered  engrossed  and  read  a  third  time  now, 
which  motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  * 'Shall  the  bill  pass?"  the  yeas  were: 
Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Clark,  Crow,  Davis,  Doubleday,  Dowell,  Early, 
Edwards,  Evans,  Finch,  Frazee,  Frink,  Funk,  Good,  Gurley, 
Haugen,  Hanger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man, Jackson,  Jay,  Johnson  of  Webster,  Klemme,  Lauder, 
Lavender,   Loomis,  McAchran,   McDowell,*  Mayne,  Miller  of 


1897.]  JOURNAL  OF  THE  HOUSE.  121 

Buena  Vi&ta,  MUler  of  Warren,  Morrison  of  Grundy,  MuUin, 
Nietert,  Parker,  Perrott,  Power,  Prentis,  Putaiam,  Ray,  Reed, 
Scott,  Smith,  Spaulding,  Sullivan,  Temple,  Tibbitts,  Watters, 
Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wood, 
Mr.  Speaker-— 66. 

The  nays  were: 

Messrs.  Garner  and  Thompson — 2. 

Absent  or  not  voting: 

Messrs.  Allen,  Baker,  Byington,  Chapman,  Classen,  Cook, 
Cornwall,  Griswold,  Grote,  Hunt,  Huntley,  Johnston  of  Frank- 
lin, Ladd,  Lambert,  Lowry,  Mc Arthur,  McDonald,  McNulty, 
McQuin,  Manahan,  Marti,  Martin,  Merriam,  Miller  of  Chero- 
kee, Morrison  of  Keokuk,  Nolan,  Porter,  Potter,  St.  John, 
Van  Houten,  Voelker,  Wilson — 32. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  20,  being  House  file  No.  39,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
inspection  of  passenger  boats,  with  report  of  committee  rec- 
ommending passage,  was  taken  up,  considered  and  the  report 
of  the  committee  adopted. 

Mr.  Finch  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  "  Shall  the  bill  pass?  "  the  yeas  were: 
Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brighton,  Brin- 
ton,  Clark,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Gamer,  Good,  Gurley, 
Haugen,  Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Jackson,  Jay,  Johnson  of  Webster,  Klemme,  Ladd, 
Lauder,  Lavender,  Loomis,  McAchran,  McArthur,  McDowell, 
Mayne,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison 
of  Grundy,  MuUin,  Parker,  Perrott,.  Power,  Prentis,  Putnam, 
Bay,  Reed,  Scott,  Smith,  Spaulding,  Sullivan,  Temple, 
Thompson,  Tibbitts,  Watters,  Weaver,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wood,  Mr.  Speaker— 68. 

The  nays  were: 
None. 

Absent  or  not  voting: 

Messrs.  Allen,  Baker,  Brant,  Byington,  Chapman,  Classen, 
Cook,  Cornwall,  Griswold,  Grote,  Hunt,  Huntley,  Johnston 
of  Franklin,  Lambert,  Lowry,  McDonald,  McNulty,  McQuin, 


122  JOURNAL  OP  THE  HOUSE.  [Feb.  1, 

Manahan,  Marti,  Martin,  Merriam,  Miller  of  Cherokee,  Morri- 
son of  Keokuk,  Nietert,  Nolan,  Porter,  Potter,  St.  John, 
Van  Houten,  Voelker,  Wilson— 32. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  21,  being  House  file  No.  48,  a  bill  for  an  act  to 
revise,  amend  and  oodify  the  statutes  in  relation  to  the  regents 
or  trustees  of  State  institutions,  with  report  of  committee 
recommending  passage  with  amendments,  was  taken  up,  con- 
sidered and  the  report  of  the  committee  adopted. 

Mr.  Hauger  mored  to  amend  by  substituting  for  lines  7,  8 
and  9,  section  1,  page  529,  the  following:  "For  the  College  for 
the  Blind,  the  Industrial  Home  for  the  Blind,  each  of  the  Hos- 
pitals for  the  Insane,  the  Industrial  School,  the  Soldiers'  Home, 
five  trustees  each,  and  the  Normal  School  six  trustees,  who 
shall  hold  office  for  six  years." 

Mr.  Ray  moved  to  amend  the  amendment  by  striking  out  the 
words  "the  Industrial  Home  for  the  Blind." 

Adopted. 

Mr.  Bell  moved  to  amend  the  amendment  by  striking  out  the 
words  "the  Soldiers  Home. " 

Adopted. 

Amendment  as  amended  adopted. 

Mr.  Bead  moved  to  amend  section  6,  line  1,  by  striking  out 
the  words  **the  county,"  and  insert  the  words  "congressional 
districts." 

Adopted  on  a  division  of  the  House  by  a  vote  of  32  yeas  to 
28  nays. 

Mr.  Bay  moved  to  amend  section  1,  line  10,  by  inserting 
after  the  words  "feeble  minded"  the  words  "Industrial  Home 
for  the  Blind." 

Adopted. 

Mr.  Potter  moved  to  amend  section  6,  line  3,  by  striking  out 
the  word  "shall"  and  insert  the  word  "may." 

On  a  division  of  the  House  the  amendment  was  adopted  by  a 
vote  of  40  yeas  and  18  nays. 

Mr.  Potter  moved  that  the  bill  go  over  till  to-morrow. 

Carried. 

Calendar  No.  22,  being  House  file  No.  47,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
Soldier's  Home,  with  report  of  committee  recommending  pass- 
age with  amendments,  was  taken  up,  considered  and  the 
amendments  of  the  cocncnlttea  adopted. 


1897.]  JOURNAL  OP  THE  HOUSE.  12» 

Mr.  Sullivan  in  the  chair. 

Mr.  Finch  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

The  Speaker  resumed  the  chair. 

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

Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton^ 
Brinton,  Clark,  Cook,  Crow,  Doubleday,  Dowell,  Edwards, 
Evans,  Pinch,  Frazee,  Frink,  Funk,  Garner,  Griswold,  Gurley, 
Haugen,  Hauger,  Hajes,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Jackson,  Jay,  Johnson  of  Webster,  Klemme,  Ladd, 
Lauder,  Lavender,  Loomis,  McAchran,  McDowell,  Majrne, 
Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy, 
Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott, 
Potter,  Power,  Prentis.  Putnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  Sullivan,  Temple,  Thompson,  Tibbitts,  Van 
Houten,  Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,. 
Williams,  Wood,  Mr.  Spe€kker — 71. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Baker,  Byington,  Chapman,  Classen,  Corn- 
waU,  Crow,  Davis,  Early,  Good,  Grote,  Hunt,  Huntley,  John- 
ston of  Franklin,   Lambert,    Lowry,   MoArthur,   McDonald, 
McNulty,  McQuin,  Manahan,  Marti,  Martin,  Merriam,  Miller  of 
Cherokee,  Porter,  St.  John,  Voelker,  Wilson— 29. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  23,  House  file  No.  65,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  State  Historical 
Society,  with  report  of  committee  recommending  passage,  was 
taken  up,  considered  and  the  report  of  the  committee  adopted. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Clark,  Cook,  Crow,  Davis,  Doubleday,  Dowell,  Early ^ 
Edwards,  Evans,  Finch,  Frazee,  Frink,  Funk,  Garner,  Good, 
Griswold,  Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hinman, 
Jackson,  Jay,  Johnson  of  Webster,  Klemme,  Ladd,  Lauder^ 
Lavender,  Loomis,  McAchran,  McDowell,  Mayne,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 


124  JOURNAL  OF  THE  HOUSE.  [Feb.  1, 

of  Keokuk,  MuUin,  Nietert,  Nolan,  Parker,  Perrott,  Potter, 
Power,  Prentis,  Putnam,  Bay,  Beed,  Scott,  Smith,  Spaulding, 
Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten,  Watters, 
Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wood, 
Mr.  Speaker— 72. 

The  nays  were: 

None. 

Absent  or  not  voting : 

Messrs.  Allen.  Baker,  Byington,  Chapman,  Classen,  Corn- 
wall, Grote,  Gurley,  Haugen,  Hayes,  Hunt,  Huntley,  Johnson 
of  Franklin,  Lowry,  McArthur,  McDonald,  McNulty,  McQuin, 
Manahan,  Marti,  Martin,  Merriam,  Miller  of  Cherokee,  Porter, 
St.  John,  Voelker,  WUson— 28. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  24,  being  House  file  No.  71,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  sureties, 
with  report  of  committee  recommending  passage,  was  taken  up, 
considered  and  the  report  of  the  committee  adopted. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bUl  was  read  a  third  time. 

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

Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  CUrk,  Cook,  Crow,  Davis,  Doubleday,  Dowell,  Early, 
Edwards,  Evans,  Pinch,  Frazee,  Prink,  Punk,  Garner,  Good, 
Griswold,  Haugen,  Hauger,  Hayes,  Hazen,  Hendershot,  Hink- 
house,  Hinman,  Jackson,  Jay,  Johnson  of  Webster,  Klemme, 
Ladd,  Lauder,  Lavender,  Loomis,  McAchran,  McArthur, 
McDowell,  Mayne,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Nolan,  Parker,  Perrott,  Potter,  Power,  Prentis,  Putnam,  Bay, 
Beed,  Scott,  Smith,  Spaulding,  Sullivan,  Temple,  Van  Houten, 
Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wood,  Mr.  Speaker— 73. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Baker,  Byington,  Chapman,  Classen,  Corn- 
wall, Grote,  Gurley,  Hunt,  Huntley,  Johnston  of  Franklin, 
Lambert,  Lowry,  McDonald,  McNulty,  McQuin,  Manahan, 
Marti,  Martin,  Merriam,  Miller  of  Cherokee,  Porter,  St.  John, 
Thompson,  Tibbitts,  Voelker,  Wilson— 27. 


1897.]  JOURNAL  OF  THE  HOUSE.  125 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Lavender  moved  to  adjourn  until  9  a.  m.  to-morrow. 

Lost. 

Mr.  Morrison  of  Keokuk,  moved  that  the  Chief  Clerk  be 
allowed  a  clerk  at  a  rate  not  to  exceed  $3.00  per  day,  and  that 
the  same  clerk  be  discharged  when  the  work  of  bringing  up 
amendments  to  the  Code  is  caught  up. 

Carried. 

Calendar  No.  20,  being  House  JSle  No.  72,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  private  seals, 
with  report  of  committee  recommending  passage,  was  taken  up, 
considered,  and  the  report  of  the  committee  adopted. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Clark,  Cook,  Crow,  Doubleday,  Do  well,  Early, 
Edwards,  Evans,  Pinch,  Frazee,  Prink,  Punk,  Gamer,  Grood, 
Griswold,  Haugen,  Hanger,  Hayes,  Hazen,  Hendershot,  Hink- 
houBe,Hinman,  Jackson,  Jay,  Johnson  of  Webster,  Klemme,  Lau- 
der, Lavender,  Loomis,  McAchran,  McArthur,  McDowell^ 
Mayne,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert,  Nolan,  Parher, 
Perrott,  Potter,  Power,  Prentis,  Putnam,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  Sullivan,  Thompson,  Tibbitts,  Van  Houten, 
Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Mr.  Speaker — 71. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Baker,  Byington,  Chapman,  Classen,  Corn- 
wall, Davis,  Grote,  Gurley,  Hunt,  Huntley,  Johnston  of  Frank- 
lin, Ladd,  Lambert,  Lowry,  McDonald,  McNulty,  McQuin, 
Manahan,  Marti,  Martin,  Merriam,  Miller  of  Cherokee,  Por- 
ter, St.  John,  Temple,  Voelker,  Wilson,  Wood — 29. 

So  the  bill  passed  and  the  title  was  agreed  to. 

On  motion.  Calendar  No.  26,  House  file  No.  75,  a  bill  for  an 
act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
limited  partnership,  with  report  of  committee  recommending 
passage,  was  taken  up,  considered  and  the  report  of  the  com- 
mittee adopted. 


126  JOURNAL  OP  THE  HOUSE.  [Fob.  1, 

Mr.  Bell  in  the  chair. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

Speaker  Byers  ir.  the  chair. 

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

Messrs.  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton,  Brinton, 
Clark,  Cook,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Gamer,  Good,  Griswold, 
Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hendershot,  Hink- 
house,  Hinman,  Jackson,  Jay,  Johnson  of  Webster,  Klemme, 
Lauder,  Lavender,  Loomis,  McAchran,  McArthur,  McDowell, 
Mayne,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert,  Nolan,  Parker, 
Perrott,  Potter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott, 
Smith,  Spaulding,  Sullivan,  Thompson,  Tibbitts,  Walters, 
Weaver,  Wells,  Whelan,  Whittier,  Mr.  Speaker — 69. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Bailey,  Baker,  Byington,  Chapman,  Classen, 
Cornwall,  Grote,  Hunt,  Huntley,  Johnston  of  Franklin,  Ladd, 
Lambert,  Lowry,  McDonald,  McNulty,McQuin,  Manaban,  Marti, 
Martin,  Merriam,  Miller  of  Cherokee,  Porter,  St.  John,  Temple, 
Van  Houten,  Voelker,  Wheeler,  Williams,  Wilson,  Wood — 31. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Miss  Cora  Bell  was  appointed  and  duly  qualified  as  clerk  of 
the  Committee  on  Military. 

On  motion  of  Mr.  Bay,  the  House  adjourned  until  9  a.  m 
to-morrow. 


1897.]  JOURNAL  OP  THE  HOUSE.  127 


Hall,  of  thx  House  of  Befbssbntativbs,     i 
Des  Monrss,  Iowa,  Tuesday,  February  2,  1897.  ) 

The  House  met  at  9  a.  m.,  with  Speaker  Byers  in  the  chair. 
Prayer  was  offered  by  Mrs.  C.  P.  Stetson  of  California. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Prentis,  Wells,  Bay,  Temple  and  Bell,  presented 
remonstrances  of  citizens  of  their  respective  counties  against  the 
passage  of  a  manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Baker,  Bell,  Gramer,  Brady,  Hendershot,  Mayne, 
Scott,  Beed,  Potter,  Lavender  and  Dowell  presented  petitions 
of  citizens  of  their  respective  counties,  asking  for  a  2-cent  rate 
on  railways  and  interchangeable  mileage  books. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Loomis  presented  remonstrance  of  citizens  of  Jones 
county  against  any  change  in  the  laws  allowing  appropriations 
to  county  and  district  fairs.* 

Referred  to  Committee  on  Agriculture. 

Mr.  Watters  presented  remonstrance  of  citizens  of  Muscatine 
county  agafhst  the  provisions  of  sections  21,  22  and  28  in.the 
pending  bill  in  relation  to  the  revenue. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Smith  presented  petition  of  citizens  of  Greene  county, 
asking  for  the  passage  of  a  law  whereby  the  board  of  county 
supervisors  of  each  county  shall  be  required  to  check  the 
books  and  accounts  of  each  county  officer  once  each  year. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Sullivan  filed  the  following  report: 

Mb.  Sfbakbb — Your  committee  to  draft  resolutions  on  the  death 
of  Hon.  Reuben  Noble,  beg  leave  to  submit  the  following  report: 

Whereas,  An  all- wise  ProTldence  has  removed  from  this  transitory  life 
Judge  Reuben  Noble,  full  of  years  and  honors,  to  a  better  and  more 
certain  existence. 


128  JOURNAL  OP  THE  HOUSE.  [Feb  2, 

Whbbeas,  Judge  Noble  was  one  of  the  sturdy  pioneers  of  early  Iowa 
who  was  largely  responsible  for  the  commanding  position  our  State 
occupies  to-day  among  her  sister  states. 

And,  as  he  was  not  only  identified  with  the  early  material  development 
of  our  State,  but  was  one  of  the  influential  pioneer  law-makers  and  was  an 
active  member  of  that  honorable  organization,  known  as  the  Pioneer 
Law-makers  of  Iowa,  at  the  time  of  his  death;  now  therefore,  be  it 

Resolved^  asfolU/wa:    That  w«  recognize  the  commanding  influence  for 

good  of  such  a  positive  and  aggressive  character  as  Judge  Noble.     That 

we  fully  appreciate  and  regret  the  loss  to  Iowa  in  the  death  of  such  a 

man.     That  we  tender  to  his  family  our  sincere  and  lasting  sympathy  for 

their  irreparable  loss.     That  we  extend  to  his  surviving  associates  in  the 

Pioneer  Law-makers*  association  of  Iowa  our  sympathy  and  affection,  and 

with  the  hope  while  the  years  go  by  and  the  little  band  of  Iowa's  early 

law-makers  grow  smaller    and  smaller  that  they  may  ever  cherish  and 

revere  the  memory  of  Judge  Reuben  Noble,  of  Clayton  county,  a  man 

that  lived  in  one  counby  for  nearly  one-half  a  century  without  reproach. 

That  the  clerk  of  this  House  shall    send    to    Mrs.    Reuben    Noble    at 

McGregor,  Iowa,  a  copy  of  these  resolutions. 

T.  J,  SuiiLiVAir, 

Thos.  F.  NOLAJf, 

Samusl  Maynx. 

Adopted  unanimously  by  a  rising  vote. 

Also: 

Mb.  Speaker — Your  Committee  to  draft  resolutions  on  the  death  of 
Hon.  Samuel  Mardock  respectfully  report  as  follows: 

WnzstsAs,  An  all-wise  Father  has  taken  to  Himself  Judge  Samuel 
Murdock,  after  permitting  him  to  survive  beyond  the  allotted  time  of 
man;  and, 

Whereas,  Judge  Murdock  for  over  one-half  of  a  century  was  inti- 
mately connected  with  the  material  development  of  Iowa;  and  as  he  was 
one  of  the  pioneer  law-makers  of  this  state,  and  was  always,  during  his 
long  life,  intimately  associated  with  the  enactment  and  enforcement  of 
our  laws;  therefore,  be  it 

Resolved,  asfoUowa:  That  we  are  fully  sensible  of  the  losito  the  State  of 
the  early  pioneers  of  Iowa,  of  which  Judge  Murdock  was  a  striking  exam- 
ple. That  we  appreciate  that  such  men  possessing  the  energy,  capacity 
and  character  of  Judge  Murdock  were  largely  responsible  for  the  intelli- 
gence, progressive  spirit  and  high  state  of  civilization  found  in  Iowa  to-day. 
That  as  Judge  Murdock  was  a  member  of  that  band  of  Pioneer  Law-makers 
of  Iowa,  that  as  the  years  go  by  become  smaller  and  smaller,  we  extend  to 
that  association  our  sympathy  and  condolence  in  the  loss  they  have  sus- 
tained in  his  death.  That  to  his  family,  to  whom  he  was  so  much,  we 
extend  to  them  our  sympathy  and  affection,  with  the  thought  expressed 
that  they  have  a  goodly  heritage  in  the  memory  of  the  noble,  loving  and 
self-saciiflcing  life  of  Judge  Samuel  Murdock. 

That  the  clerk  of  this  House  shall  send  to  Mrs.   Samuel  Murdock  at 

Elkader,  Iowa,  a  copy  of  these  resolutions. 

T.  J.  Sullivan, 

Thos.  F.  N01.AN, 

Samuel  Matnb, 


1897.]  JOURNAL  OF  THE  HOUSE.  12& 

Adopted  unanimously  by  rising  vote. 

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

Resolved  by  the  HoiMCj  the  Senate  concurring^  That  the  Secretary  of 
State  be  and  is  hereby  instructed  to  furnish  to  all  members  and  officers  of 
the  General  Assembly  needing  the  same,  letter  heads  and  enyelopes  similar 
to  those  provided  by  the  last  General  Assembly. 

Adopted. 

MESSAGES  FROM  THE  SENATE. 

The  following  messages  were  received  from  the  Senate: 

Mb.  Speak eb— I  am  directed  to  inform  your  honorable  body  that  the* 
Senate  has  passed  the  following*  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked: 

Relative  to  the  conference  of  committies  of  the  two  Houses  on  Code- 
bUls. 

Resolved  by  the  SenxOe^  the  House  concurring,    That  the  committees   of 

the  two  Houses  to  which  hare  been  referred  the  several  Code  bills,  shall 

confer  before  reporting  said  bills  to  their  respective  Houses,  in  order  that 

an  agreement  may  be  had,  if  possible,  on  said  bills  before  they  are  reported,. 

and  recommend  that  the  same  do  pass. 

Geo.  a.  Newman, 

Secretary^ 
Also: 

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

Senate  file  No.  66,  a  bill  for  an  act  to  revise,  amend  and  codify  bhe 
statutes  in  relation  to  sureties. 

Geo.  a.  Nbwman, 

Secretary. 

Also: 

Mb.  Speakeb— I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  bill,  in  which  the  concurrenee  of  the  House 
is  asked: 

Senate  file  No.  58,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  county  high  schools. 

Geo.  a.  Newman, 

Secretary. 

Also: 

Mb.  Speakeb— I  am  directed  to  inform  your  honorable  body  that  th^ 
Senate  has  amended  the  title  and  passed  the  following  bill,  in  which  the 
concurrence  of  the  House  is  asked: 

House  file  No.  49,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  the  Superintendent  of  Public  Instruction. 

Geo.  a.  Newman, 

Secretary. 
9 


180  JOURNAL  OF  THE  HOUSE.  [Feb.  2, 

Also: 

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

Senate  file  No.  3,  a  bill  for  an  act  to  revise,  amend  and  codify  the  laws 
in  relation  to  township  and  connty  government. 

Gxo.  A.  Nkwman, 

Secretary. 

The  concurrent  resolution  just  messaged  over  from  the 
JSenate  was  taken  up  and  adopted. 

SENATE  MESSAGES. 

Senate  file  No.  66,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  sureties,  was  read  first  and  second 
time. 

Upon  motion  of  Mr.  Funk  the  rule  was  suspended  and  the 
bill  considered  now. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  read  a  third  time  now,  which  motion  prevailed  and  the 
bill  was  read  a  third  time. 

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

Messrs.  Bailey,  Baker,  BeU,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Clark,  Cook,  Comwadl,  Crow, 
Doubleday,  Dowell,  Edwards,  Evans,  Finch,  Frazee,  Frink, 
Funk,  Garner,  Good,  Griswold,  Grote,  Gurley,  Haugen, 
Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  Jack- 
son, Johnson  of  Webster,  Klemme,  Ladd,  Lambert,  LAuder, 
Lavender,  Loomis,  Lowry,  McAchran,  McDonald,  McDowell, 
McQain,  Marti,  Mayne,  Merriam,  Miller  of  Buena  Vista, 
Miller  of  Warren,  Morrison  of  Grundy,  Mullin,  Nietert,  Nolan, 
Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam, 
Bay,  Reed,  Scott,  Smith,  St.  John,  Sullivan,  Temple,  Thomp- 
son, Tibbitts,  Van  Houten,  Voelker,  Watters,  Weaver,  Wells, 
Wheeler,  Whelan,  Whittier,  Williams,  Wilson,  Mr.  Speaker 
—88. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Chapman,  Classen,  Davis,  Early,  Hayes, 
Huntley,  Jay,  Johnston  of  Franklin,  McArthur,  McNully, 
Manahan,  Martin,  Miller  of  Cherokee,  Morrison  of  Keokuk, 
Spaulding,  Wood, — 17. 

So  the  bill  passed  and  the  title  was  agreed  to. 


1897.]  JOURNAL  OP  THE  HOUSE.  181 

Senate  file  No.  8,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  township  and  county  government, 
was  read  first  and  second  time  and  referred  to  Committee  on 
Ck>unty  and  Township  Organization. 

Senate  file  No.  58,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  county  high  schools,  was  read 
first  and  second  time  and  referred  to  Committee  on  School  and 
Text  Books. 

The  House  here  took  up  House  file  No.  49,  with  Senate 
amendments  to  the  title,  and  on  motion  of  Mr.  Funk,  the 
House  concurred  in  the  Senate  amendments. 

Upon  motion  of  Mr.  Weaver,  House  file  No.  71  was  indefi- 
nitely postponed,  it  being  identical  with  the  Senate  file  just 
passed. 

Mr.  Funk  called  up  his  motion  to  reconsider  the  vote  whereby 
House  file  No.  83  ygas  lost. 

The  motion  carried. 

Mr.  Funk  moved  to  reconsider  the  vote  whereby  House  file 
No.  88  passed  to  its  third  reading. 

Carried. 

Mr.  Merriam  called  up  his  motion  to  reconsider  the  vote 
whereby  the  motion  to  substitute  sections  4796  and  4797  of  Mc- 
Clain's  Code  in  lieu  of  section's  42  and  48  was  lost. 

Carried. 

Mr.  Loomis  moved  the  previous  question. 

Carried. 

The  motion  to  substitute  sections  4796  and  4797  for  sections 
42  and  43  was  then  put  and  carried. 

Mr.  Hauger  called  up  the  motion  to  reconsider  the  vote 
whereby  the  amendment  to  section  118  was  lost. 

Motion  carried. 

Mr.  Brant  moved  to  amend  the  amendment  to  section  118 'as 

am 

follows : 

Mb.  Spbakeb — I  move  to  amend  the  amendment  by  striking*  out  all 
after  the  word  **juror,*'  in  line  2, 'and  to  insert  after  the  first  word  **jury," 
in  the  second  line  the  words,  *4n  civil  actions." 

Lost. 

On  the  amendment  to  section  118,  to  strike  out  all  after  the 
word  ''cost,"  the  yeas  and  nays  were  demanded  by  Messrs. 
Mc Arthur  and  Merriam,  which  resulted  as  follows: 

On  the  question,  '*Shall  the  amendment  be  adopted?" 
The  yeas  were: 


182  JOURNAL  or  THE  HOUBE.  [F^b.  2, 

Messrs.  Bailey,  Bird,  Bowen,  Brant,  Brighton,  Brinton» 
Byingtoo,  Edwards,  Evans,  Finchi  Frazee,  Frink,  Griswold, 
Haugen,  Hauger,  Hayes,  Hazen,  Jackson,  Johnston  of  Frank- 
lin, liadd,  Lauder,  Loomis,  Lowry,  McArthur,  McDonald, 
McDoweU,  McQuin,  Mayne,  Merriam,  Miller  of  Buena  Vista, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Parker,  Porter,  Putnam,  Bay,  Spaulding,  St.  John,  Temple, 
Thompson,  Tibbitts,  Weaver,  Whittier,  Wood— 46. 

The  nays  were: 

Messrs.  Baker,  Bell,  Brpdy,  Clark,  Cook,  Cornwall,  Crow, 
Davis,  Doubleday,  Dowell,  Funk,  Gamer,  Good,  Gurley, 
Hendershot,  Hlnkhouse,  Hinman,  Hunt,  Johnson  of  Webster, 
IQemme,  Lambert,  McAchran,  McNulty,  Marti,  Miller  of 
Warren,  Nolan,  Perrott,  Potter,  Power,  Prentis,  Reed,  Scott, 
Smith,  Sullivan,  VanHouten,  Voelker,  Watters,  Wells, 
Wheeler,  Whelan,  Williams,   Wilson,  Mr.^Speaker — 48. 

Absent  or  not  voting: 

Messrs.  Allen,  Chapman,  Classen,  Early,  Grote,  Huntley, 
Jay,  Lavender,  Manahan,  Martin,  Miller  of  Cherokee — 11. 

Amendment  adopted. 

Mr.  Frink  moved  that  the  rule  be  suspended,  and  that 
the  bill  be  engrossed  and  read  a  third  time  now,  which  motion 
prevailed  and  the  bill  was  read  a  third  time. 

Mr.  Tibbitts  moved  that  only  those  sections  of  the  bill  be 
read  which  have  been  amended  by  the  committee  or  changed 
from  the  old  law  by  the  Code  Commissioners. 

Mr.  Morrison  of  Grundy  objected  and  insisted  that  the  bill 
be  read  in  full,  whereupon  the  clerk  read  the  bill. 

Mr.  Tibbitts  in  the  chair. 

Speaker  Byers  resumed  the  chair. 

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

Messrs.  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Clark,  Cook,  Cornwall,  Crow, 
Doubleday,  Dowell,  Edwards,  Evans,  Pinch,  Frazee,  Prink, 
Punk,  Good,  Griswold,  Gurley,  Haugen,  Hauger,  Hazen, 
Hendershot,  Hinkhouse,  Hinman,  Jackson,  Jay,  Johnson  of 
Webster,  Klemme,  Lambert,  Lauder,  Lavender,  Loomis, 
Lowry,  McAchran,  McArthur,  McDonald,  McDowell,  McNulty, 
McQuin,  Marti,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller 
of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nietert,  Nolan,  Parker,  Perrott,  Porter,  Prentis,  Putnam, 
Ray,  Reed,  Scott,  Smith,  Spaulding,  Sullivan,  Thompson, 
Tibbitts,    Van   Houten,    Voelker,    Watters,    Weaver,   Wells, 


1897.]  JOURNAL  OF  THE  HOUSE.  138 

Wheeler,  Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr. 
Speaker — 81. 

The  nays  were; 

Messrs.  Potter  and  Power — 2. 

Absent  or  not  voting: 

Messrs.  Allen,  Chapman,  Classen,  Davis,  Early,  Garner, 
Grote,  Hayes,  Hunt,  Huntley,  Johnston  of  Frank]in,'Ladd,  Man- 
ahan,  Martin,  Miller  of  Cherokee,  St.  John,  Temple — 17. 

So  the  bill  passed  and  the  title  as  amended  was  agreed  to. 

At  this  juncture,  Mr.  Byington  in  a  few  well  chosen  words 
presented  the  Speaker  witha  gavel  made  by  L.  S.  Swafford,  of 
Iowa  City,  from  wood  taken  from  the  first  capitol  building  of 
the  Territory  of  Iowa  by  W.  P.  Conklin,  of  Iowa  City,  formerly 
first  assistant  secretary  of  the  Iowa  Senate  of  the  Twenty- 
fourth  General  Assembly. 

The  Speaker  responded  neatly  in  a  short  speech. 

Mr.  Smith  offered  the  following  concurrent  resolution  and 
moved  its  adoption. 

Whbbbas,  Hon.  James  WUson,  professor  of  Ames,  Iowa,  Agricultural 
Colle^fe,  has  been  honored  with  a  position  in  President-elect  William 
McKlnley's  cabinet,  as  Secretary  of  Agriculture;  and, 

Whebeas,  The  members  of  the  Twenty-sixth  General  Assembly  of 
Iowa,  have  full  confidence  in  his  ability  and  integrity  to  fill  said  office  to 
the  credit  of  the  agricultural  interests  of  the  Nation,  and  with  honor  to 
the  State  of  Iowa;  therefore,  be  it 

Fesolvedy  That  we  extend  congratulations  to  Hon.  James  Wilson  and  to 
all  who  are  engaged  in  agricultural  pursuits  everywhere. 

Resolved^  That  the  clerks  of  the  House  and  Senate  be  instructed  to  for- 
ward a  copy  of  the  above  to  Prof.  James  Wilson,  also  that  a  copy  be  sent 
to  President-elect  Wm.  McKinley. 

Adopted  unanimously  by  a  rising  vote. 

Upon  motion  of  Mr.  Morrison  of  Keokuk,  the  Speaker 
appointed  as  a  committee  to  notify  Mr.  Wilson  of  the  resolut  ion 
jusn  adopted,  also  to  conduct  him  to  the  Speaker's  chair,  Messrs. 
Jackson,  Morrison  of  Keokuk  and  Smith. 

Mr.  Wilson  was  then  conducted  to  the  Speaker's  chair  and 
addressed  the  House. 

Calendar  No.  29,  being  House  file  No.  78,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  assign- 
ments for  creditors,  with  report  of  committee  recommending 
passage  with  amendments,  was  taken  up,  considered  and  the 
amendments  of  the  committee  adopted 


134  JOURNAL  OF  THE  HOUSE.  [Feb.  2, 

Mr.  Weaver  moved  to  strike  t)ut  the  words  *  *two- thirds'*  in 
section  15,  line  1,  and  insert  in  lieu  thereof  the  words  ' 'one- 
half;"  also,  before  the  word  ' 'amount"  to  insert  the  words 
* 'two-thirds  in." 

Adopted. 

Mr.  McNulty  moved  to  amend  line  8,  section  4,  by  adding 
after  the  word  "debtor"  the  words  "or  the  creditor." 

Lost. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

;  Messrs.  Bailey,  Baker,  Bell,  Bird,  Brady,  Brighton,  Brin- 
ton,B5ington,  Clark,  Ck>ok,  Ciomwall,  Crow,  Davis,  Doubleday, 
Dowell,  Edwards,  Evans,  Finch,  Frazee,  Frink,  Funk,  Grood, 
Griswold,  Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hender- 
shot,  Hinkhouse,  Hinman,  Hunt,  Huntley,  Jackson,  Jay, 
Johnson  of  Webster,  Johnston  of  Franklin,  Klemme,  Ladd, 
Lambert,  Lauder,  Lavender,  L3omis,  Lowry,  McAchran, 
Mc Arthur,  McDonald,  McDowell,  McNulty,  McQuin,  Marti, 
Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison 
of  Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert,  Nolan, 
Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam, 
Ray,  Reed,  Scott,  Smith,  Spauldiug,  St.  John.  Sullivan, 
Temple,  Thompson,  Tibbitts,  Van  Houten,  Watters,  Weaver, 
Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson,  Wood, 
Mr.  Speaker — 87. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Bowen,  Brant,  Chapman,  Classen,  Early, 
Garner,  Grote,  Manahan,  Martin,  Mayne,  Miller  of  Cherokee, 
Voelker— 18. 

So  the  bill  passed  and  the  title  was  agreed  to. 

REPORT  OF  COMMITTEE. 

Mr.  Brinton,  from  the  Committee  on  Code  Revision,  Division 
No.  4,  submitted  the  following  report: 

Mr.  Spbakbb — Your  Committee  on  Code  Revision,  Diyision  No.  4,  to 
whom  was  referred  House  file  No.  58,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  the  ^'Industrial  Home  for  the  Blind," 
beg  leave  to  report  that  they  have  had  the  same  under  consideration  and 
have  instructed  me  to  report  the  same  back  to  the  house  with  the  recom- 
mendation that  the  same  do  pass,  with  the  following*  amendments: 


1897.]  JOURNAL  OF  THE  HOUSE.  135 

Page  555,  section  1,  line  6,  insert  after  the  word  ** therein"  the  words, 
**and  every  indigent  adult  blind  person  of  the  state  having  such  residence 
may  be  admitted." 

Page  555,  section  2,  line  1,  strikeout  the  word  **8iz"  and  insert  ^^three,**^ 
and  insert  in  same  line,  after  the  word  **trustees,"  the  words  **one  of 
whom  shall  be  a  woman. " 

Page  555,  section  3,  strike  out  all  of  line  4,  after  the  word  **duties,"  all 
of  line  5,  and  the  word  **ses8ion"  in  line  6,  and  insert  the  words,  **act  as. 
an  auditing  board." 

M.  H.  Brinton, 

Chairman, 

Ordered  passed  on  file. 

Journal  of  yesterday  corrected  and  approved. 

Upon  motion  of  Mr.  Finch,  House  file  No.  48  was  recom- 
mitted. 

Upon  motion  of  Mr.  McArthur,  House  adjourned  till  9  a.  m. 
to-morrow. 


186  JOURNAL  OP  THE  HOUSE.  [Feb.  3, 


Hall  of  the  House  of  Representatives,     ) 
Des  Moines,  Iowa,  Wednesday,  February  3, 1807.  f 

House  called  to  order  at  9  a.  m.  ,  Speaker  Byers  in  the  chair 
Prayer  by  Rev.  Edwin  Ewell  of  Clarion,  Iowa. 
Mr.  Perrott  ^as  excused  on  account  of  sickness. 

PETITIONS  AND  MEMORIALS. 

Mr.  Speaker  and  Messrs.  Brant,  Marti,  Bay,  Thompson, 
Wheeler,  Bell  and  Hauger,  presented  petitions  of  citizens  of 
their  respective  counties  asking  a  2- cent  rate  on  railroads  and 
an  interchangeable  mileage  book. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Speaker  presented  remonstrance  of  citizens  of  Shelby 
county  against  discrimination  against  county  and  district  fairs 
in  the  matter  of  appropriation. 

Referred  to  Committee  on  Appropriations. 

Mr.  Speaker  and  Mr.  Voelker  presented  remonstrances  of 
citizens  of  Shelby  and  Dubuque  counties,  respectively,  against 
raising  the  present  assessed  value  of  property  to  a  full  cash 
value. 

Referred  to  Committee  on  Ways  and  Means. 

Messrs.  Ladd,  Classen  and  Wheeler  presented  remonstrances 
of  citizens  of  their  respective  counties  against  a  manufacturers' 
bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Putnam  presented  memorial  of  Business  Men's  associa- 
tion of  Council  Bluffs  in  favor  of  a  manufacturers'  bill. 
Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Nolan  presented  remonstrance  of  County  Auditors' 
association  against  a  change  in  the  law  for  dividing  mulct  tax 
revenue. 

Referred  to  Committee  on  Municipal  Corporations. 


1897.]  JOURNAL  OP  THE  HOUSE.  137 

Mr.  Allen  presented  petition  of  citizens  of  Van  Buren  cour  ty 
asking  the  repeal  of  sections  2  and  8,  chapter  68,  acts  Twenty- 
fourth  General  Assembly,  relating  to  steam  engines  and  public 
highway. 

Referred  to  Committee  on  Roads  and  Highways. 

Mr.  Morrison  of  Keokuk,  presented  memorial  of  citizens  of 
Keokuk  county,  asking  an  amendment  to  the  present  mulct 
law. 

Referred  to  Committee  on  Municipal  Corporations. 

Mr.  Walters  presented  memorial  of  citizens  of  Muscatine 
county  asking  for  a  2i-cent  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Nolan  presented  petition  of  citizens  of  Dubuque  county 
containing  some  proposed  legislation  relative  to  survey  and 
surveying,  and  recommendations  of  Association  of  Civil  Engi- 
neers and  Surveyors,  made  through  legislative  committee  of 
association. 

Referred  to  Committee  on  Roads  and  Highways. 

Mr.  Hinkhouse  offered  the  following  resolution  and  moved 
its  adoption: 

Whbreas,  WUliam  P.  Wolf  of  Cedar  county,  who  was  Speaker  of 
the  Twentieth  General  Assembly,  has  recently  departed  this  life;  there- 
fore, be  it 

Resolvedf  That  the  Speaker  appoint  a  committee  to  draft  and  report 
to  this  House  such  resolutions  as  will  fittingly  commemorate  the  life  and 
public  seryices  of  the  deceased. 

Adopted. 

The  Speaker  appointed  as  such  committee  Messrs.  Hink- 
house, Hayes  and  Brant. 

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

Resolved  by  the  House,  the  Senate  concurrivg,  That  the  Clerk  of  the  House 
and  the  Secretary  of  the  Senate  are  hereby  instructed  to  certify  to  the  Sec- 
retary of  State  the  names  of  all  newspaper  reporters  to  whom  desks  hare 
been  assiprned,  and  that  they  shall  be  allowed  stationery  to  the  amount  of 
one  dollar  per  week  each;  provided,  that  no  allowance  be  made  to  any  person 
who  is  otherwise  receiving  compensation  for  services  rendered  the  State. 

Adopted. 

REPORTS  OF  COMMITTEES. 

Mr.  Beed,  from  the  Committee  on  'School  and  Text  Books, 
submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  School  and  Text  Books,  to  whom 
was  referred  House  file  No.  60,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  county  hifrh  schools,  beg  leave  to  report 
that  they  have  had  the  same  under  consideration  and  have  instructed  me 
to  report  the  same  back  to  the  House  with  the  recommendation  that  the 


136  JOURNAL  OF  THE  HOUSE.  [Feb.  3, 

same  be  indefinitely  postponed,  as  Senate  file  No.  58  coTers  the  same  sub- 
ject. 

J.  F.  Rked, 

Chairman, 

Ordered  passed  on  file. 
Also: 

Mb.  Speaker — Your  Committee  on  School  and  Text  Books,  to  whom  was 
referred  Senate  file  No.  58,  a  bill  for  an  act  to  revise,  amend  and  oodify  the 
statutes  in  relation  to  county  high  schools,  beg  leave  to  report  that  they 
have  had  the 'same  under  consideration  and  have  instructed  me  to  report 
the  same  back  to  the  House  with  the  recommendation  that  the  same  do 
pass. 

J.  F.  Bebd, 
Chairman. 

Ordered  passed  on  file. 

On  motion  of  Mr.  Reed,  Senate  file  No.  58,  a  bill  for  an  act 
to  revise,  amend  and  codify  tkie  statutes  in  relation  to  county 
high  schools,  with  report  of  committee  recommending  passage, 
was  taken  up,  considered  and  the  report  of  the  committee 
adopted. 

Mr.  Reed  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  read  a  third  time  now,  which  motion  prevailed  and  the 
bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook» 
Cornwall,  Crow,  Davis,  Dowell,  Early,  Edwards,  Evaas,  Finch, 
Frazee,  Frink,  Funk,  Garner,  Grood,  Griswold,  Gurley, 
Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman, 
Hunt,  Huntley,  Jay,  Johnson  of  Webster,  Klemme,  Ladd, 
Lambert,  Lauder,  Loomis,  Lowry,  McAchran,  McArthur, 
McDowell,  Marti,  Martin,  Mayne,  Merriam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Porter,  Potter, 
Power,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding, 
St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten, 
Voelker,  Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier, 
Williams,  Wilson,  Mr.  Speaker— 86. 

Mr.  McDonald  voted  in  the  negative. 

Absent  or  not  voting : 

Messrs.  Baker,  Doubleday,  Grote,  Haugen,  Jackson,  John- 
ston of  Franklin,  Lavender,  McNulty,  McQuin,  Manahan,. 
Miller  of  Cherokee,  Perrott,  Wood— 13. 

So  the  bill  passed  and  the  title  was  agreed  to. 


1897.]  JOURNAL  OF  THE  HOUSE.  18» 

Upon  motion  of  Mr.  Beed,  the  report  of  the  committee 
recommending  that  House  file  No.  60  be  indefinitely  post- 
poned was  adopted. 

MESSAGES  FROM  THE  SENATE. 

The  following  messages  were  received  from  the  Senate: 

Mb.  Speaker — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  concurred  in  the  foUowin^^  concurrent  resolution,  in  which  the 
concurrence  of  the  Senate  was  asked: 

Relative  to  the  appointment  of  Hon.  James  Wilson  to  the  cabinet  of 

President-elect  William  McKinley. 

Geo.  a.  Newman, 

Secretary. 

Also: 

Mb.  Speaker — I  am  directed  to  inform  your  honorable  body  that  the 

Senate  returns  the  following  bill: 

House  file  No.  83,  as  requested  by  the  House. 

Geo.  a.  Newman, 

Secretary. 

Also: 

Mb.  Speaker— I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  concurrent  resolution  in  which  the  con- 
currence of  the  House  is  asked,  relatire  to  furnishing  stationery  for  mem- 
bers of  the  Senate  and  House: 

Be  U  Resolved  by  the  General  Assembly  of  the  State  of  lowa^  That  the 

Secretary  of  State  be  directed  to  furnish  suitable  stationery  for  the  use  of 

the  Senate  and  House. 

Geo.  a.  Newman, 

Secretary, 

Calendar  No.  80,  House  file  No.  70,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  tender,  with  report 
of  committee  recommending  passage  as^amended,  was  taken 
up  and  considered. 

Mr.  Power  moved  to  amend  the  committee  amendment  by 
striking  out  all  after  the  words  **United  States,"  in  section  4. 

Lost. 

Amendment  of  committee  adopted. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Edwards,  Evans,  Pinch, 
Prazee,  Prink,  Punk,  Good,  Griswold,  Gurley,  Hauger,  Hayes, 
Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  Huntley,  Jack- 
son, Jay,  Johnson  of  Webster,  Johnston  of  Pranklin,  Klemme, 


140  JOURNAL  OF  THE  HOUSE.  [Feb.  3, 

Ladd,  Lftmbert,  Lauder,  Loomis,  Lowry,  McAchran,  McDonald, 
McDowell,  Marti,  Martin,  Mayne,  Merrlam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Porter,  Potter,  Power, 
Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding,  St.  John, 
Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten,  Voelker, 
Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wilson,  Mr.  Speaker— 87. 

Mr.  Gramer  voted  in  the  negative. 

Absent  or  not  voting: 

Messrs.  Dowell,  Barly,  Grote,  Haugen,  Lavender,  McArthur, 
McNulty,  McQuin,  Manahan,  Miller  of  Cherokee,  Perrott, 
Wood— 12. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  31,  House  file  No.  68,  a  bill  for  an  act  to  revise, 
amend,  and  codify  the  statutes  in  relation  to  money  of  account 
on  interest,  with  report  of  committee  recommending  passage, 
was  taken  up,  considered  and  the  report  of  the  committee 
adopted. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brighton, 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall, 
Crow,  Davis,  Doubleday,  DoweU,  Edwards,  Evans,  Finch, 
Frazee,  Frink,  Funk,  Gamer,  Good,  Griswold,  Gurley, 
Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman, 
Hunt,  Huntley,  Jackson,  Jay,  Johnston  of  Franklin,  Klemme, 
Ladd,  Lambert,  Lauder,  Loomis,  Lowry,  McAchran,  McArthur, 
McDonald,  McDowell,  Marti,  Martin,  Mayne,  Merriam,  Miller 
of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morri- 
son of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Porter,  Potter, 
Power,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding, 
Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten,  Voelker, 
Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wilson,  Mr. Speaker — 86. 

The  nays  were : 

None. 

Absent  or  not  voting: 

Messrs.  Baker,  Brant,  Early,  Grote,  Haugen,  Johnson  of 
Webster,   Lavender,  McNulty,  McQuin,  Manahan,   Miller  of 


3897.]  JOURNAL  OF  THE  HOUSE.  141 

Cherokee,  Perrott,  St.  John,  Wood — 14. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  32,  House  file  No.  67,  a  bill  for  an  act  to  revise^ 
amend  and  codify  the  statutes  in  relation  to  weights,  measures 
and  inspection,  with  report  of  committee  recommending  pass- 
age, was  taken  up,  considered  and  the  report  of  the  committee 
adopted. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bo  wen.  Brant,  Brighton  ^ 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall, 
Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Pinch,  Prazee, 
Prink,  Punk,  Gramer,  Good,  Griswold,  Gurley,  Hauger,  Hayes, 
Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  Huntley, 
Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Pranklin, 
iQemme,  Ladd,  Lambert,  Lauder,  Loomis,  Lowry,  McAchran, 
McArthur,  McDonald,  McDowell,  McNulty,  Marti,  Martin^ 
Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,. 
Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Bay,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  SuUivan, 
Temple,  Thompson,  Tibbitts,  Van  Houten,  Voelker,  Watters, 
Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Mr.  Speaker — 90. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Baker,  Brady,  Evans,  Grote,  Haugen,  Lavender, 
McQuin,  Manahan,  Miller  of  Cherokee,  Wood — 10. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  33,  being  House  file  No.  58,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  Indus- 
trial Home  for  the  Blind,  with  report  of  committee  recommend- 
ing passage  with  amendments,  was  taken  up  and  considered. 

Mr.  Weaver  moved  to  amend  the  second  amendment  of  the 
committee  by  striking  out  the  word  * 'shall"  and  insert  the  word 
*  'may. " 

Adopted. 

Amendment  of  committee  as  amended  adopted. 

Other  amendments  of  the  committee  adopted. 


142  ,    JOURNAL  OF  THE  HOUSE.  [Feb.  3, 

Mr.  Brinton  moved  that  the  rale  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bowen,  Brant,  Brighton,  Brinton, 
Byington,  ChapmaD,  Clark,  Classen,  Crow,  Davis,  Doubleday, 
Dowell,  Edwards,  Finch,  Frazee,  Frink,  Funk,  Gamer,  Gkxxl, 
Oriswold,  Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hender- 
shot,  Hinkhouse,  Hinman,  Hunt,  Huntley,  Jackson,  Johnson  ef 
Webster,  Johnston  of  Franklin,  Klemme,  Lambert,  Lauder, 
Lavender,  Loomis,  Lowry,  McAchran,  McArthur,  McDowell, 
McNulty,  McQuin,  Marti,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  MuUin,  Nietert,  Nolan,  Parker,  Porter,  Potter, 
Power,  Prentis,  Putnam,  Bay,  Reed,  Scott,  Smith,  Spaulding, 
St  John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten, 
Voelker,  Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Williams, 
Wilson,  Mr.  Speaker — 84. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Baker,  Bird,  Brady,  Cook,  Cornwall,  Early,  Evans, 
Grote,  Jay,  L^d,  McDonald,  Manahan,  Miller  of  Cherokee, 
Perrott,  Wbittier,  Wood— 16. 

So  the  bill  passed  and  the  title  was  agreed. 

Calandar  No.  13,  being  House  file  No.  10,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  Judicial 
Department,  with  report  of  committee  recommending  passsge 
with  amendments,  was  taken  up  and  considered. 

Amendment  of  the  committee  to  section  4,  chapter  1,  was 
adopted. 

Amendment  of  the  committee  to  section  2,  chapter  2,  was 
adopted 

Amendment  of  the  committee  to  section  8,  chapter  5,  was 
adopted. 

On  the  amendment  of  the  committee  to  section  5,  chapter  5, 
Messrs.  Gamer  and  Brighton  demanded  the  yeas  and  nays, 
which  resulted  as  follows: 

On  the  question,  * 'Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Allen,  Bailey,  Bird,  Bowen,  Brady,  Brant,  Brigh- 
ton, Brinton,   Byington,  Chapman,  Classen,  Cook,  Cornwall, 


1897.]  JOURNAL  OF  THE  HOUSE.  143 

Crow,  Davis,  Dowell,  Early,  Evans,  Finch,  Prink,  Punk,  Good, 
Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hunt,  Huntley,  Jack- 
son, Jay,  Johnson  of  Webster,  Johnston  of  Pranklin,  Lambert, 
Lauder,  Lavender,  Loomis,  McAchran,  Mc Arthur,  McNulty, 
McQuin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Morrison  of 
Eeokuk,  Mullin,  Nietert,  Parker,  Porter,  Potter,  Power,  Put- 
nam, Sullivan,  Temple,  Voelker,  Weaver,  Wheeler,  Whelan, 
Whittier— 59. 

The  nays  were: 

Messrs.  Bell,  Clark,  DouUeday,  Edwards,  Frazee,  Garner, 
Griswold,  Hendershot,  Hinkhouse,  Hinman,  Klemme,  Ladd, 
Lowry,  McDonald,  McDowell,  Marti,  Martin,  Miller  of  War- 
ren, Morrison  of  Grundy,  Nolan,  Prentis,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  St.  John,  Thompson,  Tibbitts,  Van  Houten, 
Watters,  Wells,  Williams,  Wilson,  Mr.  Speaker — 35. 

Absent  or  not  voting: 

Messrs.  Baker,  Grote,  Manahan,  Miller  of  Cherokee,  Per- 
rott,  Wood— 6. 

So  the  amendment  prevailed. 

Mr.  Beed  moved  to  amend  section  5,  chapter  5,  by  adding 
the  words  ' 'provided  that  no  county  shall  be  longer  than 
ninety  days  without  court  being  in  session  therein." 

Mr.  Dowell  in  the  chair. 

Mr.  Mc  Arthur  moved  to  lay  the  amendment  on  the  table. 

Lost. 

Mr.  Hayes  moved  to  amend  the  amendment  by  striking  out 
the  word  ' 'ninety"  and  inserting  the  words  ''one  hundred  and 
twenty." 

Amendment  was  lost  by  a  vote  of  31  yeas  to  38  nays. 

Amendment  of  Mr.  Beed  lost  by  a  vote  of  37  yeas  to  43  nays. 

Committee  amendment  to  section  23,  chapter  5,  adopted. 

Committee  amendment  to  section  4,  chapter  6,  adopted. 

Committee  amendment  to  section  6,  chapter  6,  adopted. 

Committee  amendment  to  section  23,  chapter  6,  adopted. 

Committee  amendment  to  section  10,  chapter  8,  adopted. 

Committee  amendment  to  section  11,  chapter  8,  was  adopted 
by  a  vote  of  43  yeas  to  27  nays. 

Committee  amendment  to  section  14,  chapter  8,  adopted. 

Committee  amendment  to  section  5,  chapter  9,  was  adopted 
by  a  vote  of  31  yeas  to  17  nays. 

Committee  amendment  to  section  7,  chapter  9,  lost. 

On  motion  of  Mr.  Lavender,  House  adjourned  till  9  a.  m. 
to  morrow. 


144  JOURNAL  OF  THE  HOUSE.  [Feb.  4, 


Hall  of  the  House  of  Reprbsbntativbs,     ) 
DBS  MoiNBS,  Iowa,  Thursday,  Febmary  4,  1897.  ( 

House  met  pursuant  to  adjournment,  Speaker  Byers  in 
the  chair. 

Prayer  by  Rev.  E.  W.  Curtis  of  Des  Moines,  Iowa. 

Mr.  McQuin  excused  indefinitely  on  account  of  sickness. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Reed,  Hlnman,  Brinton,  Davis,  Miller  of  Buena 
Vista,  Temple,  Doubleday  and  Spaulding  presented  petitions 
of  citizens  of  their  respective  counties  asking  for  a  2-cent  rate 
on  railroads,  and  an  interchangeable  mileage  book. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Van  Houten  and  Cook  presented  remonstrances  of 
citizens  of  their  respective  counties  against  a  manufacturing 
bUl. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Allen  presented  petition  of  citizens  of  Van  Buren  county 
asking  the  repeal  of  sections  2  and  8,  chapter  68,  acts  of  the 
Twenty -fourth  Greneral  Assembly,  relating  to  engines  and  high- 
ways. 

Referred  to  Committee  on  Roads  and  Highways. 

Mr.  Martin  presented  petition  of  citizens  of  Adair  county 
against  any  reduction  in  appropriation  to  county  and  district 
fairs. 

Referred  to  Committee  on  Appropriations. 

Mr.  McDonald  presented  petition  of  citizens  of  Guthrie 
county  against  raising  the  present  assessed  valuation  of  prop- 
erty to  its  full  cash  value. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.    Nolan    presented  memorial  of  J.   C.   Longueville  of 
Dubuque,  Iowa,  relating  to  foundation  walls. 
Referred  to  Committee  on  Cities  and  Towns. 


JOURNAL  OF  THE  HOUSE.  145 

Mr.  Nolan  presented  petition  of  citizens- of  Dubuque  county, 
and  Property  Owners  Fire  Association  of  Iowa,  relative  to  the 
creation  of  an  office  of  fire  marshal. 

Referred  to  Committ3e  on  Insurance. 

UNFINISHED  BUSINESS. 

The  House  here  took  up  the  pending  amendments  to  the 
pending  bill,  House  file  No.  10,  relating  to  the  Judicial  Depart- 
ment, it  being  the  committee  amendment  to  chapter  11. 

The  committee  amendment  to  chapter  11  was  adopted. 

The  committee  amendment  to  chapter  12,  section  6,  was 
adopted. 

The  committee  amendment  to  chapter  15,  section  1,  was 
adopted. 

Mr.  Temple  offered  the  following  amendment  and  moved  its 
adoption:  ''Amend  chapter  4,  section  8,  in  line  3,  by  inserting 
after  the  word  'courts'  the  words  'including  United  States  dis- 
trict judges  whose  districts  lie  within  this  State.'" 

Adopted. 

Mr.  Merriam  moved  to  reconsider  the  vote  whereby  the  com- 
mittee amendments  to  sections  10,  11  and  14,  of  chapter  8,  were 
adopted. 

Carried. 

Mr.  Temple  moved  to  amend  the  committee  amendment  to 
section  10,  chapter  8,  by  adding  after  line  30,  the  follow- 
ing: "The  clerk  shall,  upon  the  filing  of  any  petition, 
appeal  or  writ  of  error,  in  any  civil  case,  require  the  party 
filing  the  same,  to  deposit  with  him  five  dollars  to  secure  the 
^yment  of  the  fees  taxed  in  favor  of  the  county,  but  in  case 
such  fees  should  not  amount  to  such  sum,  the  clerk  shall,  at 
the  termination  of  the  cause,  return  the  excess  to  the  party 
making  the  deposit." 

On  the  amendment  of  Mr.  Temple,  Messrs.  Brant  and  John- 
son of  Webster  demanded  the  "yeas  and  nays,"  which  resulted 
as  follows: 

On  the  question,  "Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Brant,  Brinton,  Chapman,  Clark,  Classen,  Davis, 
Doubleday,  Edwards,  Prink,  Good,  Hazen,  Hinman,  Hunt, 
Huntley,  Johnson  of  Webster,  Klemme,  Lambert,  Lauder, 
Loomis,  McAchran,  McDonald,  Nietert,  Potter,  Putnam,  Beed,. 
S  ^ott,  Smith,  St.  John,  Sullivan,  Temple,  Van  Houten,  Watters,. 
Wells,  Wheeler,  WUliams,  Wilson— 86. 
10 


146  JOUBNAIi  OF  THE  HOUSE.  [Feb.  4, 

The  nays  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brighton,  Byington,  Cook,  Cornwall,  Crow,  Dowell,  Early, 
Evans,  Pinch,  Frazee,  Punk,  Griswold,  Gurley,  Havgen, 
Hanger,  Hendershot,  Hinkhonse,  Jackson,  Jay,  Johnston  of 
Pranklin,  Ladd,  Lavender,  Lowry,  McArthur,  McDowell, 
McNulty,  Marti,  Martin,  Mayne,  Merriam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  MuUin,  Nolan,  Parker,  Porter,  Power,  Prentis,  Ray, 
Spaulding,  Thompson,  Tibbitts,  Voelker,  Weaver,  Whelan, 
Whittier,  Wood,  Mr.  Speaker — 57. 

Absent  or  not  voting: 

Messrs.  Garner,  Grote,  Hayes,  McQuin,  Manahan,  Miller  of 
Cherokee,  Perrott — 7. 

So  the  amendment  was  lost. 

Committee  amendment  to  section  10,  line  30,  was  then  put 
and  lost. 

On  committee  amendment  to  section  10,  line  1,  Messrs. 
Allen  and  Haugen  demanded  the  yeas  and  nays,  which 
resulted  as  follows : 

On  the  question,  *'  Shall  the  amendment  prevail?  "  the  yeas 
were: 

Messrs.  Bailey,  Bowen,  Brady,  Brighton,  Brinton,  Chap- 
man, Classen,  Crow,  Davis,  Doubleday,  Prink,  Hinman,  Hunt- 
ley, Jackson,  Ladd,  Lambert,  Lauder,  Loomis,  McAchran, 
McDonald,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Nietert, 
Potter,  Ra.y,  Beed,  Scott,  St.  John,  Sullivan,  Temple,  Thomp- 
son, Van  Houten,  Watters,  Wells,  Wheeler,  Williams,  Mr. 
Speaker— -37. 

The  nays  were: 

Messrs.  Allen,  Baker,  Bell,  Bird,  Brant,  Byington,  Clark, 
■Cook,  Cornwall,  Dowell,  Early,  Edwards,  Evans,  Finch, 
Fri^ee,  Funk,  Good,  Griswold,  Gurley,  Haugen,  Hanger, 
Hazen,  Hendershot,  Hinkhouse,  Hunt,  Jay,  Johnson  of  Web- 
ster, Johnston  of  Franklin,  Klemme,  Ldivender,  Lowry,  McAr- 
thur, McDowell,  McNulty,  Marti,  Martin,  Mayne,  Merriam, 
Miller  of  Buena  Vista,  Miller  of  Warren,  Mullin,  Nolan,* 
Parker,  Porter,  Power,  Prentis,  Smith,  Spaulding,  Tibbitts, 
Voelker,  Weaver,  Whelan,  Whittier,  Wilson,  Wood — 55. 

Absent  or  not  voting: 

Messrs.  Garner,  Grote,  Hayes,  McQain,  Manahan,  Miller  of 
•Cherokee,  Perrott,  Patnam— 8. 


1897.]  JOURNAL  OF  THE  HOUSE.  147 

So  the  amendment  was  lost. 

The  committee  amendment  to  section  10,  lines  46  and  47, 
was  then  put  and  lost. 

Mr.  Potter  moved  to  amend  the  committee  amendment  to 
section  11,  by  striking  out  all  of  section  11  and  insert  in  lieu 
thereof  the  following:  *  ^Section  11.  The  clerk  shall  receive  in 
full  compensation  for  his  services  in  counties  having  a  popu- 
lation of  ten  thousand  or  less,  one  thousand  dollars;  in  counties 
having  over  ten  thousand  and  under  fifteen  thousand,  thirteen 
hundred  dollars;  in  counties  having  fifteen  thousand  and  under 
twenty- five  thousand,  sixteen  hundred  dollars;  in  counties  hav- 
ing twenty- five  thousand  and  under  thirty- five  thousand, 
eighteen  hundred  dollars;  in  counties  having  thirty-five 
thousand  and  under  forty-five  thousand,  twenty-one  hundred 
dollars,  and  in  coimties  having  forty-five  thousand  or  over, 
twenty -five  hundred  dollars  -per  annum,  to  be  paid  out  of  the 
county  treasury  in  equal  monthly  installments." 

Lost. 

Mr.  Dowell  moved  to  amend  committee^  amendment  by  strik- 
ing out ' 'fifteen  hundred"  in  line  5  and  insert  ''two  thousand." 

Lost. 

The  committee  amendment  <to  section  11,  chapter  8,  was 
lost  by  a  vote  of  81  yeas  to  50  nays. 

The  committee  amendment  to  section  14,  chapter  8,  was  lost. 

Mr.  Haagen  moved  to  amend  by  striking  out  of  section  11, 
chapter  8,  all  after  the  word  "dollars"  in  line  6,  and  all  in  line 
7  up  to  and  including  the  word  * 'treasury." 

Adopted. 

Mr.  Power  moved  to  amend  section  3,  chapter  6,  title  3,  by 
inserting  alter  the  word  "and,"  in  line 3,  the  following;  '*when 
he  acts  as  clerk  of  his  court  he  shall,"  and  by  inserting  in  said 
section,  after  the  word  "duties,"  in  line  4,  the  following:  "as 
clerk." 

Adopted. 

Also,  amend  section  11,  chapter  6,  title  3,  by  striking  out  the 
first  word  "by,"  in  line  4,  and  inserting  in  lieu  thereof  the 
word  "when,"  and  by  inserting  after  the  word  "judge,"  in  said 
line  the  following  words:  "acts  as  clerk." 

Adopted. 


148  JOURNAL  OF  THE  HOUSE.  fFeb.  4^ 

Mr.  Martin  moved  to  amend  section  13,  chapter  8 ,  in  line  2, 
by  inserting  after  the  word  ''him''  the  following:  ''and  the 
amount  of  fees  charged  by  him  and  uncollected." 

Motion  adopted  by  a  vote  of  86  yeas  to  30  nays. 

Mr.  Potter  moved  to  amend  section  6,  chapter  5,  in  line  2 
by  inserting  after  the  word  "modified"  ttie  following:  ''All 
proceedings  had  in  said  court  shall  have,  wiihin  the  territory 
over  which  said  court  shall  have  jurisdiction,  the  same  force 
and  effect  as  though  ordered  in  the  court  at  the  county  seat  of 
said  county,  but;"  also,  strike  out  all  after  the  word  "office 
in  line  7. 

Adopted. 

Mr.  Beed  moved  to  amend  as  follows:  "On  page  63,  chapter 
8,  section  10,  strike  out  the  words,  'be  entitled  to'  in  line  1." 

Lost 

Mr.  Cornwall  moved  to  amend  chapter  5,  section  18,  line  3, 
by  inserting  between  the  words  "be"  and  "corrected,"  the 
words,  "be  prepared  in  vacation  and." 

Adopted. 

Mr.  Temple  moved  the  following  amendment  as  a  substitute 
for  page  76,  chapter  12,  title  III: 

Section  6.  Whenever  any  person  who  now  or  hereafter  may  be  required 
or  permitted  by  law  to  give  a  bond  applies  for  the  approval  thereof,  any 
officer  or  body  who  is  now  or  shall  hereafter  be  required  to  approve  the- 
sufficiency  of  such  bond,  may,  in  lieu  of  the  sureties  or  securities  required 
by  law,  accept  and  approve  the  same  whenever  its  conditions  are  guaran- 
teed by  a  company  or  a  corporation  duly  organized  or  incorporated  within 
this  State,  or  authorized  to  do  business  therein,  and  to  guaranty  the  fidel- 
ity of  persons  holding  positions  of  public  or  private  trust,  or  secure  any 
bond  above  referred  to,  and  which  company  shall  have  an  unimpaired  paid 
up  capital  as  provided  by  chapter  4,  title  IX,  of  this  Code.  The  certificate 
of  the  State  Auditor  to  the  effect  that  such  company  has  complied  with  the 
requirements  of  this  chapter  and  has  the  paid  up  capital  provided  above, 
shall  be  sufficient  evidence  to  authorize  the  officer  or  body  having  the 
approval  of  the  same  to  accept  and  approve  it;  but  nothing  herein  con- 
tained shall  apply  to  bonds  in  criminal  cases. 

Mr.  Van  Houten  moved  to  amend  the  amendment  by  strik 
ing  out  all  after  last  word  **it." 

Lost. 

Amendment  of  Mr.  Temple  lost. 

Mr.  Cornwall  moved  to  amend  chapter  1,  title  3,  page  40v 
by  adding  after  section  10,  the  following:  **0n  and  after  the 
first  day  of  January,  1899,  the  court  shall  appoint  a  supreme 


1897.]  JOURNAL   OF  THE  HOUSE.  149 

<K)urt  reporter  for  a  term  not  exceeding  four  years,  who  may  be 
removed  at  the  pleasure  of  the  court" 

On  this  amendment  Messrs.  Allen  and  Lauder  demanded  the 
^*yeas  and  nays." 

On  the  question,  ''Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Baker,  Bowen,  Brant,  Brinton,  Byington,  Chapman, 
Cook,  C!omwall,  Frazee,  Prink,  Punk,  Good,  Gurley,  Hazen, 
Hinkhouse,  Hunt,  Huntley,  Johnson  of  Webster,  Klemme, 
Lambert,  McNulty,  Mayne,  Miller  of  Buena  Vista,  Morrison  of 
Grundy,  Parker,  Porter,  Potter,  Power,  Putnam,  Ray,  Scott, 
Van  Houten,  Wells,  Whelan,  Whittier,  Wilson— 88. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Bell,  Bird,  Brady,  Brighton,  Clark, 
Classen,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Griswold,  Haugen,  Hauger,  Hendershot,  Hin- 
man,  Jackson,  Jay,  Johnston  of  Franklin,  Ladd,  Lauder,  Lav- 
ender, Loomis,  McAchran,  McArthur,  McDonald,  McDowell, 
Marti,  Martin,  Merriam,  Miller  of  Warren,  Morrison  of  Keokuk, 
Mullin,  Nietert,  Nolan,  Prentis,  Beed,  Smith,  Spaulding,  St. 
John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Voelker,  Watters, 
Weaver,  Williams,  Wood,  Mr.  Speaker — 65. 

Absent  or  not  voting: 

Messrs.  Gamer,  Grote,  Hayes,  Lowry,  McQuin,  Manahan, 
Miller  of  Cherokee,  Perrott,  Wheeler— 9. 

So  the  amendment  was  lost. 

Mr.  Beed  moved  to  amend  page  50,  by  striking  out  section 
12,  chapter  4,  and  substitute  the  following:  Section  12.  '^The 
salary  of  the  supreme  court  reporter  shall  be  $600  for  each 
volume  of  the  supreme  court  reports  completed,  payable  upon 
the  certificate  of  the  chief  justice  that  the  report  has  been  pro- 
perly completed  and  filed  with  the  supreme  court. " 

Mr.  Cornwall  offered  the  following  as  a  substitute  to  the 
amendment  of  Mr.  Reed,  and  moved  its  adoption:  ** Amend 
chapter  4,  section  12,  by  striking  out  section  12  and  substitut- 
ing the  following,  *The  supreme  court  reporter  shall  receive 
as  full  compensation  for  all  services  rendered  the  sum  of  six 
hundred  dollars  for  each  volume  of  the  reports  completed  by 
him  in  accordance  with  the  provisions  of  this  chapter,  which 
sum  shall  be  paid  only  after  the  publication  of  the  volume, 
and  upon  the  certificate  of  the  chief  justice  that  he  has  prop- 
erly performed  his  ofKcial  duties.    Each  volume  shall  conform 


160  JOURNAL  OP  THE  HOUSE.  [Feb.  4» 

in  manner  and  style  as  near  as  may  be  to  volume  80  of  the 
Iowa  Reports.'  " 

Substitute  adopted. 

Mr.  Power  moved  to  amend  section  15  of  chapter  6,  by  strik- 
ing out  the  word  ''mayor"  in  the  first  line  and  inserting  the 
word  ' 'marshal"  in  lieu  thereof,  and  by  inserting  after  the 
word  * 'recorder"  in  said  line  the  words  **or  clerk  of  the  city 
council,"  and  by  striking  out  in  lines  1  and  2  the  words  ''immedi- 
ately after  qualifying  and  every  three  months  thereafter"  and 
insert  in  lieu  thereof  the  following:  "at  least  fifteen  days  before 
the  January,  April,  July  and  October  terms  of  said  court" 

Adopted. 

Mr.  Hauger  moved  to  amend  section  12,  page  65,  in  line  6, 
by  striking  out  the  words,  "one-half"  and  insert  in  lieu  thereof, 
"two-thirds." 

Lost. 

Mr.  Gurley  moved  the  previous  question. 

Carried. 

The  motion  that  the  rule  be  suspended  and  that  the  bill 
be  considered  engrossed  and  read  a  third  time  now,  prevailed. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Spkakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  concurred  in  the  following  concurrent  resolution,  in  which  the- 
ooneurrence  of  the  house  is  asked: 

BelatiTe  to  stationery  for  the  members  of  the  General  Assembly. 

G.  A.  Newman 

StcrtUjory. 

On  motion  of  Mr.  Wood,  'the  House  adjourned  until  9  a.  m. 
to-morrow. 


y»yi.]  JOURNAL  OF  THE  HOHSE. 


Hall  of  the  House  of  Rbpbesicktatiyes.       f 
Des  Moines,  Iowa,  Friday,  February  5,  1897.  ) 

House  met  at  9  a.  m.  ,  Speaker  Byers  in  the  chair. 
Prayer  by  Rev.  Levi  Jarvis  of  Des  Moines. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Van  Houten,  Classen  and  Brighton  presented  remon- 
strances of  citizens  of  their  respective  counties  against  a  man- 
ufacturing biU. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Sullivan,  Lambert,  Good,  Dowell,  Porter,  Baker, 
Funk,  Evans,  Hinman,  McNulty  and  McDonald  presented  peti- 
tions of  citizens  of  their  respective  counties  asking  a  2'Caat 
rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Baker,  Bowen,  Marti,  Good  and  Grote  presented 
petitions  of  citizens  of  their  respective*  counties  asking  for 
the  passage  of  a  manufacturing  bilL 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Classen  presented  petition  of  business  men  of  MarsfaaU- 
town  against  Senate  file  No.  47,  relative  to  taxation  of  corpora- 
tions. 

Referred  to  Committee  on  Ways  and  Means. 

On  the  pending  bill.  House  file  No.  10,  the  motion  to  pass  to 
to  third  reading  having  prevailed,  the  clerk  read  the  bill. 
Mr.  Porter  in  the  chair. 

Speaker  Byers  in  the  chair. 

On  the  question,  '^ShaU  the  bill  pass?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,   Bird,   Bowen,   Brady,. 

Brant,  Brighton,  Brinton,  B;ington,  Chapman,  Clark,  Classen, 

Cornwall,   Crow,   Davis,  Doubleday,   Dowell,   Evans,   Pinch, 

Frazee,    Frink,    Funk,    Garner^    Good,    Griswold,    Haugen^ 


162  JOURNAL  OP  THE  HOUSE.  [Feb.  6, 

Hanger,  Hazen,  Heodershot,  Hinkhouse,  Hinman,  Huntley, 
Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Franklin, 
Elemme,  Lavender,  Liowry,  McAchran,  McDonald,  McDowell, 
McNulty,  Manahan,  Marti,  Martin,  Ma^ne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Cherokee,  Morrison  of  Gmndy,  Morri- 
son of  Keokuk,  Mullin,  Nolan,  Porter,  Power,  Prentis,  Putnam, 
Ray,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan* 
Thompson,  Tibbitts,  Voelker,  Watters,  Weaver,  Wheeler, 
Whelan,  Whittier,  Williams,  Wood,  Mr.  Speaker— 78. 

The  nays  were: 

Messrs.  Cook,  Lambert,  Lauder,  McArthur,  Nietert,  Parker, 
Perrott,  VanHouten,  Wells,  Wilson— 10. 

Absent  or  not  voting: 

Messrs.  Early,  Edwards,  Grote,  Gurley,  Hayes,  Hunt,  Ladd, 
Loomis,  McQuin,  Miller  of  Warren,  Potter,  Temple — 12. 

So  the  bill  passed  and  the  title  was  agreed  to. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mr.  Speaker — I  am  directed  to  inform  your  honorable  body  that  the 
Benate  has  passed  the  following  bill,  in  which  the  concurrence  of  the  House 
is  asked: 

Senate  file  No.  4,  a  bill  for  an  act  to  revise,   amend  and  codify  the 

statutes  in  relation  to  procedure  in  courts  of  original  jurisdiction. 

Geo.  a.  Newman, 

Secretary, 

REPORTS  OF  COMMITTEES. 

Mr.  Funk,  from  the  Committee  on  Ways  and  Means  sub- 
mitted the  following  report: 

Mb.  Speakeb — Your  Committee  on  Ways  and  Means,  to  whom  was 
referred  chapter  144  of  the  acts  of  the  Twenty-sixth  General  Assembly,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  statement 
that  the  same  does  not  come  within  the  province  of  this  committee,  but 
should  be  incorporated  in  House  file  No.  51,  in  relation  to  the*  State  Uni- 
versity. 

J,  H.  Funk, 

Chairman, 

Mr.  Allen,  frcm  the  Committee  en  Cede  Revision,  Second 
Division /submitted  the  fell  owing  report: 

Mb.  Speakeb — Your  Committee  on  Code  Revision,  Second  Division, 
to  whom  was  referred  House  file  No.  21,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  internal  improvements,  beg  leave  to 
report  they  have  had  the  same  under  consideration  and  have  instructed 
me  to  report  the  same  back  to  the  House  with  the  recommendation  that 
the  same  do  pass  with  the  following  amendments,  to-wit: 


1897.]  JOURNAL  OP  THE  HOUSE.  153 

In  line  6,  section  3,  chapter  1,  add  after  the  word  **clerk*'  the  words  **at 
the  time  of  issuing  the  order,"  and  in  same  line  strike  out  the  words 
"upon  the  order,"  and  insert  in  lieu  thereof  the  word  '*thereon." 

In  line  10,  section  2,  chapter  2,  strike  out  the  word  **level,"  and  insert 
the  word  "eleyation"  in  lieu  thereof. 

In  line  1,  section  6,  chapter  2,  add  after  the  words  "the  kind  and" 
the  word  "approximate." 

In  line  5,  section  7,  chapter  2,  strike  out  the  word  "and." 

In  line  3,  section  8,  chapter  2,  insert  the  word  "resident"  after  the 
word  "six." 

In  line  6,  section  18,  chapter  2,  add  "thirty  days  previous  to  such  day" 
after  the  word  "township." 

In  line  1,  section  25,  chapter  2,  prefix  the  letter  "t"  to  the  letters  "h-e." 

Ib  line  4,  section  27,  chapter  2,  strike  out  "or  the  right  of  way  of  a  rail- 
way company." 

In  line  5,  section  27,  chapter  2,  strike  out  "or  the  railway  company." 

In  line  6,  section  27,  chapter  2,  strike  out  the  words  "right  of  way" 
and  insert  the  word  "land,"  in  lieu  thereof. 

In  line  10,  section  27,  chapter  2,  the  word  "twenty"  erased,  and  the 
word  "forty"  substituted  therefor. 

In  line  13,  section  27,  chapter  2,  the  word  "fifteen"  struck  out,  and  the 
word  "thirty"  substituted  therefor. 

At  end  of  section  27,  chapter  2,  add  the  followiag:  "  Wheneyer  any 
railroad  crosses  the  land  of  any  person  or  persons  who  desire  to  drain  their 
land  for  any  of  the  purposes  set  forth  in  this  section,  the  party  or  parties 
desiring  such  drain  or  drains,  shall  notify  the  railroad  company  by  leaving  a 
written  notice  with  the  nearest  station  agent,  stating  in  such  notice  the 
starting  point  route,  or  termination  of  such  drain  or  drains,  and  if  the  rail- 
road company  refuse  or  neglect  for  the  space  of  thirty  days  to  dig  across 
their  right  of  way  a  drain  of  equal  depth  and  size  of  the  one  dug  by 
the  party  who  wishes  to  drain  his  land,  then  the  party  who  desires  to  drain 
the  land  may  proceed  to  dig  such  drain,  and  the  railroad  company  shall  be 
liable  for  the  costs  of  the  construction  of  such  drain,  to  be  collected  in 

court  having  jurisdiction." 

W.  S.  Allen, 

Chairman, 

Ordered  on  file. 

Following  is  a  report  of  the  joint  committee  api)ointed  to 
visit  the  Institution  for  Feeble  Minded  at  Glenwood: 

To  the  Twenty-stxth  General  Assembly  in  extra  session: 

Your  committee  appointed  to  visit  the  Institution  for  Feeble  Minded  at 
Glenwood  and  secure  information  with  reference  to  the  rebuilding  of  that 
part  of  said  institution  which  was  destroyed  by  fire,  beg  leave  to  submit 
the  following  report: 

First. — We  found  that  on  the  night  of  August  29, 1896,  during  an  electrical 
storm,  lightning  struck  the  part  of  said  institution  known  as  the  Admin- 
istrative building,  setting  fire  to  the  same  in  several  different  places  and 
resulting  in  the  destruction  of  said  building.  The  Administrative  build- 
ing thus  destroyed  consisted  of  four  parts,  known  as  the  north  and  east 
and  south  and  west  extensions. 


164  •  JOURNAL  OF  THE  HOU&E.  £Peb.  6| 

Seoond.— To  provide  for  ik%  immediate  and  preliminary  aid  of  tlie  iaflti- 
tnUon  in  its  distress,  and  commence  the  reconstniotion  of  the  destroyed 
portions  the  Executive  Council  made  an  allowance  of  $40,000.  From  this 
allowance  we  found  that- the  walls  and  roof  of  the  south  and  west  exten- 
sions have  heen  rebuilt  and  enclosed  and  a  portion  of  the  interior  finished,, 
which  work  has  consumed  all  but  92,467.10  of  said  840,000,  which  amount 
is  now  on  hand  and  available  for  use. 

Third. — We  find  from  careful  estimates  that  to  complete  and  famish  the 
south  and  west  extensions  ready  for  occupancy  will  require  an  appropria- 
tion at  the  hands  of  this  Assembly  of  817,900,  of  which  amount  811,900  will 
be  required  for  flnfSsfainif,  and  80,000  for  furnishingr  the  same. 

Fourth, — We  found  that  the  north  and  east  extensions  of  said  building 
must  yet  be  entirely  rebuilt,  with  the  possible  exception  of  a  part  of  the 
foundation,  and  that  practically  none  of  the  old  material  can  be  utilized 
in  the  construction  of  the  same.  From  the  estimates  furnished  yomr 
committee  by  the  architect  and  a  careful  consideration  of  all  the  items 
necessary  to  rebuild  these  extensions,  we  respectfully  recommend  an 
appropriation  of  $43,000,  and  for  furnishing'  same  properly,  for  dynamos, 
electric  wiring,  engine,  hose,  and  hydrant,  and  renewing  water  mains, 
812,000. 

Your  committee  recommends  that  the  above  appropriation,  aggregating 
$72,900,  be  made  by  this  Assembly  and  available  as  follows:  $17,900  for  the 
completion  of  work  now  in  progress  immediately:  855,000  for  rebuilding 
and  refitting  the  north  and  east  extensions,  not  later  than  June  1,  1897. 

Respectfully  submitted, 

B.  F.  CabboLL, 
A.  L.  Wood, 
Geo.  T.  Bakeb, 

CommttUe. 

Mr.  Weaver,  from  the  Ciommittee  on  Code  Revision,  sub^ 
mitted  the  following  report: 

Mb.  SpbakEb — Your  Committee  on  Code  Revision,  Fifth  Division,  to* 
whom  was  referred  House  file  No.  74,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  respecting  mechanics'  liens,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  the  same  back  to  the  House  with  the  recommendation  that  the  same 
do  pass  with  the  following  amendments: 

Strike  out  the  word  'immediate'*  in  line  2,  section  6,  page  636,  and  insert 
'intermediate." 

Strike  out  subdivision  1  of  section  8,  chapter  8,  page  637,  and  insert  the 
following:  "As  between  persons  claiming  mechanic  liens  upon  the  same 
property,  according  to  the  order  of  the  filing  of  the  statements  and 
accounts  therefor." 

Add  the  following  after  the  word  '^betterments**  in  the  fourth  sabdiviaon, 
seetion  8,  pa^e  638.    ''In  case  the  premises  do  not  sell  for  more  than  suffi* 
cient  to  pay  off  the  prior  mortgage,  or  other  lien,  the  proceeds  shall  be- 
aj^lied  on  the- prior  mortgage  or  other  liens." 


1897,]  JOURNAL.  OP  THE  HOUSE.  Ig^ 

Strike  out  all  the  remaining  words  after  the  word  '^shall"  in  line  0^ 
••ction  15,  and  insert  the  following:  **have  priority  in  the  order  in  which 
tliey  are  filed." 

H.  O.  Wbaybb, 

Chairman, 

Ordered  passed  on  file. 

On  motion  of  Mr.  Weaver,  House  file  No.  66  was  recom- 
mitted for  amendment. 

Mr.  Potter  excused  till  Monday  morning. 
Mr.  McDowell  excused  till  Monday. 
Mr.  Jackson  excused  tUl  Tuesday. 

SENATE  MESSAGES. 

Senate  file  No.  4,  a  bill  for  an  act  to  revise,  amend  and 
codiiy  the  statutes  in  relation  to  procedure  in  courts  of  original 
jurisdiction,  was  read  first  and  second  time  and  referred  to 
Committee  on  Judiciary. 

INTRODUCTION  OF  BILLS. 

By  Mr.  Miller  of  Warren,  House  file  No.  88,  a  bill  for  an  act 
to  provide  for  the  payment  of  paper  folders  for  three  days'  labor 
performed  after  the  adjournment  of  the  regular  session  of  the 
Twenty- sixth  General  Assembly. 

Bead  first  and  second  time  and  referred  to  Committee  on 
Appropriations. 

On  motion  of  Mr.  Cornwall,  the  House  adjourned  till  9  a.  M. 
to-morrow. 


156  JOURNAL  OF  THE  HOUSE.  [Feb.  6, 


Hall  of  the  House  of  Represkntatitss,  ) 
Db8  Moines,  Iowa,  Saturday,  February  6,  1897.  f 

The  House  met  at  9  a.  m.,  with  Speaker  Byers  in  the  chair. 
The  opening  prayer  was  offered  by  Rev.  J.  D.  Porsythe. 
The  Journals  of  February  2,  8,  4  and  5  were  then  corrected 
and  approved. 

MESSAGE  FROM  THE   SENATE. 

The  following  message  was  received  from  the  Senate: 

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

Senate  file  No.  43,  a  bill  for  an  act  to  rcTlse,  amend  and  codify  the  stat- 
utes in  relation  to  domestic  relations. 

Geo.  a.  Newman, 

Secretary. 

PETITIONS  AND   MEMORIALS. 

Mr.  Merriam  presented  petition  of  W.  A.  Place  and  262 
others  of  Delaware  county,  against  the  passage  of  a  law  to 
legalize  the  manufacture  of  liquors  in  Iowa. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Watters,  Morrison  of  Keokuk,  Morrison  of  Grundy, 
Baker,  Lambert  and  Wilson,  presented  petitions  of  citizens  of 
their  respective  counties,  asking  for  the  passage  of  a  manufac- 
turing bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Morrison  of  Grundy  presented  petition  of  citizens  of 
Grundy  county,  asking  that  peddlers  be  licensed. 

Referred  to  Committee  on  Ways  and  Means. 

Messrs.  Brady,  Bailey,  Doubleday,  Frink,  Griswold,  Hanger, 
St.  John,  Whittier,  Brant  and  Whelau  presented  petitions  of 
citizens  of  their  respective  counties,  asking  a  2-cent  rate  on 
railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Whittier  presented  petition  of  citizens  of  Ida  county, 
asking  that  Washington's  birthday  anniversary  be  made  a  legal 
holiday. 


1897.]  JOURNAL  OF  THE  HOUSE.  167 

Bef erred  to  Committee  on  Judiciary. 

Mr.  C!omwall  presented  memorial  of  H.  G.  Darrah,  of  Emmets- 
burg,  asking  an  amendment  to  section  9,  title  14,  on  page  615 
of  the  Code. 

Referred  to  Fifth  Division  Code  Revision  Committee. 

Mr.  Watters  presented  remonstrance  of  citizens  of  Muscatine 
county  against  any  change  in  the  law  relating  to  printing  and 
binding. 

Referred  to  Committee  on  Printing.        ^ 

REPORT  OF  COMMITTEE. 

Mr.  Reed,  from  the  Committee  on  School  and  Text  Books, 
submitted  the  following  report: 

Mb.  Spbaksb — Your  Committee  on  School  and  Text  Books,  to  whom< 
was  referred  House  file  No.  61,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  county  superintendent,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass,  with  the  following-  amendments: 

Section  3,  line  7,  insert  after  the  word  ''last"  the  words  *'and  Friday;*'  and 
add  to  said  section  2  the  following:  ''Such  examinations  shall  be  held  at 
the  county  seat  in  a  suitable  room  which  shall  be  provided  for  that  purpose 
by  the  board  of  supervisors.  Special  examinations  may  be  held  else- 
where in  the  county  at  the  discretion  of  the  county  superintendent.  Any 
school  officer  or  other  person  may  be  present  at  any  examination." 

Section  3,  strike  out  all  of  lines  1,  2,  and  3  to  the  word  "such." 

Strike  out  in  line  7  the  word  "one"  and  insert  the  words  "special 
teacher." 

Section  4,  line  2,  strike  out  the  word  "shall"  and  insert  the  word 
"may"  in  lieu  thereof. 

Section  4,  line  4,  insert  after  the  word  "year"  the  following:  '*But  to 
applicants  passing  an  examination  in  the  following  additional  branches: 
didactics,  elementary  algebra,  the  elements  of  physics,  elementary  civics, 
and  elementary  economics,  a  certificate  shall  issue  for  a  term  of  two  years, 
upon  proof  of  thirty- six  weeks'  successful  experience  in  teaching." 

Section  4,  line  4,  strike  out  the  word  "which"  and  insert  the  word  "a." 

Section   4,  line  4,   strike   out  the  word   "must"  and  insert  the  word 
•may." 

Section  5,  line  6,  after  the  word  "certificate,"  insert  the  following: 
"provided,  that  if  the  applicant  is  granted  a  two-years  certificate  he  shall 
pay  one  dollar  additional." 

Section  6,  line  9,  between  the  words  "as"  and  "be,"  insert  the  word 
•to.»' 

Strike  out  all  marginal  numbers. 

J.  F.  Rebd, 

Chairman. 

Ordered  passed  on  file. 


7tS8  JOURNAL  OF  THE  HOUSE.  [Fob.  6, 

SENATE  MESSAGES. 

Senate  file  No.  48,  a  bill  for  an  act  to  revise,  amend  and  cod- 
ify the  statutes  in  relation  to  domestic  relations,  was  read  first 
and  second  time  and  referred  to  Committee  on  Code  Revision, 
Division  No.  1. 

On  motion  of  Mr.  Mayne,  House  file  No.  74,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  mechan- 
ics' liens,  with  report  of  committee  recommendiog  passage 
with  amendments,  was  taken  up  and  considered. 

The  committee  amendment  to  section  6,  line  2,  was  adopted. 

The  committee  amendment  to  section  8,  chapter  8,  subdivision 
1,  was  adopted  by  a  vote  of  84  yeas  to  28  nays. 

The  committee  amendment  to  section  8,  subdivision  4,  was 
adopted. 

The  committee  amendment  to  section  15,  line  19,  was  adopted. 

Mr.  Finch  moved  to  amend  section  14,  line  3,  by  striking  out 
the  word  "ten"  and  inserting  the  word  **thirty"  in  lieu  thereof;  ^ 
also,   by  inserting  after  the  word  ''demand"  the  words   ''in 
•writing." 

Adopted. 

Mr.  Mayne  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 
On  the  question,  "Shall  the  bill  pass?"  the  yeas  were: 
Messrs.  Allen,  Baker,  Bell,  Brady,  Brant,  Brighton,  Brinton, 
Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall,  Crow, 
Davis,  Doubleday,  Dowell,  Edwards,  Evans,  Finch,  Frazee, 
Frink,  Grood,  Griswold,  Haugen,  Hanger,  Hayes,  Hazen,  Hen- 
dershot,  Himnan,  Huntley,  Jay,  Johnson  of  Webster,  Johnston 
of  Franklin,  Elemme,  Lambert,  Lauder,  Loomis,  Lowry, 
Mc Arthur,  McNulty,  Marti,  Martin,  Mayne,  Merriam,  Miller 
of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Nolan, 
Parker,  Porter,  Prentis,  Bay,  Beed,  Scott,  Smith,  Spaulding, 
St.  John,  Temple,  Voelker,  Watters,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Mr.  Speaker— 68. 

The  nays  were: 

Messrs.  Bailey,  Bowen,  Grote,  Ladd,  McAchran,  Tibbitts — 6. 

Absent  or  not  voting: 

Messrs.  Bird,  Early,  Fank,  Garner,  Gurley,  Hinkhouse, 
Hunt,  Jackson,  Lavender,  McDonald,  McDowell,  McQuin, 
Manahan,  Miller  of  Buena  Vista,  Miller  of  Cherokee,  MuUin» 


1897  ]  JOURNAL  OF  THE  HOETSE.  159 

Nietert,  Perrott,  Potter,  Power,  Putnam,  Sullivan,  ThompBon, 
Van  Houten,  Weaver,  Wood — 26. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  House  here  suspended  rule  42  and  took  up  for  eon- 
sideration  Senate  file  No  43,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  domestic  relations. 

Mr.  Temple  moved  that  the  rule  be  suspended,  and  that 
the  bill  be  read  a  third  time  now,  which  motion  prevailed 
and  the  bill  was  read  a  third  time. 

On  the  question,  ''Shall  the  bill  pass?"  the  yeas  were: 
Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Clas- 
sen, Cook,  Cornwall,  Crow,  Davis,  Doubleday,  Dowell, 
Edwards,  Evans,  Pinch,  Prazee,  Prink,  Good,  Griswold,  Grote, 
Haugen,  Hauger,  Hayes,  Hazen,  Hinman,  Huntley,  Jay,  John- 
son of  Webster,  Johnston  of  Pranklin,  Klemme,  Ladd,  Lam- 
bert, Lauder,  Lavender,  Loomis,  Lowry,  McAchran,  McArthur, 
McNulty,  Marti,  Martin,  Mayne,  Merriam,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  Nolan,  Parker, 
Porter,  Prentis,  Bay,  Beed,  Scott,  Smith,  Spaulding,  St.  Joha, 
Temple,  Tibbitts,  Van-  Houten,  Voelker,  Watters,  Wells, 
Wheeler,  Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr. 
Speaker — 77. 

The  nays  were: 
None. 

Absent  or  not  voting: 

Messrs.  Early,  Funk,  Garner,  Gurley,  Hendershot,  Hink- 
house.  Hunt,  Jackson,  McDonald,  McDowell,  McQuin,  Manahan, 
Miller  of  Buena  Vista,  Miller  of  Cherokee,  Mullin,  Nietert, 
Perrott,  Potter,  Power,  Putnam,  Sullivan,  Thompson, 
Weaver— 23. 

So  the  bill  passed  and  tiie  title  was  agreed  to. 

Upon  motion  of  Mr.  Temple,  House  file  No.  77,  relating  to  . 
domestic  relations,  was  indefinitely  postponed. 

The  following  motion  to  reconsider  was  filed: 

Mb.  Speakjeb — I  move  to  reconsider  the  vote  by  which  House  file  No. 
74  passed,  went  to  its  third  reading  and  by  which  committee  amendment 
to  subdivision  1,  section  3»  chapter  8,  passed. 

John  Morbison. 
I  second  the  motion. 

P.  L.  Pbbntis. 

Mr.  Miller  of  Buena  Vista  was  excused  until  Monday. 


160  JOURNAL  OP  THE  HOUSE.  IPeb.  6» 

Mr.  Miller  of  Cherokee  was  excused  indefinitely  on  account 
of  sickness. 

Mr.  Brant  offered  the  following  concurrent  resolution, 
which  was  laid  over  under  rule  34: 

BesoVoed  hy  the  Hmvse,  the  ScTuUe  concurring.  That  the  Secretary  of  State 
be  and  is  hereby  authorized  and  directed  to  secure  for  the  benefit  of  the 
State  of  Iowa,  copyright  on  codified  laws  of  the  State  when  completed  by 
this  General  Assembly. 

On  motion  of  Mr.  Beed,  House  file  No.  61,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  county 
superintendent,  with  report  of  committee  recommending  pas- 
sage with  amendments,  was  taken  up  and  considered. 

Mr.  Brant  moved  to  amend  the  committee  amendment  to 
section  4,  line  4,  by  striking  out  the  words,  '^elementary 
physics  and  algebra." 

This  was  lost  by  a  vote  of  92  yeas  to  86  nays. 

The  amendment  of  the  committee  was  adopted. 

The  amendment  of  the  committeee  to  section  4,  line  2,  was 
lost. 

All  the  other  amendments  of  the  committee  were  adopted. 

Mr.  Beed  moved  to  insert  the  wdfds,  **as  provided  by  law," 
in  line  8,  section  6,  after  the  worcl  "report." 

Adopted. 

Mr,  Merriam  moved  to  strike  out  the  words  * 'Friday  and,"  ii* 
line  7,  section  2. 

Lost. 

Mr.  Morrison  of  Ktokuk  moved  to  strike  out  the  word 
**four' '  and  insert  the  word  * 'three"  in  lieu  thereof,  in  section 
9,  line  1. 

Messrs.  Morrison  of  Keokuk  and  Spaulding  demanded  the 
"yeas  and  nays"  on  this  question.  The  roll  call  resulted  as 
follows: 

On  the  question  '  'Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Bailey,  Bell,  Brightoo,  Clark,  Cook,  Crow,  Double- 
day,  Edwards,  Evans,  Fmch,  Frazee,  Good,  Hendershot,  Hm- 
man,  Johnson  of  Webster,  McAchran,  McArthur,  Martin,  Mor- 
rison of  Keokuk,  Parker,  Porter,  Scott,  Spaulding,  St.  John, 
Tibbitts,  Van  Houten,  Wells,  Wheeler,  Williams— 29. 

The  nays  were: 

Messrs.  Allen,  Bak^-r,  Bird,  Brant,  Brintor,  Byingfeon, 
Chapman  Classen,  Cornwall,  Davis,  Dowell,  Prink,  Griswold> 


1897.]  JOURNAL  OP  THE  HOUSE.  161 

Grote,  Haugen,  Hauger,  Hayes,  Hazen,  Jay,  Johnston  of  Frank- 
in,  Klemme,  L%dd,  Lambert,  Lauder,  Lavender,  Loomis, 
Lowry,  McNulty,  Marti,  Mayne,  Merriam,  Miller  of  Warren, 
Morrison  of  Grundy,  Nolau,  Prentis,  Ray,  Reed,  Smith,  Temple, 
Voelker,  Watters,  Whelan,  Whittier,  Wilson,  Wood,  Mr. 
Speaker — 46. 

Absent  or  not  voting: 

Messrs.  Bowen,  Brady,  Early,  Funk,  Gamer,  Gurley, 
Hinkhouse,  Hunt,  HuQtley,  Jackson,  McDonald,  McDowell^ 
McQuin,  Manahan,  Miller  of  Buena  Vista,  Miller  of  Cherokee,^ 
Mullin,  Nietert,  Perrott,  Potter,  Power,  Putnam,  Sullivan, 
Thompson,  Weaver — 25. 

So  the  amendment  was  lost. 

Mr.  Reed  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  tune  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bird,  Bowen,  Byington,  Chapman, 
Cornwall,  Davis,  Doubleday,  Dowell,  Evans,  Frink,  Good, 
Griswold,  Grote,  Hauger,  Hendershot,  Huntley,  Ladd,  Laven- 
der, Loomis,  Lowry,  McAchran,  McNulty,  Martin,  Mayne, 
Moarison  of  Grundy,  Prentis,  Reed,  Smith,  Temple,  Watters^ 
Whelan,  Whittier,  Williams,  Wood,  Mr.  Speaker— 87. 

The  nays  were: 

Messrs.  Baker,  Bell,  Brighton,  Clark,  Classen,  Cook,  Crow, 
Finch,  Frazee,  Haugen,  Hazen,  Hinman,  Jay,  Johnson  of 
Webster,  Klemme,  McArthur,  Marti,  Miller  of  Warren,  Mor- 

» 

rison  of  Keokuk,  Nolan,  Parker,  Porter,  Ray,  Smith,  Spauld- 
ing,  Tibbitts,  Van  Houten,  Wells,  Wheeler,  Wilson— 30. 

Absent  or  not  voting: 

Messrs.  Brady,  Brant,  Brinton,  Early,  Edwards,  Funk,  Gar- 
ner, Gurley,  Hayes,  Hinkhouse,  Hunt,  Jackson,  Johnston  of 
Franklin,  Lambert,  Lauder,  McDonald,  McDowell,  McQuin, 
Manahan,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Cherokee, 
Mullin,  Nietert,  Perrott,  Potter,  Power,  Putnam,  St.  John, 
Sullivan,  Thompson,  Voelker,  Weaver — 83. 

So  the  bill  was  lost. 

MESSAGES  FROM  THE   SENATE. 

The  following  messages  were  received  from  the  Senate: 

Mb.  Speakbb— I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bUl,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

11 


^  1^2  JOtJRNAL  O**  THE  fiOUSE.  [Feb.  6, 

'^  BoWabfile  No.  30,1a  bill  iAt  an'aol;  toir^iUe  «aid  (bonify  the  fltt^iUtes  in 
(Ttfltetioiiiio.doiiMBticahin^als.  i, 

^      .      ,     •  ■':.'.  ';  Geo.  A.  l^BWMAisr,    '   ^ 

'      Also:'  ■  '  •*..''■• 

M^  SPEAKEit — I  am!  ditected  to  inform  your  hbnorabid  body  that  tha 
Senate  has  passed  the  f  ollowingf  bill,  in  which  the  oontnrrenee  of  the  House 
is  asked: 

. .    ^Senlfllte  Alter Na!  SO,  a  >ill'^or  an  «o^  to  fetise;  amend  ai^  cofjUfj  the  stat- 
,  tit^.iliin#l<lkti<)ii  tp  the  JBdueatioQal9oardof  S^min^rat  ; , 

t  ••Also:  •'"        ^  •  ^       ^     ■'■■;;'■•'■.■   '    '     \ 

Mb.  Spbakeb — I  am  directed  to  inform  your  honorable'  i>6d^  that  tiie 
Senate  has  passed  the  following  bill,  in*  which  the  6oiievirfenccf  of  the 

'  fibiirse'i'i^aiked:,'"  •  '     ■.    i'.'     '•'•'■       '•'.■'.'-.<•     r  .*.    I  ' 
>  '  <  i^ate'flle  ( l^oV  4»t  a  bill!  |or  ah  act  to  reyise,  ^neadi an4  ce^Ufy  it|ie 
statutes  in  relfv^loxii  jlq  4$ovp1|y  superintepdeAt. 


1 1 

,  ^.  GrO.    a.    ;^TJ!WlfAW- 


.    Mt- .     ,  Geo.  ,A.  Kewmak, 

'  ■  '  -  .11* 


■  »  » 


SecreUtry. 


1^  ^  T^e.lpiljl  .Senate  ^le  ^6.  ^^,  wap  '^fe^ed  to  ,Cbn;miittee .on 
.  .. . ytoe tofljqwjlng ^^^^i, to  r?co»$icle(p  was  S\^:      ,  ' 

^'       MfiV.^PBA^fi^B'^I  more  a  rciconJMderfttipn/of  the^ypto  b^, which  House 
file  No.  61-  failed  to  pass  the.  Mouse. 

I  second  the  motion. 

"'   '  Mr.  Lt&vendier  Imbvedl   th^t  the  .  Homs^   adjcHirn   till   ItBO 
•>rM.;  Monday:  •   •'•'.■••'•'.•.       '  '    '     .       •=''■.''    .-' 
'  '  '  Mh  Ray  tnovfed'  to ■  amterid  by  making  it'  10  a.  M. 

The^!ameiidmtot'J>revailedi "'    >•  i'  *=    ^   (    "=  •■"•'  .*.  ■■' 

The  motioa  as  amended  prevailed  a^d  the  Houlie  adlou^ed. 

••'  M  .-/..i.M  ,;:.  .V,:.:;  ..,      ::  ,w-  .;::...;;,  ^-     •    .;      .  : 


,     I    !;•   '   <  .      (  « 


■  / 


«■  «• 


•      ..  :  V/    ,•■'..'■1      "V    .1  (     '  n  r  ■  '!    ,    ,      •■  P? 


•  '   .>  .    > 


II 


1897.]  JOURNAL  OP  THE  HOUSE  168 


Hall  of  the  House  of  Repbesentatiyeb,     ) 
DBS  Moines,  Iowa,  Monday,  February  8,  1897.  ) 

The  House  met  at  10  a.  m.  ,  with  Speaker  Byers  in  the  chair. 
The  opening  prayer  was  offered  by  Rer.  Mr.  Haines  of  Des 
Moines. 

The  Journal  of  Saturday  was  corrected  and  approved. 
Mr.  McAchran  was  excused  on  account  of  sickness. 

PETITIONS  AND  MEMORIALS. 

Mr.  Merriam  presented  petition  of  Rev.  N.  W.  Rixby  and 
twenty-five  others  of  Delaware  county,  against  the  passage  of  a 
law  to  legalize  the  manufacture  of  liquor  in  Iowa. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  McArthur,  Ladd  and  Clark  presented  remonstrances 
of  citizens  of  their  respective  counties,  against  a  manufacturing 
bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Prentis,  Bo  wen.  Bird,  Allen,  Lambert  and  Potter 
presented  petitions  of  citizens  of  their  respective  counties,  asking 
for  a  2-cent  rate  on  railroads  and  for  interchangeable  mileage 
books. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Potter,  Voelker  and  Nolan  presented  petitions  of 
citizens  of  their  respective  counties,  asking  for  the  passage 
of  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Nolan  presented  memorial  of  board  'Of  supervisors  of 
Dubuque  county,  against  any  change  in  the  present  mulct  law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Manahan  presented  memorial  of  city  council  of  Remsen, 
Iowa,  against  any  change  in  present  mulct  law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Mr.  Manahan  presented  memorial  of  city  council  of  Le 
Mars,  Iowa,  asking  for  a  change  in  the  present  mulct  law. 

Referred  to  Committee  on  Suppression  of  Intemperance. 


164  JOURNAL  OF  THE  HOUSE.  [Feb.  8, 

Mr.  Klemme  presented  petition  of  cikizens  of  Winneshiek 
county  and  -the  Property  Owners'  Fire  association,  asking  for 
laws  tending  toward  a  suppression  of  incendiarism. 

Referred  to  Committee  on  Insurance. 

Mr.  Potter  presented  remonstrance  of  Saving,  Building  and 
Loan  association  of  Council  Bluffs,  Iowa,  against  the  passage 
of  a  law  to  require  building  *  and  loan  associations  to  list  the 
names  of  their  members  with  the  auditor  for  purposes  of  tax- 
ation. 

Referred  to  Committee  on  Building  and  Loan. 

Mr.  Potter  presented  petition  of  Bluff  City  Typographical 
union  No.  203,  against  any  change  in  the  law  relating  to  State 
printing  and  binding. 

Referred  to  Committee  on  Printing. 

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

Whbbeas,  The  report  of  the  State  Auditor  shows  there  is  a  large  deficit 
in  the  finances  of  the  State,  which,  it  is  charfjfed  by  the  public  press  has 
been  caused  largely  by  unnecessary  and  illegal  expenditures  of  public 
funds  in  several  departments  of  the  State  government;  and, 

Whereas,  It  is  the  duty  of  this  House  as  the  direct  representatives  of 
the  taxpayers  of  the  State  to  require  the  utmost  economy  in  the  expendi- 
ture of  public  money  consistent  with  the  proper  and  efficient  administra- 
tion of  the  affairs  of  the  State;  therefore,  be  it 

Resolved,  That  a  committee  of  five  members  of  this  House  be  appointed 
by  the  Speaker,  whose  duty  it  shall  be  to  inquire  into  the  receipts  and 
expenditures  of  the  various  departments  of  the  State  government  with  the 
power  to  send  for  and  examine  persons  and  papers,  to  ascertain  the  num- 
ber of  employes  in  each  department  at  this  time  and  for  the  last  biennial 
period,  and  the  amount  of  wages  paid  the  same,  and  to  take  such  further 
steps  as  in  their  judgment  may  be  necessary  to  arrive  at  a  fuU  understand- 
ing of  the  expenditures  of  the  State  service,  said  committee  to  report  its 
findings,  conclusions  and  recommendations  to  the  House  at  the  earliest 
practical  date. 

Adopted. 

The  following  resolution  was  introduced  by  Mr.  Lambert: 

ResoVvedf  That  the  Speaker  appoint  a  committee  of  three  to  investi- 
gate the  matter  of  the  printing  of  blanks  and  other  miscellansous 
job  work  for  the  various  State  officials,  the  result  of  their  investigations 
to  be  reported  back  to  the  House  as  soon  as  practicable,  and  be  it  further 

ResoVoedf  That  for  the  purpose  of  facilitating  their  work  and  imparting 
information  to  said  committee  the  Secretary  of  State  is  requested  to  fur- 
nish for  the  inspection  of  the  committee  the  copy  for  each  job  of  work 
filed  in  his  office  during  the  past  eighteen  months,  together  with  the 
statement  showing  the  actual  number  of  ''ems"  and  number  of  impressiona 
of  press  work  in  each  job  and  the  cost  thereof. 

Adopted. 


1897.]  JOURNAL  OP  THE  HOUSE.  165 

REPORT  OF  JOINT  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Joint  Committee  on  Enrolled  Bills, 
submitted  the  foUowiDg  report: 

Mb.  Speaker — Your  joiot  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled  Senate  file 
No.  58,  a  bill  for  an  aet  to  revise,  amend  and  codify  the  statutes  in  relation 
^  county  high  schools,  chapter  12,  (of  title  13). 

G.  S.  GiLBEBTBON, 
Chairman  Senate  Committee, 

W.  E.  Hattqbb, 
ChaHrman  House  Committee. 

Ordered  passed  on  file. 
Also: 

Mb.  Spsakmb— Your  Joint  Committee  on  EnroUed  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled.  Senate  file 
No.  66,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  sureties,  chapter  5,  (of  title  15)  of  sureties. 

G.  S.  Gilbebtson, 
Chairman  Senate  Committee, 

W.  B.  Haugbb, 
Cha4irmam  Home  Committee, 

Ordered  passed  on  file. 

REPORT  OF  COMMITTEE. 

Mr.  Finch,  from  the  Committee  on  Code  Revision,  Division 
No.  3,  submitted  the  following  report: 

Mb.  Spbakeb — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  48,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  reg^ents  and  trustees  of  State  institu- 
tions, beg  leave  to  report  that  they  have  had  the  same  under  consideration 
and  have  instructed  me  to  report  the  same  back  to  the  House  with  the 
recommendation  that  the  same  do  pass  with  the  following  amendments: 

Section  1,  line  3,  add  '*all  of  whom  shall  not  be  of  the  same  political 
party." 

Line  7,  strike  out  the  words  '* Industrial  Home  for  the  Blind." 

Line  8,  after  the  word  *4nsane"  insert  the  word  **and;"  strike  out  the 
words  '*and  the  Soldiers'  Home,  six;"  insert  before  the  word  **truBtee"  the 
word  "five." 

Line  10,  insert  after  the  words  **the  Orphans*  Home"  the  words  '*the 
Industrial  Home  for  the  Blind." 

Line  11,  add  **for  the  Soldiers*  Home  five  trustees,  to  be  appointed  by 
the  Governor,  by  and  with  the  consent  of  the  Senate,  who  shall  hold 
office  for  the  term  of  six  years." 

Page  530,  section  6,  line  1,  strike  out  the  word  "county"  and  insert  in 
place  thereof  the  words  ''congressional  district  " 

Section  8,  line  3,  change  the  period  to  a  comma  and  add  the  words, 
^'except  appropriations  already  made  for  the  erection  of  buildings  now  in 
the  course  of  construction  and  under  contract  as  provided  by  law." 


166  JOURNAL  OP  THE  HOUSK  [Feb.  8, 

Seetion  11,  lines  2  and  3,  strike  out  the*  words  "traveling  expenses/^  and 
insert  in  place  thereof  the  word  "mileage." 

Section  12,  line  1,  strike  out  the  words  "traveling  expenses,"  and  insert 
in  plaee  thereof  the  word  "mileage." 

Strike  out  the  word  "verify,"  and  insert  after  the  word  "itemized"  the 
words,  "and  certified  to  by  the  president  and  secretary  and  approved  by 
the  board." 

Strike  out  all  the  marginal  figures  and  references  and  underscoring. 

P.  Finch, 

Chatrmom, 

Ordered  passed  on  file. 

The  Speaker  increased  the  Jomt  Committee  on  Enrolled 
Bills  by  the  appointment  thereto  of  the  following  named  mem- 
bers:   Messrs.  Morrison  of  Grmndy  and  Bay  of  Poweshiek. 

Referring  to  an  article  in  the  State  Register,  under  the  date 
of  Friday,  February  5,  charging  him  with  a  personal  interest 
in  the  amendments  offered  to  House  file  No.  48,  because  of  his 
connection  with  the  bank  in  which  present  resident  trustee 
and  treasurer  of  the  School  for  the  Deaf  at  Ciouncil  Bluffs 
deposits  the  funds  of  said  institution,  Mr.  Potter  arose  to  a 
question  of  personal  privilege,  and  denied  the  charge  in  toto; 
said  that  the  charitable  view  to  be  taken  of  the  matter  is  that 
the  member  who  made  the  charge  in  the  committee  had  jumped 
to  this  conclusion  owing  to  the  similarity  of  the  titles  of  Mr. 
Potter's  bank  and  the  bank  in  Council  Bluffs,  where  the  present 
treasurer  carries  his  deposits.  Mr.  Potter  stated  that  this  bill 
was  recalled  by  the  chairman  of  the  committee  on  his  (Potter's) 
request,  and  not  because  of  suspicion  on  the  part  of  the  members 
of  the  committee  concerning  tl^e  motives  of  the  member  from 
Pottawattamie,  as  stated  in  the  Register. 

On  motion  of  Mr.  Weaver,  House  file  No.  76,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  ware- 
houses, carriages,  hotel-keepers,  livery  stable  keepers  and 
herders,  with  report  of  committee  recommending  passage,  was 
taken  up,  considered  and  the  report  of  the  committee  adopted. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

On  the  question,  ''  Shall  the  bill  pass?  "  the  yeas  were: 
Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Byington, 
Chapman,  Clark,  Classen,  Cook,  Cornwall,  Crow,  Davis, 
Doubleday,  Dowell,  Edwards,  Evans,  Finch,  Frazee,  Frink, 
Funk,  Good,  Griswold,  Grote,  Haugen,  Hauger,  Hayes,  Hunt- 
ley,  Jay,   Johnson    of   Webster,    Klemme,    Ladd,    Lambert^ 


1897.]  JOUBNAL  QV  THE  HOU(S|E.,,  1^7^  ^ 

lioomis,  Lowry,  McArthur,  Maualiaq,  iMar^i^  Mayne,,  }lepi^ifi, 
Morrison  of  Keokuk,  Nolan,  Parjkeri  Porteii,  Pottcff,.  Prexxtjis, 
Bay,  Reed,   Scott,   8panlclmg»  ^t.  .Jol^n,  Tibb^tts,  )  Yo^Ucern 
Watters,    Weaver,    Wheeler,   iWheJan,    'V^^hittiier^ .  l^^illiams,  r 
Wilson,  Wood,  Mr.  Speakert-63.    .: :      .        i    . ,  .         i     ,  >  ..,   ;  i 

The  nays  were:  .■  :  , .   ^  .;!,/■;..  .,.     'f  ■  ^r. 

None.  V     ;.  :.    ..,.-.     -  ^    _ .:.;  ;  .  .-•  .,,,.  ^ 

Absent  or  not  voting:  . !        .  i      ;  i  .    >  i     i  .     i  •    i 

Messrs.  Brady,  Brant,  Brighton,  Brin1,on,  .Early^  Graroi^p,! ; 
Gurley,  Hazen,  Hendershot,  HiiUtlSLOUBe^  i^iw^am,  Pv^^t,  Jap^p;a,  j 
Johnston  of  Franklin,  Lauder,  Lavender,  McAchran,  Md^on^Jld, 
McDowell,  McNulty,  McQuln,  iMartWi  MiUer:pf,Bu^na  Vis.:^, 
Miller  of  Cherokee,  Miller  of  Warren,  Mprrison,  of  Oriuac^, 
Mullin,  Nietert,  Perrott,  Power»  .Putnam^  ^D^th^  Sullivan, 
Temple,  Thompson,  Van  Houten,  Wells— t37.  .  )    ...  .     i 

So  the  bill  passed  and  the  title  was  agreed  1{o. ,    i    , .    ,  ,  ,      i. 

On  motion  of  Mr.  Allen,  House  :01e  No.  21,  fk  bUl  £or  ^ua  acrti  tp. 
revise,  amend  and  codify  the  statutes,  in  relsytip^  ^  intornaLi 
improvements,  with  report  of  comniitteie  xeepmme|iding  .p|i§8M 
age  with  amendments,  was  taken  up ^nd  cpn^idered* :  i'  .  ••  j .<{  /i* 

The  committee  amendment  to  se^tion^  .2,  .chfkpitefr  ^l^  (Wf^s 
adopted.  m,  -r  .,:,[  lo  ...•.;;  ...i  ,,() 

The  committee  amendment  to  section  2,  Q]E^pt6rK2,r  W^ 
adopted. 

The  committee  amendment  to  section  6,  chapter  2,  was 
adopted. 

The  committee  amendment  to  section  7,  chapter  2,  was 
adopted. 

The  committee  amendment  to  section  8,  chapter  2,  was 
adopted. 

The  committee  amendment  to  section  18,  chapter  2,  was 
adopted. 

The  committee  amendment  to  section  25,  chapter  2,  was 
adopted. 

The  committee  amendment  to  section  27,  chapter  2,  was 
adopted. 

Mr.  Griswold  was  called  to  the  chair. 

Speaker  Byers  resumed  the  chair. 

Mr.  Allen  moved  that  the  rale  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 


168  JOURNAL  OF  THE  HOUSE.  [Feb.  8, 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bo  wen,  Byington, 
Ohapman,  Clark,  Cornwall,  Davis,  Doubleday,  Dowell,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Good,  Griswold,  Grote, 
Haugen,  Hauger,  Hayes,  Hazen,  Hendershot,  Huntley,  Jay, 
Jphnson  of  Webster,  Klemme,  Ladd,  Lambert,  Lowry,  McAr- 
thur,  Marti.  Mayne,  Merriam,  Miller  of  Warren,  Nolan,  Parker, 
Porter,  Potter,  Prentis,  Ray,  Beed,  Scott,  Spaulding,  St.  John, 
Tibbitts,  Voelker,  Watters,  Weaver,  Wheeler,  Whelan,  Whit- 
tier,  Williams,  WUson,  Wood,  Mr.  Speaker — 60. 

The  nays  were: 

Messrs.  Crow,  and  Morrison  of  Keokuk — 2. 

Absent  or  not  voting: 

Messrs.  Brady,  Brant,  Brighton,  Brinton,  Classen,  Cook, 
Early,  Gamer,  Gurley,  Hinkhouse,  Hinman,  Hunt,  Jackson, 
Johnston  of  Franklin,  Lauder,  Lavender,  Loomis,  McAchran, 
McDonald,  McDowell,  McNiQty,  McQuin,  Manahan,  Martin, 
Miller  of  Buena  Vista,  Miller  of  Cherokee,  Morrison  of  Grundy, 
Mullin,  Nietert,  Perrott,  Power,  Patnam,  Smith,  Sullivan, 
Temple,  Thompson,  Van  Houten,  Wells— 88. 

So  the  bill  passed  and  the  title  was  agreed  to. 

On  motion  of  Mr.  Doubleday,  the  House  adjourned  until  9 
A.  M.  to-morrow. 


1897 J  JOURNAL  OF  THE  HOUSE.  169 


Hall  of  thx  Housx  of  Rspbbssntatives,     ) 
DsB  MoufBS,  Iowa,  Tuesday,  February  9,  1897.  ) 

The  House  met  at  9  a.  m.  ,  with  Speaker  Byers  in  the  chair. 
The  session  was  opened  with  prayer  by  Rev.  W.  A.  Black. 
Mr.  Lavender  was  excused  until  Friday  on  account  of  sick- 
ness. 

Mr.  Perrott  was  excused  on  account  of  sickness. 

The  Journal  of  yesterday  was  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Morrison  of  Grundy,  Bailey,  Griswold,  Lambert, 
Hayes,  Baker,  Byington,  McDowell,  Loomis,  Smith  and  Wat- 
ters  presented  petitions  of  citizens  of  their  respective  counties, 
asking  for  the  passage  of  a  manufacturers*  bUl. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Boweu,  Dowell,  Hayes,  Brighton,  Whittier,  Perrott, 
McDonald,  Good  and  Ladd  presented  petitions  of  citizens  of 
their  respective  counties,  asking  for  2cent  railroad  iares. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Hayes  presented  remonstrance  of  Typographical  Union, 
No.  334,  Clinton  county,  against  any  change  in  the  present  law 
in  reference  to  State  binding  and  printing. 

Referred  to  Committee  on  Printing. 

Mr.  Smith  presented  petition  of  the  Christian  Endeavor 
society  of  the  Presbyterian  church  of  Jefferson,  Iowa,  against 
a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Morrison  of  Keokuk,  presented  petition  of  citizens  of 
Wayland,  Newport  and  Martinsburg,  Keokuk  county,  asking 
that  hucksters  and  peddlers  be  licensed. 

Rei erred  to  Committee  on  Ways  and  Means. 

Mr.  Crow  presented  petition  of  Ottumwa  Typographical 
union  No.  73,  against  any  change  in  the  present  law  relative  to 
State  binding  and  printing. 

Referred  to  Committee  on  Printing. 


170  JOURNAL  OF  THE  HOUSE.  [Feb.  0^ 

Mr.  Early  presented  petition  of  grain  dealers  of  Sac  oountj, 
asking  support  for  commissioners'  amendment  to  section  9, 
title  14. 

Referred  to  Committee  on  Code  Rerision,  Fifth  Division. 

Messrs.  Scott  and  Johnson  of  Webster  presented  petitions 
of  citizens  of  their  respective  counties,  against  compelling  offi- 
cers of  building  and  loan  associations  to  list  with  the  auditor 
the  members  of  the  association  for  the  purpose  of  taxation. 

Referred  to  Committee  ou  Ways  and  Means. 

Mr.  Brant  presented  petition  of  M.  Otmar  and  518  others, 
asking  for  passage  of  manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Lowry  offered  the  following  resolution  and  moved  its 
adoption: 

Whbbeab,  Hon.  John  McHngh,  of  Cresco,  Howard  county,  Iowa,  wha 
was  a  member  of  this  House  in  the  Sixteenth  General  Assembly  of  Iowa, 
and  an  honored  and  highly  respected  citizen  of  Howard  county,  died 
January  30,  A.  D.  1897;  therefore,  be  it 

Resolved,  That  the  Speaker  of  the  House  appoint  a  committee  of  three  to 
draft  and  report  to  this  Assembly  such  resolutions  as  will  fittingly 
commemorate  the  life  and  public  services  of  the  deceased. 

Adopted. 

The  Speaker  appointed  as  such  committee,  Messrs.  Lowry, 
Frazee  and  Martin. 

REPORTS  OF  COMMITTEES. 

Mr.  Reed,  from  the  Committee  on  School  and  Text  Books 
submitted  the  following  -report:  . 

Mb.  Speakbb — Your  Committee  on  School  and  Text  Books,  to  whom 
was  referred  Senate  file  No.  49,  a  bill  for  an  act]to  revise,  amend  and  codify 
the  statutes  in  relation  to  county  superintendents,  heg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass  with  the  following^  amendments: 

Amend  section  2  by  inserting^  at  the  end  of  the  section:  ^^Such  ezamlna* 
tion  shall  be  held  at  the  county  seat  in  a  suitable  room  which  shall  be  pro- 
vided for  that  purpose  by  the  board  of  supervisors.  Special  examinations 
may  be  held  elsewhere  in  the  county  at  the  discretion  of  the  county  super- 
intendent. Any  school  officer  or  other  person  may  be  present  at  any  exam* 
ination." 

In  section  3,  line  3,  strike  out  '*  such'*  and  insert  **the." 
Section  3,  line  7,  strike  out  ^*one"  and  insert  **special  teacher." 
Strike  out  the  amendment  after  the  word  **year"  in  section  4,  line  4,  and 
insert  the  following^:     '*But  to  applicants  passing  an  examination  in  the 
following  additional  branches:  didactics,  elementary  civics,  and  elementary 


18G7.]  JOURNAL  OP  THE  HOUSE.  171 

eeonomics,  a  certificate  shall  issue  for  a  term  of  two  years,  upon  proof  of 
thirty-six  weeks*  successful  experience  in  teaching." 

Section  5,  line  6,  after  the  word  * 'certificate"  insert  the  following: 
''proTided,  that  if  the  applicant  is  granted  a  two  years'  certifieate,  he  shall 
pay  one  dollar  additional." 

J.  F.  Reed, 
Cha/brfnan. 

Ordered  passed  on  file. 

Mr.  Allen  offered  the  following  report: 

Mb.  Speakeb — Under  the  concurrent  resolution  offered  in  the  Senate  on 
the  29th  ult.,  your  committee  was  instructed,  among  other  things,  to 
report: 

FVr9t. — What  means,  if  any,  can  be  devised  whereby  time  may  not  be  con- 
sumed in  unnecessary  reading  of  the  several  bills  in  each  House  ? 

Your  committee  has  taken  this  matter  in  serious  consideration.  It  is  not 
unmindful  of  the  necessarily  great  expense  entailed  upon  the  State  in  the 
revision  and  codification  of  the  laws;  nor  is  it  forgetful  of  the  fact  that 
the  burdens  of  taxation,  accompanied  with  low  prices  and  business  depres- 
sion, are  resting  heavily  upon  our  people.  Tour  committee  earnestly 
desires  to  expedite  the  work  of  the  revision  and  codification  of  our  laws,  to 
reduce  the  expense  to  the  very  lowest  possible  amount  and  to  give  to  the 
people  of  the  State  a  Code  which  will  be  complete  in  itself  and  bear  the  test 
of  legal  scrutiny  as  far  at  least  as  its  validity  in  law  is  concerned. 

Second, — Can  the  reading  in  full  of  every  bill  in  each  House  be  dispensed 
with  without  violating  the  provisions  of  the  Constitution  referred  to 
below? 

Third. — Is  the  matter  of  legally  dispensing  with  the  reading  of  the  bills 
in  full  in  each  House  so  clear  from  doubt  that  such  reading  can  be  'Safely, 
wisely  and  prudently  omitted? 

If  either  of  these  questions  cannot  be  answered  in  the  affirmative,  then 
all  must  agree  that  the  part  of  wisdom  and  the  careful  discbarge  of  our 
duty  as  legislators  both  require  such  reading  be  had.  We  respectfully 
submit,  that  the  members  of  this  Legislature,  no  matter  what  be  the 
stress  of  circumstances,  cannot  afford,  in  view  of  the  duty  they  owe  to 
themselves  and  the  high  obligation  they  are  under  to  the  people  of  the  State 
in  the  responsible  task  of  revising  the  laws,  to  adopt  S;  Code  of  doubtful 
constitutionality,  nor  can  the  people  afford  to  have  suoh  a  Code. 

Section  17,  of  article  3,  of  the  Constitution  is  the  one  which  relates  to 
this  subject,  and  is  in  these  words:  ** Section  17.  No  bill  should  be  passed 
unless  by  the  assent  of  a  majority  of  all  members  elected  to  each  branch 
of  the  General  Assembly,  and  the  question  upon  the  final  passage  shall  be 
taken  immediately  upon  its  last  reading,  and  the  yeas  and  nays  entered 
on  the  Journal." 

The  question  under  the  above  provision  is  whether  section  17  is  manda- 
tory or  simply  directory.  If  mandatory,  then  clearly  the  Legislature  has 
no  power  to  waive  it  or  to  neglect  to  carry  out  its  provisions;  if  it  is  doubt- 
ful as  to  whether  the  courts  would  construe  it,  so  far  as  it  relates  toia 
full  reading  of  a  bill,  as  mandatory  or  merely  directory,  then  the  wise, 
prudent  and  careful  legislator  would  resolve  the  doubt  in  such  way  as  to 
avoid  the  question  of  the  constitutionality  of  the  law  being  raised  under 


172  JOURNAL  OF  THE   fiOUSE.  LFeb.  «, 

this  section,  and  we  think  should  insist  on  a  full  reading  of  a  bill  as  pro- 
vided by  the  Constitution. 

Cooley,  on  Constitutional  LimitationSi  on  page  88  (6th  Ed.)}  says:    **But 
when  all  the  legitimate  lights  for  ascertaining  the  meaning  of  the  consti- 
tution have  been  made  use  of,  it  may  still  happen  that  the  construction 
remains  a  matter  of  doubt.     In  such  a  case  it  seems  clear  that  every  one 
called  upon  to  act  where,  in  his  opinion,  the  proposed  action  would  be  of 
doubtful  constitutionality,  is  bound  upon  the  doubt  alone  to  abstain  from 
acting.      Whoever  derives  power   from    the  constitution  to  perform  any 
public  function,  is  disloyal  to  that  instrument  and  grossly  derelict  in  duty 
if  he  does  that  which  he  is  not  reasonably  satisfied  the  constitution  per 
mits.     Whether  the  power  be  legislative,  executive,  or  judicial,  there  is 
manifest  disregard  of  constitutional  and  moral  obligation  by  one  who  hav- 
ing taken  an  oath  to  observe  that  instrument,  takes  part  in  an  action 
which  he  oannot  say  he  believes  to  be  no  violation  of  its  provisions." 

The  following  quotations^  will  show  how  the  courts  have  regarded  the 
question  as  to  whether  any  of  the  provisions  of  a  written  constitution  are 
merely  directory: 

Cooley  in  his  work  above  quoted,  on  page  93  says:  **But  the  courts 
tread  upon  very  dangerous  ground  when  they  venture  to  apply  the  rules 
which  distinguish  directory  and  mandatory  statutes  to  the  provisions  of  a 
constitution."  And  the  same  author  says,  on  page  94:  * 'There  are  some 
cases,  however,  where  the  doctrine  of  directory  statutes  has  been  applied 
to  constitutional  provisions;  but  they  are  so  plainly  at  variance  with 
the  weight  of  authority  upon  the  precise  point  considered  that  we  feel 
warranted  in  saying  that  the  judicial  decisions  as  they  now  stand  do  not 
sanction  the  application." 

In  Wolcott  V.  Wighton,  7  Ind.,  p.  48,  th«  court  says:  *'A  liberal  con- 
struction of  statutes  and  a  strict  construction  of  constitutional  provisions, 
are  a  safe  and  reasonable  judicial  policy.  But  constitutions,  which  are  a 
delegation  of  power,  require  a  strict  construction.  In  such  instruments, 
the  people  will  be  presumed  to  have  expressed  themselves  in  careful  and 
measured  terms,  corresponding  with  the  imtnense  importance  of  the  pow- 
ers delegated— leaving  as  little  as  possible  to  implication.  (Gibbon  v. 
Ogden,  9  Wheat,  188;  The  people  v.  Purdy,  2  Hill,  31,  and  4  Hill,  384;  Newell 
V.  The  People,  3  Seld.,  9;  Greencastle  Tp.  v.  Block,  5  Ind.,  566.)" 

In  Oreencastle  Twp.  v.*  Block,  5  Ind.f  567,  the  court  says:  ''When 
such  a  question  (the  constitutionality  of  a  law)  does  arise,  it  is  surely  not 
the  first  duty  of  the  court  to  tax  their  ingenuity  to  explain  away  the  con- 
stitution, in  order  to  accommodate  a  favorite  theory.  If  there  be  any 
form  of  words  which  should  be  held  sacred,  it  is  the  plain  language  of  the 
fundamental  law.  It  is  the  rule  and  commission  by  which  both  legislators 
and  judges  are  to  proceed.  2  Dallas,  304.  The  courts  dare  not  deal  with 
that  instrument  in  a  'double  sense.'  In  giving  it  construction  they  must 
not  bend  to  any  outside  pressure,  real  or  stimulated.  Such  judicial  delin- 
quency would  infiict  infinitely  more  serious  evils  than  any  temporary 
inconvenience  which  may  flow  from  adherence  to  the  terms  of  the  constitu- 
tion. 

"It  was  urged  in  argument  and  so  held  by  the  judges  (in  3  Seldon,  9), 
•that  the  discretion  of  the  courts  is  more  restristod  in  applying  the  rules 


1897.]  JOURNAL  OF  THE  HOUSE.  17a 

of  construction  to  a  plan  of  goYernment  contained  in  a  written  constitution 
than  in  the  construction  of  statutes,  and  the  reason  is  conclusive.  Statutes 
are  often  hastily  and  unskillfuUy  drawn  and  thus  need  construction  to 
make  them  sensible,  but  constitutions  impart  the  utmost  discrimination 
in  the  use  of  language.  Thej  are  the  permanent  will  of  the  people  intended 
for  the  guidance  of  posterity:  Thus,  Marshall,  C.  J.,  in  relation  to  the 
constitution  of  the  United  States:  'The  framers  of  the  constitution,  and 
the  people  who  adopted  it,  must  be  understood  to  have  employed  words  in 
their  natural  sense,  and  to  have  intended  what  they  said.*  Gibbon  ▼. 
Ogden,  0  Wheat,  188. 

*'So  in  the  dissenting  opinion  of  Bronson,  J.,  in  the  People  y.  Purdy, 
2  Hill,  page  31,  subsequently  declared  in  the  court  of  errors  to  be  the  law 
and  cited  with  marked  approbation  in  Newell  v.  The  People:  'Written  con- 
stitutions will  soon  become  of  little  value  if  their  injunctions  may  be 
lightly  overlooked;  and  the  experiment  of  setting  a  boundary  to  power 
will  prove  a  failure.'  Again,  in  the  same  case,  the  court  of  errors,  in 
reversing  the  judgment  of  the  supreme  court  and  adopting  the  dissenting 
opinion  of  Bronson,  J.,  say:  'If  the  courts  venture  to  substitute  for 
the  clear  language  of  the  instrument  their  own  notion  of  what  should 
have  been  or  was  intended  to  be,  there  will  be  an  end  of  written  instru- 
ments. Purdy  V.  The  People,  4  Hill,  384.  In  construing  the  language  of 
the  constitution,  courts  have  nothing  to  do  with  the  argument  from  incon- 
venience.* Their  sole  duty  is  to  declare  ita  lex  8cr(pta  ett— thus  saith  the 
constitution.     31  Wend.,  21." 

In  Koehler  v.  Hill,  60  Iowa,  known  as  the  "ameildment  case,**  Judge 
Day  in  delivering  the  opinion  of  the  court  on  rehearing,  used  this  language 
on  page  644,  in  referring  to  the  provision  of  the  Constitution  relative  to 
entering  the  proceedings  on  the  Journal:  "Is  this  constitutional  provision 
mandatory,  or  simply  directory  ?  A  mandatory  provision  is  one  which  must 
be  observed.  A  directory  is  one  which  leaves  it  optional  with  the  depart- 
ment or  ofQcer  to  which  it  is  addressed  to  obey  it  or  not,  as  he  should  see 
fit.'*  Courts  sometimes  exercise  the  power  of  declaring  statutory  provis- 
ions directory.  Even  in  the  ease  of  a  statute,  the  exercise  of  this  power  is 
a  delicate  one,  and  must  be  indulged  very  sparingly.  But  in  the  case  of  a 
constitutional  provision,  the  exercise  of  this  power  is  of  much  more  doubt- 
ful propriety.'* 

But  we  have  quoted  sufficiently  at  lenprth  from  the  authorities  to  show 
that  the  omission  of  the  reading  of  a  bill  in  either  house  is  of  such  doubt- 
ful propriety  that  such  a  precedent  should  not  be  established.  What  is 
true  of  this  extra  session  is  true  of  all  regular  sessions,  and  if  the  reading 
of  a  single  bill  in  full  in  each  house  can  be  dispensed  with  at  this  session, 
then  with  equal  propriety  the  same  thing  ean  be  done  with  all  bills  and 
at  all  sessions  of  the  legislature.  Such  legislation  is,  as  far  as  we  know, 
without  precedent  and  will  be  fraught  with  m^ny  more  evils  than  are 
involved  in  the  reading  of  them. 


174  JOURNAL  OP  THE  HOUSE.  [Feb.  9, 

We  would,  therefore,  recommend  that  each  bill  should  have  a  full 
reading^  in  each  house  before  the  vote  thereon  is  taken. 

N.   M.  PUSBY, 
C.  S.  Banck, 
W.  H.  Bebby, 
H.  L.  Watebman, 
A.  B.  Punk, 

Senate  Committee, 
W.  S.  Allen, 
J.  H.  Funk, 
W.  W.  Cornwall, 
Henby  H.  Bbighton, 

House  Committee. 

Mr.  Temple  filed  the  following  minority  report: 

To  the  Oeneral  Assembly  of  the  State  of  Iowa: 

The  uDdersi^ed  member  of  the  concurrent  committee  appointed  to 
report  among  other  things  as  to  the  necessity  of  the  full  reading  of  all 
revision  bills  at  the  time  of  placing  them  on  passage,  begs  leave  to  submit 
the  following  as  a  minority  report.  We  have  carefully  considered  the 
matters  involved  and  find  that  the  only  constitutional  provision  bearinif 
on  this  question  directly  or  indirectly,  is  section  17,  of  article  3  of  the  Con- 
stitution of  1857.  It  provides  as  follows:  ''No  bill  shall  be  passed  unless 
by  the  assent  of  a  majority  of  all  the  members  elected  to  each  branch  of 
the  General  Assembly  and  the  question  upon  the  final  passage  shall  be 
taken  immediately  upon  its  last  reading  and  the  yeas  and  nays  entered 
upon  the  Journal.'* 

This  section  is  in  form  prohibitive,  but  Jn  effect  affirmative  and  manda- 
tory, in  the  two  matters  embraced  therein,  which  are  that  bills  in  order  to 
become  laws  must  receive  the  assent  of  a  majority  of  the  members  of  the 
respective  houses,  and  that  their  votes,  for  and  against,  must  be  recorded 
in  the  Journal.  These  are  the  only  direct  and  mandatory  provisions  found 
in  the  section,  and  as  such  must  be  strictly  complied  with.  No  other  man- 
datory or  commanding  words  can  be  found  therein,  by  any  fair  or  legiti- 
mate construction,  unless  we  resort  to  speculation  and  indirect  implication. 
It  is  insisted  by  a  majority  of  the  committee  that  the  framers  of  the 
Constitution,  by  the  language  used  fixing  the  time  when  the  question 
should  be  put,  implied  that  the  bin  should  be  read  in  full  immediately 
before  putting  the  question.  If  this  be  true,  then  it  equally  follows  by 
implication,  that  if  it  must  be  read  once,  it  must  be  read  more  than  once, 
for  a  single  reading  could  not  be  aptly  termed  its  last  reading.  Logically" 
if  there  is  a  last  reading  to  be  implied  from  the  language  of  the  section 
there  must  be  implied  a  former  reading,  or  why  the  words  "its  last  read- 
ings." If  either  house  may  determine  for  itself  what  shall  constitute 
a  first  and  second  reading,  and  satisfy  the  requirements  implied  from  this 
section  of  the  Constitiftion,  by  a  reading  by  title,  then  may  it  not,  the  Con- 
stitution being  silent  as  to  the  form  or  manner  of  reading,  by  such  rule  or 
by  such  vote  as  would  suspend  the  rules,  determine  what  shall  constitute 
a  third  reading? 

We  find  in  section  9,  article  3,  the  foUowing  provision:  **Each  house 
shall  act  upon  its  own  adjournments,  keep  a>Journalof  its  proceedings,  and 
publish  the  same;  determine  its  rules  of  proceedings,  etc."    Now,  the  fact 


1897.]  JOCJRNAL  OF  THE  HOUSE.  176 

that  the  Constitution  of  Iowa  does  not  in  article  17  attempt  to  provide  and 
fix  the  formalities  of  legislation,  and  that  article  9  reserves  to  the  •Legisla- 
ture the  right  to  adopt  its  own  rules,  leads  us  irresistibly  to  the  conclu- 
-aien  that  all  formalities  were  to  be  left  to  the  General  Assembly,  and  that 
nothing  was  intended  to  be  drawn  therefrom  by  implication.     The  custom 
of  three  separate  readings  originated  in  the  early  days  of  legislative  assem- 
blies when  printing  was  unknown  or  little  used,  and  when  a  large  propor- 
tion of  the  legislators  were  illiterate  and  the  members  gained  their  entire 
knowledge  of  bills  and  their  contents  from  the  reading  by  the  clerk  and 
the  exposition  by  the  Speaker.     Since  it  has  become  the  practice  to  print 
all  bills  in  full  and  distribute  copies  among  the  members,  the  first  and  sec- 
ond readings  have  by  long  practice  and  usage  become  merely  a  formal 
reading  by  title.     The  old  rule  has  been  modified  in  the  spirit  of  the  legal 
maxim  laid  down  by  Coke  on  Littleton  that  ^^reason  is  the  soul  of  the  law, 
and  when  the  reason  of  any  particular  law  ceases,  so  does  the  law  itself." 
Since  the  reason  of  the  law  has  made  these  numerous  readings  in  full 
useless,  cumbersome  and  obstructive,  legislative  assemblies  have  abridged 
them  and  resorted  to  more  effective  and  time-saving  methods. 

The  three  separate  stages  formerly  marked  by  a  reading  in  full,  on 

separate  days,  have  been  retained  in  practice,  to  mark  the  separate  stages 

of  the  bill  in  its  passage:     1st — Its  rejection  or  acceptance  by  the  House; 

2nd~  Commitment;  3rd — Discussion,  amendment  and  passage.     The  fram- 

«rs  of  the  Constitution  had  these  convenient  stages  in  mind  when  they 

fixed  the  time  of  calling  for  the  yeas  and  nays,  and  their  intention  was  to 

prescribe  the  time  for  final  vote,  rather  than  to  prescribe  the  kind  of  read- 

I  ing  the  bill  should  receive  at  the  hands  of  the  derk.     Any  reading  that 

,   lE^y  mark  and  make  certain  this  stage  of  the  bill  is  a  sufficient  compliance 

1 1  w;ith  the  requirements  of  the  Constitution,  and  the  ancient  usages  which 

,    were  in  the  minds  of  the  framers,   when  they  adopted  its  provisions. 

Whiie  the  courts  of  this  country  have  uniformly  held,  that  mandatory  or 

:  affirmative  provisions,  whether  prohibiting  or  commanding,  found  in  the 

.    Constitu'ti^^n  were  not  to  be  disregarded,   at  the  peril  of  rendering  the 

;  iac^tion  of  "the  legislature  void,  yet  the  decisions  are  uniform  and  abundant 

in;  i^h^  reports  of  all  the  courts  of  last  resort,  that  the  courts  will  imply 

'.,  nothing  from  the  languasre  of  the  Constitution,  substance  or  body  of  the 

'.' Act  itself 4  nor  from  the  contents  of  the  legislative  journals,  that  will  vitiate 

,  thie  a^ts  at  ih^  ^vereign  power  of  the  people,  as  expressed  through  their 

•    'repr.es^ptatiyeSf ,  To  justify  a  court  in  setting  aside  legislative  acts  or  a 

"  )0od«^:  Aa  unponAtitivtiQnal,  the  matter  must  appear  directly  in  one  of  the 

f. 'three' i^arn^saboTQ  pointed  out.     That  ancient  writer  and  wall-spring  of 

,'  1a(W  a^  <<^0inp9^Qn.rSQn8e' above  referred  to,  lays  it  down  as  a  maxim,  ^*that, 

/•  hiBN'Wbo  poi:^6i!der,BJp[i<^irQly  the  letter  of  an  instrument  goes  but  skin-deep 

into  its  meaning." 

, ;    , '  Le^t  us  .get .  tP-tlic^  ^lul^^tjuupe  of  the  matter.     The  proposed  Code  has  been 

)f«aT0f«<Uy  prepare^t  ,thQ:  various  parts  have  been  introduced  in  the  two 

:.  .QO|iSQ0'iti]tb«4 JBorJOQ  p£  bUlSf :**tp  rievise,  amend  and  codify"  the  statutes.     It 

.'•)i^tibeen'.p|liAtedvn,p^.in.a(Convep>ent  form,  has  been  in  the  hands  of  the 

r  (saemb^rs  o|;  t^^  ^^ii^ira^  Aps«^)p|ly  ^or  about  fifteen  months.     A  large  part 

•  Q£:tUe;regn^ai!iS9esion,iy<as  spe^t  in  considering  it.    In  the  form  of  bills,  it 

'  ha«  ^be^AieaoreluIly  revi^TV^^d  in  Qoq;imit^tees  composed  of  large  numbers  of 

the  members  selected  friopii^.  tl^e  bp4y.  of,  each  house  who  represent  every 


176  JOURNAL  OF  THE  HOUSE.  [Feb. «, 

interest  of  the  State,  and  has  been  carefully  read  and  prepared  with  the 
Code  of  1873  and*  the  acts  of  the  General  Assembly  passed  since  1873.  A 
large  part  of  the  proposed  Code  has  been  the  law  for  many  years,  some  of 
it  dating  as  far  back  as  1846,  and  in  much  of  it  no  change  is  offered.  Under 
such  circumstances  it  would  seem  superfluous  at  this  date  to  read  even  for 
information.  The  information  needed  is  as  to  whether  or  not  the  proposed 
bills  preserve  the  law  as  it  now  exists  and  as  it  heretofore  existed  and  if 
changed  to  what  extent.  Every  member  knows  that  this  information  can 
not  be  gained  from  the  formal  reading,  called  the  last  reading,  from  the 
clerk's  desk.  He  who  feels  it  his  duty  to  guard  the  law  as  it  is,  and  to  see 
that  no  harmful  innovations  creep  in  will  have  a  hard  task  to  satisfy  a 
quickened  conscience  with  the  information  he  is  likely  to  get  from  such  a 
reading.  Lawyer  or  banker,  merchant  or  farmer,  he  would  indeed  be  pre- 
sumptions, who  would  claim  that  he  was  so  well  acquainted  with  the  body 
of  our  law,  that  he  can  detect  a  change  or  innovation  by  listening  to  the 
monotonous  reading  of  a  wearied  clerk  even  though  he  followed  with  his 
eyes  the  lines  of  **the  Black  Ck)de.** 

It  seems  to  us  that  the  reading  of  the  law  fails  as  construed  by  the 
majority.  Again,  it  is  a  known  fact  that  under  the  rules  governing  the 
House,  no  amendments,  alterations  or  changes  ean  be  made  upon  the  third 
reading  except  by  common  consent.  The  work  of  preparing  the  law  and 
putting  it  upon  passage  has  been  done  previously.  We  are  not  insensible 
of  the  obligations  of  the  solemn  oath  taken  by  members  to  support  and 
maintain  the  Constitution  of  our  State,  or  would  we  by  false  economy 
jeopardise  the  code  of  laws  that  may  be  passed  by  this  General  Assembly. 
But  for  all  the  reasons  heretofore  set  out,  and  sensible  of  the  present  con- 
ditions of  the  finances  of  our  State  with  every  industry  prostrate,  with 
thousandb  of  our  people  in  straits  for  money  to  buy  food  and  fuel,  as  well 
as  to  pay  taxes,  we  cannot  concur  in  the  report  and  recommendations  that 
pledge  us  to  advise  the  members  of  this  General  Assembly  to  seek  new 
and  implied  obligations  of  the  Constitution  which  they  may  support  and 
maintain,  especially  when  we  know  that  such  construction  will  lengthen 
this  extra  session  at  least  thirty  days,  if  not  more.  This  number  of  addi- 
tional days  will  take  from  the  depleted  treasury  of  the  State  from  thirty- 
five  to  forty- five  thousand  dollars  in  addition  to  the  legitimate  oost  of 
the  Code,  and  is  inconsistent  with  that  rule,  which  the  supreme  court  of 
Ohio  laid  down  as  governing  the  construction  of  constitutional  provisions, 
''that  they  are  designed  to  produce  orderly  and  well  arranged  laws,  a  fair 
expression  of  the  sentiment  of  the  people  and  a  frugality  in  expenditures.** 

We  have  made  this  minority  report  thus  full  and  at  length  because  the 
minority  deem  it  their  duty  to  enter  a  protest  against  costly,  cumbersome, 
obsolete,  and  dilatory  methods,  especially  in  snch  a  crisis  as  now  eon- 
fronts  u& 

We  therefore  recommend,  that  when  bills  come  up  for  final  passage,  the 
bills  be  read  by  title  and  that  while  the  bill  is  open  for  amendments  all 
parts  or  sections  as  the  committees  report,  or  the  undersisoring  indicate,  have 
been  changed  by  the  Code  Commissioner's,  be  carefully  read;  that  all  sec- 
tions amended  in  committee  or  on  the  floor  of  the  House,  be  read  before 
amendments  are  closed,  and  that  all  further  reading  be  dispensed  with  as 
not  required  by  the  Constitution,  and  that  such  reading  as  above  recom- 
mended be  declared  by  the  House  to  be  a  reading. 


1897.]  JOURNAL  OF  THE  HOUSE.  177 

We  give  it  as  our  opinion  that  objections  and  protests  filed  against  snch 
procedure  under  section  10,  article  3,  of  the  Constitution,  will  not  in  any 
manner  invalidate*  the  acts  of  this  General  Assembly,  but  will  stand  upon 
the  journals  as  a  doubtful  honor  roll  (?)  for  the  future. 

Respectfully  submitted, 

M.  L.  Tehpijs. 

The  House  here  took  up  for  consideration  Senate  file  No.  49^ 
a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  rela- 
tion to  county  superintendent,  with  report  of  committee  recom- 
mending passage  with  amendments. 

Mr.  Mc Arthur  moved  the  following  amendment:  Amend 
section  1,  chapter  13,  by  inserting  after  the  word  ''sex"  and 
before  the  word  **shaH"  the  words,  "shall  be  of  good  moral 
character,  and  the  holder  of  a  first-class  or  State  certificate,  or 
diploma,  and." 

Adopted. 

Committee  amendment  to  section  2  was  adopted. 

Committee  amendment  to  section  3  was  adopted. 

Committee  amendment  to  section  4  was  adopted. 

Mr.  Morrison  of  Keokuk  moved  to  strike  out  of  line  1, 
section  4,  the  word  ** satisfactory,"  and  insert  the  words  '^suffi- 
cient  under  the  rules  of  the  examination." 

Lost. 

The  committee  amendment  to  section  5  was  adopted. 

Mr.   Morrison  of    Keokuk  moved  to  strike  out  the  word 
**four,"  in  section  9,  line  1,  and  insert  the  word  ''three." 
Mr.  Mayne  moved  the  previous  question. 
Carried. 

On  the  amendment,  Messrs.  Morrison  of  Ceokuk  and 
McDonald  demanded  the  yeas  and  nays,  which  resulted  as 
follows: 

On  the  question,  ''Shall  the  amendment  prevail  ?"  the  yeas 
were: 

Messrs.   Bell,  Brighton,   Clark,    Cook,    Crow,    Doubleday, 
Evans,  Finch,  Frazee,  Gamer,  Hunt,  Jay,  Johnson  of  Webster, 
Klemme,  Lowry,   McDonald,  McDowell,  Martin,  Morrison  of 
Keokuk,  nParker,    Scott,  i  Spaulding,   Tibbitts,  Van  Houten, 
Wells,  Wheeler,  WiUiams,  Wilson — 28. 

The  nays  were: 

Messrs,  Allen,   Bailey,  Baker,  Bird,  Bowen,  Brady,  Brant, 
Brinton,  Byington,  Chapman,  Classen,  Cornwall,  Davis,  Dow- 
ell,  Early,   Edwards,   Frink,   Funk,   Good,   Griswold,   Grote^ 
12 


178  JOURNAL  OP  THE  HOUSE.  [Feb.  9, 

Gurley,  Hanger »  Hayes,  Hazen,  Huntley,  Jackson,  Ladd,  Lam- 
bert, Lander,  Loomis,  McAchran,  McArthur,  Manahan,  Marti, 
Mayne,  Merriam,  Miller  of  Buena  Vista,  Morrison  of  Grundy, 
Nietert,  Nolan,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Ray,  Reed,  Smith,  St.  John,  Temple,  Voelker,  Watters, 
Weaver,  Whelan,  Whittier,  Mr.  Speaker — 58. 

Absent  or  not  voting: 

Messrs.  Haugen,  Hendershot,  Hinkhouse,  Hinman,  Johnston 
of  Franklin,  Lavender,  McNulty,  McQuin,  Miller  of  Cherokee, 
Miller  of  Warren,  Mullin,  Sullivan,  Thompson,  Wood — 14. 

So  the  amendment  was  lost. 

Mr.  Reed  moved  that  the  nde  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  ihe  bill  was  read  a  third  time. 

On  the  question,  ''Shall  the  bill  pass  ?"  the  yeas  were: 
Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen, 
Cook,  Cornwall,  Crow,  Davis,  Dowell,  Early,  Edwards,  Evans, 
Finch,  Frink,  Funk,  Gamer,  Good,  Griswold,  Grote,  Gurley, 
Hanger,  Hayes,  Hazen,  Hunt,  Huntley,  Johnson  of  Webster, 
Klemme,  Ladd,  Lambert,  Lauder,  Loomis,  Lowry,  McAchran, 
McArthur,  Manahan,  Marti,  Martin,  Mayne,  Merriam,  Morrison 
of  Grundy,  Morrison  of  Keokuk,  Nietert,  Nolan,  Perrott,  Porter, 
Potter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Smith,  St.  John, 
Temple,  Tibbitts,  Voelker,  Watters,  Weaver,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wilson,  Mr.  Speaker— 76. 

The  nays  were: 

Messrs.  Frazee,  Jay,  McDowell,  Parker,  Scott — 5. 

Absent  or  not  voting: 

Messrs.  Doubleday,  Haugen,  Hendershot,  Hinkhouse,  Hin- 
man, Jackson,  Johnston  of  Franklin,  Lavender,  McDonald, 
McNulty,  McQuin,  Miller  of  Buena  Vista,  Miller  of  Cherokee, 
Miller  of  Warren,  Mullin,  Spaulding,  Sullivan,  Thompson, 
Van  Houten,  Wood — 19. 

So  the  bill  passed  and  the  title  was  agreed  to. 

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  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked: 

Belative  to  separation  of  Code  bills. 


1897.]  JOCJRNAL  OP  THE  HOUSE.  179 

Resolved  fyy  the  Senate^  the  House  ooncurrifngy  That  the  President  of  the 
Senate  and  the  Speaker  of  the  House  be  requested  to  separate  Code  bills 
for  consideration  of  the  two  houses  in  such  a  way  as  that  bills  first  consid- 
ered in  one  house  shall  be  considered  in  the  other  house  as  messages  from 
the  house  in  which  they  were  first  considered. 

Geo.  a.  Nbwmak, 

Secretary, 

On  motion  of  Mr.  Finch,  House  file  No.  30  and  House  file 
No.  48  were  referred  to  Third  Division  Code  Revision  Com- 
mittee. 

Senate  file  No.  50,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  Educational  Board  of  Exam- 
iners, was  read  first  and  second  time  and  referred  to  Committee 
on  School  and  Text  Books. 

Concurrent  resolution  of  Mr.  Brant,  relative  to  copyright- 
ing the  Code  when  completed,  was  taken  up  and  adopted. 

REPORT  OF  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Committee  on  Enrolled  Bills,  sub- 
mitted the  following  report: 

Mb.  Spbakbb — Your  Committee  on  EnroUed  Bills  respectfully  report  that 
they  have  examined,  and  find  correctly  enrolled,  House  file  No.  49,  a  bill 
for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
Superintendent  of  Public  Instruction. 

W.  E.  Haugbb, 

Cbairman. 

Ordered  passed  on  file. 

REPORT  OF  JOINT  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Joint  Committee  on  Enrolled  Bills, 
submitted  the  following  report: 

Mb.  Spxakbb — Your  Joint  Committee  on  EnroUed  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file  No. 
49,  a  hUl  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
the  Superintendent  of  Public  Instruction. 

G.  S.  Gelbebtson, 
Cbmirmtui  Senate  Committee, 

W.  E.  Hauqeb, 
Cbairman  House  Committee, 

Ordered  passed  on  file. 

Mr.  Allen  called  up  the  concurrent  resolution  from  the  Sen- 
ate, just  messaged  over,  and  moved  its  adoption. 
Carried. 

The  Speaker  appointed  as  the  committee  to  investigate  the 
number  of  employes  and  duties  of  same,  in  the  State  depart- 
ments, in  accordance  with  the  resolution  of  Mr.  Funk  passed 


180  JOURNAL  OF  THE  HOUSE.  [Feb.  9, 

on  yesterday,   Messrs.  Funk,  Lauder,  Davis,  Baker,  Voelker. 

The  Speaker  appointed  as  the  committee  to  investigate 
printing  for  State  officers,  in  accordance  with  the  resolution  of 
Mr.  Lambert  passed  on  yesterday,  Messrs.  Lambert,  Temple 
and  Brant. 

On  motion  of  Mr.  Morrison  of  Grundy,  the  House  adjourned 
until  9  A.  M.  to-morrow. 


1897.]  JOURNAL  OF  THE  HOUSE.  181 


HAI.L  OF  THB  House  of  Bepbessntatjybs,     ) 
Deb  Moines,  Iowa,  W«dnesday,  February  :o,  1897.  ) 

The  House  met  at  9  a.  m.,  with  Speaker  Byers  in  the  chair. 

Prayer  was  offered  by  Rev.  Atwood  of  Des  Moines. 

The  Speaker  added  to  the  committee  appointed  yesterday  to 
investigate  the  printing  of  blanks  for  State  officers,  the  follow- 
ing members:  Messrs.  Smith  and  Jay. 

The  Journal  of  yesterday  was  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Nietert,  Cook,  Frink,  Nolan,  Brant,  Voelker  and 
Byington  presented  remonstrances  of  citizens  of  their  respective 
counties,  agamst  the  passage  of  section  24  of  the  proposed 
revenue  bill. 

Referred  to  Committee  on  Ways  and  Means. 

Messrs.  Sullivan,  Frink,  Cornwall,  Hinkhouse  and  Dowell 
presented  petitions  of  citizens  of  their  respective  counties,  ask- 
ing the  passage  of  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Gamer,  Lambert,  Power,  Mullin,  Miller  of  Buena 
Vista,  Baker,  Hinman  and  Dowell  presented  petitions  of  citizens 
of  their  respective  counties,  asking  for  a  2-cent  rate  on  rail- 
roads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  McArthur  presented  remonstrance  of  citizens  of  Des 
Moines  county,  against  any  change  in  the  present  law  relating 
to  State  printing  and  binding. 

Referred  to  Committee  on  Printing. 

Mr.  Morrison  of  Keokuk,  presented  petition  of  citizens  of 
Keokuk  county,  asking  for  a  law  licensing  peddlers  and  huck- 
sters. 

Referred  to  Committee  on  Ways  and  Means. 


182  JOURNAL  OP  THE  HOUSE.  [Feb.  10, 

Messrs.  Cook  and  McArthur  presented  remonstrances  of 
citizens  of  their  respective  counties,  against  taxation  of  the 
capital  \3tock  of  corporations. 

Referred  to  Committee  on  Ways  and  Means. 

REPORTS  OF  COMMITTEES. 

Mr.  Allen,  from  the  Committee  on  Code  Revision,  Second 
Division,  submitted  the  following  report: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Second  Division,  to 
whom  was  referred  chapters  26,  33,  34,  35,  42,  43,  46,  76,  78,  83,  100,  lOS, 
103  and  107  of  the  Acts  of  the  Twenty-sixth  General  Assembly,  for  the 
purpose  of  revision  and  codification,  beg  leave  to  report  that  they  have 
had  the  same  under  consideration  and  have  instructed  me  to  report  the 
same  back  to  the  House  with  the  statement  that  with  the  exception  of  said 
chapter  46  all  of  the  chapters  aforesaid  are  either  amendatory  or  supple- 
mentary to  the  laws  in  force  prior  to  the  Twenty -sixth  General  Assembly, 
and  that  your  said  committee  have  no  bills  under  consideration  at  the 
present  time  relating  to  the  subject  matter  contained  in  such  chapters, 
and  that  they  would  therefore  recommend  the  following  reference  by  the 
House  of  the  foregoing  chapters,  as  follows,  viz: 

To  the  Committee  on  County  and  Township  Organization,  chapters  26» 
42,  43,  76,  78,  83  and  100. 

To  the  Committee  on  Telephone  and  Express,  chapters  33  and  107. 

To  the  Committee  on  Railroads  and  Commerce,  chapters  34  and  35. 

To  the  Committee  on  Military,  chapters  102  and  103. 

Your  committee  would  further  report  that  they  will  prepare  and  offer 
the  provisions  of  chapter  46,  relating  to  levees  and  drainage  as  an  inde- 
pendent bill  for  the  consideration  of  the  House. 

W.  S.  Allen, 
Cbairman. 

The  report  was  referred  to  the  Committee  on  the  Distribu- 
tion of  the  Acts  of  the  Twenty-sixth  General  Assembly. 

Mr.  Cornwall,  from  the  Committee  on  Judiciary,  submitted 
the  following  report : 

Mb.  Sfbaksb— Your  Committee  on  Judiciary,  to  whom  was  referred 
House  01e  No.  84,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes 
in  relation  to  evidence,  beg  leave  to  report  that  they  have  had  the  same 
under  consideration  and  have  instructed  me  to  report  the  same  back  to 
the  House  with  the  recommendation  that  the  same  do  pass  when  amended 
as  follows: 

First. — Amend  page  850,  chapter  1,  section  6,  line  3,  by  inserting  between 
the  words  **other"  and  **but*'  the  following:  *'or  in  a  civil  action  by  one 
against  a  third  party  for  alienating  the  affections  of  the  other." 

Seocmd. — Amend  page  855,  chapter  1,  by  striking  out  all  of  section  55  and 
inserting  in  lieu  thereof  the  following,  being  section  3686  of  the  Code,  as 
follows:  ''The  petition  for  that  purpose  must  state  the  facts  expected  to  be 
proved  by  sueh  books  or  papers,  and  that,  as  the  petitioner  believes,  such 
books  and  papers  are  under  the  control  of  the  party  agains«  whom  the  rale 


1897.]  JOURNAL  OP  THE  HOUSE.  183 

is  Bought,  and  must  show  wherein  they  are  material.  The  rule  shall  there- 
upon be  granted  to  produce  the  books  and  papers,  or  show  cause  to  the 
contrary,  if  the  court  deems  such  rule  expedient  and  proper.*' 

Third. — Amend  page  857,  section  62,  of  the  same  chapter,  by  inserting 
between  the  words  **  witness''  and  '*are''  in  the  first  line,  the  words  **except 
parties  to  the  action." 

Fourth, — Amend  page  857  by  inserting  between  62  and  63  of  the  same 
chapter  as  section  62a,  section  3817  of  the  Code  as  follows:  **When  the 
county  or  any  party  has  paid  the  fees  of  any  witness,  and  the  same  is 
afterward  collected  from  the  adverse  party,  the  county  or  person  so 
paying  the  same,  shall  upon  the  production  of  the  receipt  of  such  witness 
or  other  satisfactory  evidence,  be  entitled  to  such  fee,  whether  it  be  in  the 
hands  of  the  justice  or  clerk,  or  has  been  paid  into  the  county  treasury." 

Fifth. — Amend  page  859,  section  83  of  said  chapter,  by  inserting  in  line 
3,  after  the  word  * 'subpoena,"  the  words  **or  is  over  seventy-one  years  of 
age,"  and  by  striking  out  of  said  line  the  following  words,  '*for  other 


cause." 


Sixth, — Amend  page  859,  section  88  of  said  chapter,  by  adding  to  the 
end  of  said  section j  chapter  74  of  the  Laws  of  the  Twenty- sixth  General 
Assembly,  as  follows: 

* 'Whenever  a  party  to  any  cause  shall  serve  notice  for  the  taking  of  any 
deposition,  either  within  or  without  the  State,  upon  commission,  with 
interrogatories  attached  thereto,  the  opposite  party  may  elect  to  cross- 
examine  such  witness  orally  at  the  time  of  the  taking  of  such  deposition, 
and  in  such  event  shall  serve  the  moving  party  or  his  attorney,  prior  to  the 
issuing  of  such  commission,  with  notice  of  such  election,  and  thereupon, 
before  the  deposition  shall  be  taken,  the  moving  party  shall  serve  such 
opposite  party  or  his  attorney  with  notice  of  the  day,  hour  and  place 
(including  the  street  and  number  if  a  city)  of  the  taking  of  such  deposi- 
tion, and  the  name  of  the  party  before  whom  the  same  is  to  be  taken, 
which  notice  shall  be  served  not  less  than  three  days  prior  to  the  taking 
thereof,  the  day  of  service  not  being  included;  and  one  additional  day  for 
every  three  hundred  miles  distance  between  the  place  of  the  residence  of 
such  party,  or  his  attorney,  and  the  place  where  such  deposition  is  to  be 
taken. 

**The  oral  cross-examination  shall  be  reduced  to  writing  by  the  commis- 
sioner the  same  as  though  taken  on  written  cross- interrogatories;  ^also,  the 
moving  party  in  the  taking  of  said  deposition  may  appear  before  such 
commissioner,  if  he  so  desires,  in  person  or  by  agent  or  attorney,  and 
examine  such  witness  of  witnesses  orally  in  chief,  and  the  re-examination 
and  re* cross-examination  shall  proceed  in  the  same  manner;  and  if  any 
such  moving  party,  in  the  taking  of  such  deposition  shall  not  desire  to 
examine  such  witoess  or  witnesses  orally  the  commissioner  shall  pro- 
pound the  interrogatories  in  chief,  in  the  usual  manner  of  taking  deposi- 
tions on  written  interrogatories  and  the  same  rules  with  regard  to  exam- 
ining witnesses  and  the  same  requirements  with  regard  to  returning  of 
such  depositions  to  the  clerk  of  the  court  in  which  the  same  is  intended  to 
be  used,  as  are  now  observed  in  practice,  or  required  by  law  shall  obtain." 

Seventh, — Amend  page  861,  line  6,  section  96,  of  the  same  chapter,  by 
striking  out  the  word  "thirty"  and  inserting  in  lieu  thereof  the  words  **one 
hundred." 


184  JOURNAL  OP  THE  HOUSE.  [Feb.  10, 

Eighth, — Amend  page  861,  section  97,  of  the  same  chapter,  as  follows: 

Strike  out  of  line  2  the  words  "whether  written  or"  and  insert  in  lien 
thereof  the  word  **if;"  also  insert  in  said  line  between  the  words  '*out*' 
and  **and,"  the  following:  "if  written  to  be  stated  by  number;"  also,  in 
line  3,  of  said  section,  strike  ont  the  words  "nnderneath  the  respectire 
questions,"  and  insert  in  lieu  thereof  the  word  "thereunder." 

Ninth. — Amend  page  861,  section  98,  line  2,   by  inserting  between  the 
words  "person"  and  "named"  the  following:  "previously  sworn  to  cor- 
rectly so  do  and;"  also,  amend  line  5  of  said  section  by  inserting  between 
the  words  "same"  and  "are"  the  following:  "or  a  true  copy  thereof." 

Tenth. — Amend  page  862,  line  1,  of  section  102,  of  said  chapter,  by 
inserting  after  the  word  "upon"  the  word  "loritten"  and  also  after  the 
word  "interrogatories,"  in  same  line,  insert  ^^dUme." 

Elevemth. — Amend  pasre  863,  section  110,  line  4,  of  said  chapter,  by  insert- 
ing between  the  words  "exceptions"  and  "must"  the  following:  ^^or  motUm 
to  suppress  such  deposUians, " 

Very  truly  yours, 

W.  W.  Cornwall, 

Cbsunnan, 

Ordered  passed  on  file. 

Mr.  Temple,  from  the  Committee  on  Code  Bevision,  Division 
No.  1,  submitted  the  following  report: 

Mr.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  1,  to 
whom  was  referred  House  file  No.  16,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  relating  to  corporations,  etc.,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  the  same  back  to  the  House  with  the  recommendation  that  the  same 
do  pass  with  amendments  as  follows: 

Amend  section  4,  chapter  1,  title  9,  as  follows:  By  striking  out  of  lines  8 
and  9  the  words  "and  thereafter  the  corporation  may  commence  operations" 
and  add  the  following:  "but  before  such  certificate  shall  be  issued,  and  the 
articles  are  recorded,  the  corporation  shall  pay  to  the  Secretary  of  State 
as  a  franchise  fee,  the  sum  of  twenty-five  dollars,  and  the  further  sum  of 
one  dollar  per  thousand  for  all  authorized  stock  in  excess  of  ten  thousand 
dollars,  and  each  corporation  now  organized  and  doing  business  in  this 
State  which  may  hereafter  increase  its  capital  stock  shall  pay  in  the  same 
manner  one  dollar  for  each  thousand  dollars  of  increase,  but  in  no  event 
shall  the  fees  collected  under  this  section  exceed  the  sum  of  three  hundred 
and  fifty  dollars  for  any  single  corporation;  but  the  provisions  of  this  sec- 
tion shall  not  apply  to  workingmen^s  co-operative  associations,  nor 
farmers'  mutual  insurance  companies,  and  only  after  the  foregoing  pro- 
visions have  been  complied  with  may  the  corporation  commence  opera- 
tions.", 

Amend  seetion  5  of  said  chapter  1  by  inserting  therein  after  the  word 
"stock"  the  words  "and  the  private  property  of  its  members  shall  not  be 
exempt  from  the  payment  of  any  excess  of  indebtedness  so  incurred." 

Amend  section  13  of  chapter  1  by  inserting  in  the  first  line  thereof, 
after  the  word  "articles,"  the  words  "powers,  privileges." 


1897.]  JOURNAL  OP  THE  HOUSE.  185 

Amend  section  1  of  chapter  25  by  inserting  at  the  end  of  line  4  the  words 
**political,  amnsement,  military.'* 

^.  L.  Templb, 
Cbairman, 

Ordered  passed  on  file. 
Also: 

Mb.  Speakeb— Your  Committee  on  Code  Revision,  Division  No.  1,  to 
vehom  was  referred  House  file  No.  17,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  agricultural  and  horticultural  socie- 
ties and  stock  breeders*  associations,  beg  leave  to  report  that  they  have 
had  the  same  under  consideration  and  have  instructed  me  to  report  the 
same  back  to  the  House  with  the  recommendation  that  the  same  do  pass 
with  amendments  as  follows: 

Amend  section  7,  chapter  3,  in  the  second  line  thereof,  by  striking  out 
the  words,  **or  adjoining  counties.** 

Amend  section  15  of  chapter  3  by  adding  at  the  end  thereof  the 
words,  **or  unless  the  former  name  is  given.** 

Amend  section  23  of  chapter  3  by  striking  out  of  line  4  the  word 
* 'awarded*'  and  substituting  the  word  *  ^offered.** 

Amend  section  29  of  chapter  3,  by  adding  or  inserting  in  line  3  thereof, 
after  the  word  **year,**  the  words  '* which  institute  may  be  adjourned  from 
time  to  time  and  place  to  place  in  said  county.** 

Also  amend  said  section  23  by  inserting  at  the  end  of  line  6  the  words, 
**not  to  exceed.** 

Amend  section  24,  of  chapter  3,  by  adding  at  the  end  of  said  section  the 
following:  **In  case  two  or  more  organizations  shall  claim  recognition  as 
farmers*  institutes,  the  bills  shall  be  audited  by  the  board  of  supervisors,  as 
near  as  possible,  equitably,  but  in  no  case  shall  more  than  three  institutes 
be  held  in  one  year  in  any  county,  under  the  provisions  of  this  chapter.  ** 

Amend  section  26,  of  chapter  3,  in  line  4,  by  striking  out  the  words 
**signal  service**  and  inserting  the  words  **weather  bureau.** 

Amend  chapter  3,  section  27,  line  7,  by  substituting  the  word  ** three** 
for  the  word  "one.** 

M.  L.  Temple, 

CbairmaD. 

Ordered  passed  on  file. 

REPORT  OF  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  H auger,  from  Comixiittee  on  BnroUed  Bills,  sabmitted 
the  following  report): 

Mb.  Spbakeb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  this  day  sent  to  the  Governor  for  his  approval: 

House  file  No.  49,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  Superintendent  of  Public  Instruction. 

W.  E.  Haugeb, 

Cbairman, 

Ordered  passed  on  file. 


186  JOURNAL  OF  THE  HOUSE.  [Feb.  10, 

On  motion  of  Mr.  Temple,  Hoase  file  No.  16,  a  bill  for  an  act 
to  revise,  amend  anu  codify  the  statutes  in  relation  to  corpora- 
tions for  pecuniary  profit,  with  report  of  committee  recom- 
mending passage  with  amendments,  was  taken  up  and  consid- 
ered. 

Mr.  Haugen  moved  to  amend  the  amendment  of  the  commit- 
tee to  section  4,  chapter  1,  by  adding  after  the  word  ''to"  as 
follows:  ''Building  and  loan  associations,  farmers'  co-opera- 
tive associations  organized  for  the  manufacture  of  butter, 
cheese,  or  other  dairy  products." 

Mr.  Martin  moved  to  postpone  action  on  this  bill  till  9  a.  m. 
to-morrow. 

Lost. 

Mr.  Merriam  moved  to  adjourn  till  2  p.  m.  in  order  that  the 
amendments  of  the  committee  might  be  printed. 

Lost. 

Mr.  Cornwall  demanded  a  division  of  the  amendment  offered 
by  Mr.  Haugen. 

On  the  question  of  "building  and  loan  associations"  the  yeas 
were  46,  the  nays  27. 

So  the  first  division  of  the  amendment  was  adopted. 

On  the  second  division  of  the  question,  Messrs.  Haugen  and 
Finch  demanded  the  yeas  and  nays,  which  resulted  as  follows: 

On  the  question,  *'Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Bird,  Bo  wen,  Brant,  Brighton,  Classen,  Cook, 
Cornwall,  Crow,  Pinch,  Prazee,  Good,  Haugen,  Hanger, 
Hazen,  Hinman,  Jay,  Johnson  of  Webster,  Klemme,  Loomis, 
McDowell,  Manahan,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mul- 
lin.  Potter,  Prentis,  Ray,  Beed,  Smith,  Spaulding,  St.  John, 
Sullivan,  Tibbitts,  Voelker,  Wheeler,  Whelan,  Whittier,  Wil- 
son, Wood,  Mr.  Speaker — 44. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Brinton,  Byington, 
Chapman,  Clark,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Prink,  Funk,  Garner,  Gar  ley,  Hendershot,  Hinkhouse, 
Hunt,  Huntley,  Jackson,  Ladd,  Lambert,  Lauder,  Lowry, 
McAchran,  McDonald,  McNulty,  Marti,  Miller  of  Warren,  Nie- 
tert,  Nolan,  Parker,  Porter,  Power,  Putnam,  Scott,  Temple, 
Thompson,  Van  Houten,  Watters,  Weaver,  Wells,  Williams 
—46. 


1897.]  JOURNAL  OF  THE  HOUSE.  187 

Absent  or  not  voting: 

Messrs.  Brady,  Griswold,  Grote,  Hayes,  Lavender,  John- 
ston of  Franklin,  McArthnr,  McQain,  Miller  of  Cherokee, 
Perrott— 10. 

So  the  amendment  was  lost. 

Mr.  Thompson  made  the  following  motion: 

Mb.  Speaker — I  move  to  reconsider  the  vote  whereby  the  second 
diyision  of  the  amendment  to  section  4,  chapter  1,  offered  by  Mr.  Haugen, 
House  file  No.  16,  was  lost. 

J.  ▲.  Thompson. 
I  second  the  motion. 

Chbis.  Mabti. 

Mr.  Ladd  moved  a  reconsideration  of  the  vote  on  the  first 
division  of  the  question. 

Adopted. 

On  the  question  to  except  building  and  loan  associations  from 
this  act,  the  nays  prevailed  and  the  amendment  was  lost. 

The  amendment  of  the  committee  to  section  4,  chapter  1,  was 
then  adopted. 

Committee  amendment  to  section  5,  chapter  1,  was  adopted. 

Mr.  Mc Arthur  offered  the  following  as  a  substitute  to  section 
18  as  amended  by  the  committee:  ' 'Section  13.  The  articles, 
powers,  and  privileges  and  regulations  of  corporations  organized 
under  the  provisions  of  this  title,  or  amended  thereunder,  shall 
be  subject  to  legislative  control  and  may  be  altered,  abridged, 
or  set  aside  by  law,  and  every  franchise  may  be  regulated, 
withheld  or  made  subject  to  conditions  imposed  by  the  Greneral 
Assembly." 

Adopted. 

Mr.  Tibbitls  moved  to  strike  out  of  section  6,  line  1,  the 
words  * 'which  must  be  in  the  State." 

Lost. 

Committee  amendment  to  section  1,  chapter  2,  was  adopted. 

Mr.  Finch  moved  to  add  to  section  20  of  chapter  1,  section  1 
of  chapter  81  of  Acts  of  Twenty-sixth  Greneral  Assembly. 

Adopted. 

Mr.  Martin  moved  to  strike  out  of  section  20,  chapter  1,  the 
words  ''having  an  interest  therein,"  and  inserting  the  words 
"desiring  the  same." 

Lost  by  a  vote  of  22  yeas  to  38  nays. 

MESSAGES  FROM  THE  SENATE. 

The  following  messages  were  received  from  the  Senate: 


188  JOURNAL  OF  THB  HOUSE.  [Feb.  10, 

Mb.  SPEAKBBr^I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  paaaed  the  following  bill,  in  which  the  eonevrrence  of  the 
House  is  asked: 

Substitute  for  Senate  file  No.  45,  a  bill  for  an  act  to  revise,  amend  and 

codify  the  statutes  in  relation  to  the  system  of  common  schools.  [ 

Obo.  a.  Newman, 

I 
i 


Read  first  and  second  time  and  referred  to  Committee  on 
School  and  Text  Books. 
Also: 

Ms.  SPEAKXB — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following-  bill,  in  which  the  concurrence  of  the 
House  is  asked: 

Senate  file  No.  15,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  relative  to  the  militia. 

Geo.  a.  Newman, 


Bead  first  and  second  time  and  referred  to  Committee  on 
Military. 

On  motion  of  Mr.  Tibbitts,  the  House  adjourned  till  9  a.  m. 
to-morrow. 


\ 


1897.]  JOURNAL  OP  THE  HOUSE.  189 


HAiiL  OF  THE  House  of  Befbebentatiyes,     ) 
Des  Moikes,  Iowa,  Thursday,  February  11,  1897.  ) 

The  House  met  at  9  a.  m.  ,  with  Speaker  Byers  in  the  chair. 
Prayer  was  offered  by  Rev.  A.  L.  Grolden,  of  Des  Moines, 
Iowa. 

PETITIONS  AND  MEMORIALS. 

Mr.  Speaker  and  Messrs.  Baker,  Hinkhouse  and  Doubleday 
presented  petitions  of  citizens  of  their  respective  counties,  ask- 
ing for  the  passage  of  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Cornwall,  Nolan,  Thompson  and  Doubleday  pre- 
sented petitions  of  citizens  of  their  respective  counties,  asking 
for  a  2-cent  fare. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Reed  presented  remonstrance  of  citizens  of  Story  county, 
against  the  passage  of  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Bymgton  presented  petition  of  citizens  of  Johnson 
county,  asking  for  a  law  to  provide  that  coal  shall  be  weighed 
by  the  city  wood  measurer  and  on  scales  owned  by  the  city. 

Referred  to  Committee  on  Municipal  Corporations. 

Mr.  Doubleday  presented  memorial  of  Crocker  Post  No.  12, 
G.  A.  R.,  asking  a  levy  of  five- tenths  mills  when  necessary  for 
the  Soldiers'  Relief  Fund. 

Referred  to  Committee  on  Military. 

Mr.  Parker  presented  petition  of  citizens  of  Mills  county, 
against  the  revenue  bill  as  relating  to  building  and  loan  asso- 
ciations. 

Referred  to  Committee  on  Building  and  Loan  Associations. 

Mr.  Voelker  presented  petition  of  the  Typographical  union 
No.  22,  of  Dubuque,  against  any  change  in  present  law  in 
reference  to  State  printer  and  binder. 

Referred  to  Committee  on  Printing. 


190  JOURNAL  OP  THE  HOUSE  [Feb.  11, 

Mr.  Johnson  of  Webster  presented  memorial  of  J.  T. 
Svenson  of  Growrie,  Iowa,  asking  that  sections  62  and  64  be 
stricken  out  of  the  new  Code. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Funk  presented  petition  of  citizens  of  Radcliffe,  Iowa, 
asking  a  board  of  examiners  for  all  parties  engaged  in  steam 
engineering. 

Referred  to  Committee  on  Code  Revision,  First  Division. 

On  motion  of  Mr.  Bell,  House  file  No.  47  was  ordered  recalled 
from  the  Senate. 

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

Whebeas,  The  Hon.  A.  J.  Wood,  recently  deceased,  was  an  honored 
and  useful  member  of  the  Iowa  House  from  Poweshiek  county  during  the 
Seventeenth  and  Eighteenth  General  Assemblies;  therefore,  be  it 

Resolved,  That  a  committee  of  three  be  appointed  to  draft  fitting  reso- 
lutions commemorating  the  character  and  usefulness  of  Mr.  Wood  as  a 
legislator  and  as  a  citizen. 

Adopted. 

The  Speaker  appointed  as  such  committee  Messrs.  Ray, 
Dowell  and  Lowry. 

INTRODUCTION  OP  BILLS. 

By  Mr.  Brant,  House  file  No.  89,  a  bill  for  an  act  to  amend 
sections  17,  18  and  24  of  chapter  62,  acts  of  the  Twenty-fifth 
Greneral  Assembly,  and  to  make  the  same  applicable  to  cities 
organized  and  operating  under  special  charters,  was  read  first 
and  second  times. 

On  motion  of  Mr.  Funk,  rule  43  was  suspended  and  the  bill 
taken  up  and  considered  now. 

Mr.  Brant  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bowen,  Brady,  Brant,  Brinton, 
Byington,  Chapman,  Classen,  Cornwall,  Crow,  Davis,  Double- 
day,  Dowell,  Early,  Edwards,  Punk,  Good,  Grote,  Gurley, 
Haugen,  Hauger,  Hazen,  Render  shot,  Hinkhouse,  Himnan, 
Hunt,  Jay,  Johnston  of  Franklin,  Klemme,  Ladd,  Lambert, 
Lauder,  Lowry,  Mc Arthur,  McDonald,  McDowell,  McNulty, 
Marti,  Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller 
of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nietert,  Nolan,  Parker,  Porter,  Potter,  Power,  Prentis,  Putnam, 


1897.]  JOURNAL  OF  THE  HOUSE.  191 

Ray,  Beed,  Smith,  Sullivan,  Temple,  Thompson,  Tibbitts, 
Voelker,  Watters,  Weaver,  Wheeler,  Whelan,  Whittier, 
Williams,  Wilson,  Mr.  Speaker — 72. 

The  nays  were: 

Messrs.  Bell,  Clark,  Cook,  Pinch,  Frazee,  Prink,  Huntley, 
Jackson,  Loomis,  McAchran,  Manahan,  Scott,  Spaulding, 
Van  Houten,  Wells — 15. 

Absent  or  not  voting: 

Messrs.  Bird,  Brighton,  Evans,  Gamer,  Griswold,  Hayes, 
Johnson  of  Webster,  Lavender,  McQuin,  Miller  of  Cherokee, 
Perrott,  St.  John,  Wood— 13. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  following  explanations  of  votes  were  filed: 

Mb.  Speaker — Haying  never  in  any  way  recocrnized  the  justice  of  the 
mulct  law.  I  vote  **no." 

F.  B.  Maitahan. 
Mb.  Speakeb — I  vote  **aye"  because  there  are  a  great  many  who  have 
paid  for  the  right  to  seU,  and  I  do  not  believe  it  is  right  to  deprive  them  of 
that  right  until  their  time  expires. 

J.  P.  McDowell. 
Mb.  Sfeakeb^I  vote  **no"  on  House  file  No.  89,  by  Brant,  because  the 
bill  does  not  provide  for  an  opportunity  to  manufacture  the  goods  for 
which  the  sale  is  provided. 

A.  £.  Jackson. 

The  following  motion  to  reconsider  was  filed. 

Mb.  Speakeb — I  move  a  reconsideration  of  the  vote  by  which  Martin's 
amendment  to  section  20,  House  file  No.  16,  was  lost. 

Wm.  H.  Klbhmb. 
I  second  the  motion. 

W.  G.  Bay. 
REPORTS  OF  COMMITTEES. 

Mr.  Bowen,  from  the  Committee  on  Public  Health,  submitted 
the  following  report: 

Mb.  Speakeb — Your  Committee  on  Pnblic  Health,  to  whom  was 
referred  Honse  file  No.  43,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  State  board  of  health,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  the  same  baok  to  the  House  with  the  recommendation  that  the  same 
do  pass  with  the  following  amendments: 

Strike  out  all  of  section  3,  and  insert  in  lieu  thereof  the  following: 

^'Section  3.  It  shall  be  the  duty  of  all  assessors  at  the  time  of  making 
assessment,  to  obtain  and  report  to  the  county  auditor  upon  blanks  adopted 
by  the  State  board  of  health,  and  furnished  by  the  auditor,  such  registra- 
tion of  births  and  deaths  as  occur  within  their  respective  districts  for  the 
year  ending  December  31,  immediately  preceding.'* 

Also  strike  out  all  of  section  4  and  insert  in  lieu  thereof  the  following: 


192  JOURNAL  OF  THE  HOUSE.  [Feb.  11, 

* 'Section  4.  The  clerk  of  the  court  in  each  county  shall  keep  a  book  in 
which  shall  be  recorded  all  marria^s  occurring  within  the  county, 
together  with  such  dates  respecting  the  same  as  shall  be  required  by 
the  State  board  of  health,  and  shall  report  to  the  secretary  of  the  State 
board  of  health  on  or  before  the  first  day  of  June  in  each  year  such  data 
respecting  such  marriages  for  the  year  ending  December  31,  immediately 
preceding.  The  auditor  of  each  county  shall  keep  a  book  in  which  stiall 
be  recorded  all  births  and  deaths  occurring  within  the  county  as  shown  by 
the  returns  filed  in  his  office  by  the  assessor  as  provided  in  section  3;  and 
on  or  before  the  first  day  of  June  in  each  year  shall  furnish  to  the  sec- 
retary of  the  State  board  of  health  a  report  of  such  births  and  deaths.'* 

In  line  1  of  section  6,  page  519,  strike  out  the  word  *4t"  and  Insert  in 
lieu  thereof  the  words  **The  local  board;"  also,  in  section  11,  line  1,  page 
531,  insert  after  the  word  '"secretary"  the  following  words,  "of  the  State 
board  of  health;'*  also,  in  the  same  line  and  section  strike  out  the  word 
"State"  after  the  word  "the." 

D.  H.  BowEN, 

Cbmirman. 

Ordered  passed  on  file. 

Mr.  Finch,  from  the  Committee  on  Code  Revision,  Division 
No.  3,  submitted  the  following  report: 

Mb.  Speakeb— Your  Ck)mmittee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  82,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  relating  to  procedure  in  particular  cases,  beg  leave 
to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to*report  the  same  back  to  the  House  with  the  recommenda- 
tion that  the  same  do  pass  with  the  following  amendments: 

Page  803,  section*?,  insert  between  the  words  "pleading"  and  "must"  the 
words  "if  in  justice  court." 

Add  to  said  section  7  the  following:  "If  in  district  or  superior  courts, 
the  same  as  is  required  in  ordinary  actions." 

Page  803,  section  8,  line  1,  insert  the  words  "in  justice  court"  between 
"made"  and  "for." 

Page  805,  section  5,  line  4,  insert  the  word  "if"  between  the  words  "and" 
and  "he." 

Chapter  7,  section  1,  line  2,  strike  out  "by  a  sheriff  or  constable." 

Page  811,  section  7,  line  4,  after  "officer"  insert  "or  person  making  sale." 

Section  8,  line  1,  strike  out  the  word  "sheriff"  and  insert  the  words 
"officer  or  person." 

Page  813,  section  23,  line  4,  between  "to"  Jand  "so,"  insert  the  word 
"do." 

Page  813,  section  23,  line  5,  strike  out  the  word  "sixty"  and  insert  the 
word  "thirty"  in  lieu  thereof. 

Page  813,  section  23,  line  5,  after  the  word  "requested*'  insert  "in 
writing." 

Add  to  said  chapter  7  the  following: 

"Section  27.  Any  contract  hereafter  made  for  the  sale  of  real  estate  in 
the  State  of  Iowa,  and  which  provides  for  the  forfeiture  of  vendee's 
rights  therein  upon  the*  happening  of  certain  conditions,  shall  Bot  be 
forfeited  or  caneelled  unless  thirty  days  before  a  deolaration  of  forfeiture 


1897.]  JOURNAL  OF  THE  HOUSE.  198 

is  made  a  written  notice  be  served  on  the  vendee  or  assignee,  notiee  of 
whose  right  as  assignee  has  been  eonveyed  to  vendor  and  on  the  party  in 
possession  of  said  rea  estate,  which  notice  shall  be  served  in  the  same 
manner  and  by  the  same  parties  authorized  to  serve  original  notices,  and 
shall  contain  a  ded  -^  :ion  of  an  intention  to  forfeit  said  contract  and  the 
reason  therefor. 

* 'Section  28.  For  the  period  of  thirty  days  after  service  of  said  notice, 
the  vendee  or  those  claiming  under  him,  may  discharge  any  unpaid  pay- 
ment and  costs  of  service  of  notice  of  forfeiture,  or  perform  any  condition 
broken;  and,  if  said  payments  are  made  or  said  conditions  broken  are  per- 
formed within  said  period  of  thirty  days,  the  right  to  forfeit  for  default 
occurring  before  said  notiee  is  served  is  terminated. 

*' Section  29.     The  requirements  contained  in  sections  27  and  28  shall 
be  operative  in  all  cases  where  the  intention  of  the  parties,  as  gathered- 
from  the  contract  and  surrounding  circumstances,  is  to  sell  or  agree  to  sell 
an  interest  in  real  estate,  any  contract  or  agreement  of  the  parties  to  the 
contrary  notwithstanding." 

Chapter  8,  section  4,  line  1,  between  *'duty*'  and  '*is"  insert  the  word 
*'it." 

Chapter  8,  strike  out  all  of  section  6. 

Page  818,  section  10,  line  4,  before  the  word  *'judge"  insert  *'or;"  after 
the  word  ^'either"  strike  out  the  word  **or." 

After  each  chapter  and  number  thereof  add  **title  XXI." 

Strike  out  all  references,  marginal  figures  and  underscoring. 

P.  FnrcHg 
CbairmMn. 

Ordered  passed  on  file. 

Mr.  Reed,  from  the  Committee  on  School  and  Text  Books, 
submitted  the  following  report: 

Mb.  Speaker —Your  Committee  on  School  and  Text  Books,  to  whom 
was  referred  House  file  No.  63,  a  bill  for  an  act  to  revise,  amend  and  cod- 
ify the  statutes  in  relation  to  the  school  fund,  being  chapter  16  of  title 
XIII,  beg  leave  to  report  that  they  have  had  the  same  under  considera- 
tion and  have  instructed  me  to  report  the  same  back  to  the  House  with 
the  recommendation  that  the  same  do  pass  with  the  following  amend- 
ments: 

SectioQ  1,  line  8,  strike  out  ^'interstate"  and  insert  '^intestate." 

Section  3,  line  2,  after  the  word  ''section"  strike  out  "or*  and  insert 
"or." 

Section  4,  line  — ,  strike  out  "of"  after  the  word  "section"  and  insert 
'*or." 

Section  9,  line  3,  strike  out  "three"  and  insert  "six." 

Strike  out  all  marginal  and  reference  numbers. 

J.  F.  Reed, 
Chmirman, 

Ordered  passed  on  file. 

Mr.  Wood,  from  the  Committee  on  Appropriations,  submitted 
the  following  report: 
13 


194  JOORNAL  OF  THE  HOUSE.  [Feb.  11, 

Mb.  Speakvb — Your  Committee  on  Appropriations,  to  whom  was 
referred  Homae  file  No.  1,  a  bill  for  an  act  making  a  special  appropriation 
for  the  Institution  for  Feeble  Minded,  at  Qlenwood,  Iowa,  beg  leave  to 
report  that  they  hare  had  the  same  under  consideration  and  have  instructed 
me  to  report  a  substitute  for  the  same  back  to  the  House  with  the  recom- 
mendation that  the  substitute  do  pass. 

A.  L.  Wood, 

Chairman. 

Substitute  read  first  and  second  time  and  ordered  passed  on 
file. 

Mr.  Davis,  from  the  Committee  on  Pharmacy,  submitted  the 
following  report. 

Mb.  Spbakeb — Tour  Committee  on  Pharmacy,  to  whom  was  referred 
chapter  18,  title  18,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes  in  relation  to  pharmacy,  beg  leave  to  report  that  they  have  had  the 
same  under  consideration  and  have  instructed  me  to  report  the  same  baek 
to  the  House  with  the  recommendation  that  the  same  do  pass  with  the 
foUowing  amendments: 

Amend  by  inserting  after  section  1,  sections  1,  3  and  3,  of  chapter  59, 
of  the  laws  of  the  Twenty-sixth  General  Assembly,  regular  session. 

Section  1.  That  the  commissioners  of  pharmacy  shall  annually,  on  the 
fitBt  Monday  in  May,  elect  a  suitable  person,  who  shall  not  be  a  member  of 
said  board,  and  who  shall  be  known  as  *  ^secretary  and  treasurer;"  said 
secretary  and  treasurer  shall  enter  upon  the  discharge  of  his  duties  as 
soon  as  he  shaU  have  filed  with  the  Secretary  of  State  a  good  and  sufficient 
bond,  in  the  penal  sum  of  fifteen  hundred  dollars,  signed  by  at  least  two 
sureties,  who  shall  Justify  in  the  aggregate  to  double  the  amount  of  said 
bond,  and  which  shall  bear  upon  its  face  the  approval  of  the  Governor. 

The  salary  of  said  secretary  and  treasurer  shall  not  exceed  fifteen 
hundred  dollars  per  annum. 

Section  2.  The  secretary  and  treasurer  shall  keep  in  his  office  a  book 
known  as  the  "commissioners  of  pharmacy  license  and  fee  book,"  which 
shall  be  made  with  ruled  columns  and  printed  headings,  showing  the  date, 
the  name  of  the  person  paying,  and  the  amount  of  each  license  and  fee 
paid,  in  which  he  shall  enter  all  fees  or  lieenses  received  by  him,  and  on 
the  first  Monday  of  each  month  he  shall  file  with  the  Auditor  of  State  a 
true  statement  thereof  for  the  previous  month,  properly  sworn  to  by  him, 
and  shall  quarterly  pay  into  the  State  treasury,  on  the  first  day  of  January, 
April,  July  and  October  of  each  year,  the  amount  of  license  fees  payable 
by  law  into  such  treasury. 

Section  3.  The  books,  aooomnts,  vouchers  and  funds  belonging  to,  or 
kept  by  said  board  of  commissioners  of  pharmacy,  shall  at  aU  times  be 
open  or  subject  to  the  inspection  of  the  Governor,  or  any  committee 
appointed  by  him. 

Section  two  (t),  line  6,  after  the  word  ' 'prescription*'  insert  the  word 

**only." 

Section  4,  line  3,  strikeout  after  * 'dollars"  the  words  "and  with  an  exam- 
ination five  doUars"  and  insert  the  following:  "and  each  and  every  person 
whom  they  examine  oraUy,  or  whose  answers  to  a  schedule  of  questions  are 


i897.1  JOURNa£  of  THE  HOUSE.  195 

returned  subscribed  to  under  oath,  the  sum  of  five  dollars,  which  shall  be 
in  full  for  all  services.  And  in  case  the  examination  of  said  person  shall 
proTe  defeotiye  and  unsatisfactory  and  his  name  not  be  reg^istered 
he  shall  be  permitted  to  present  himself  for  re-ezamination  within  any 
period  not  exceeding  twelve  months,  next  thereafter,  and  no  charg^e  shall 
be  made  for  re-examination.  The  said  commissioners  are  authorized  to 
■administer  oaths  and  take  and  certify  the  acknowledgments  of  instru- 
ments in  writing.  '* 

Section  7,  line  17,  strike  out  **both"  and  * 'purchaser"  and  insert  ''the 
dispenser." 

Section  8,  li^e  3,  insert  after  the  word  ''treasurer"  the  words  "of  the 
•commission  of  pharmacy,"  and  in  line  7  add  to  said  section  the  following: 
"and  shall,  upon  conviction,  pay  U  fine  of  not  less  than  one  hundred  dol- 
lars ($100),  nor  more  than  two  hundred  dollars  ($200)." 

"In  actions  or  prosecutions  under  this  chapter  it  need  not  be'proven  that 
the  defendant  has  not  a  license,  but  such  fact  shall  be  a  matter  of  defense.'* 

M.  J.  Davis, 

Cbairman, 

Ordered  passed  on  file. 

Mr.  Brinton,  from  the  Committee  on  Code  Revision,  Fourth 
Division,  submitted  the  following  report: 

Mb.  Spbakbb — Your  Committee  on  Code  Revision,  Fourth  ^Division,  to 
whom  was  referred  certain  acts  of  the  Twenty-sixth  General  Assembly, 
beg  leave  to  report  that  they  have  had  the  same  under  consideration  and 
have  instructed  me  to  report  the  same  back  to  the  House  with  the  recom- 
mendation that  the  same  be  re-referred  as  follows: 

Chapter  15,  to  the  Committee  on  Cities  and  Towns. 

Chapter  37,  to  the  Committee  on  School  and  Text  Books. 

Chapter  38,  to  the  Committee  on  School  and  Text  Books. 

Chapter  39,  to  the  Committee  on  School  and  Text  Books. 

Chapter  40,  to  the  Committee  on  School  and  Text  Books. 

Chapter  49,  to  the  Committee  on  Public  Libraries. 

Chapter  50,  to  the  Committee  on  Public  Libraries. 

Chapter  62,  to  the  Committee  on  Elections. 

Chapter  68,  to  the  Committee  on  Elections. 

Chapter  80,  to  the  Committee  on  Fish  and  Game. 

Chapter  92,  to  the  Committee  on  Mines  and  Mining. 

Chapter  93,  to  the  Committee  on  Mines  and  Mining. 

M.  H.  Bbinton, 

Cbairm&n. 

Referred  to  Committee  on  Distribution  of  the  Acts  of 
Twenty- sixth  General  Assembly. 

Also: 

Mb.  Spsakbb— Your  Committee  on  Code  Revision,  Fourth  Division,  .to 
whom  was  referred  House  file  No.  85,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  crimes  and  punishments,  beg  leave  to 
report  that  they  have  had  the  same  under  consideration  and  have  instructed 
me  to  report  the  same  back  to  the  House  with  the  foUowing  amendments: 


196  JOURNAL  OF  THE  HOUSE.  [Feb.  11, 

Page  869,  section  34,  line  2,  strike  out  the  word  ''three"  and  insert  the 
word  '*five." 

Same  page,  section  35,  line  2,  strike  ont  the  word  **or"  and  insert  the 
word  **of." 

Page  870,  beginning  with  and  including  section  40,  increase  the  section 
numbers  by  2  through  the  chapter,  and  insert  as  sections  40  and  41  the  fol- 
lowing: 

Sec.  40.  Every  husband  shall  be  deemed  guilty  of  a  misdemeanor  who 
shall,  without  good  cause,  abandon  his  wife  and  wilfully  neglect  or  refuse 
to  maintain  and  provide  for  her,  or  who  shall  abandon  his  child  or  chil- 
dren under  the  age  of  twelve  years,  and  wilfully  neglect  or  refuse  to  main- 
tain and  provide  for  such  child  or  children.  ' 

Sec.  41.  No  other  evidence  shall  be  required  to  prove  that  such  husband 
was  married  to  such  wife,  or  that  he  is  the  lawful  father  of  such  child  or 
children,  than  is  or  shall  be  required  to  prove  such  fact  or  facts  in  a  civil 
action. 

Page  873,  section  15,  lines  5  and  6,  strike  out  the  words,  '*and  the  pos- 
session of  such  tools  or  implements  shall  be  presumptive  evidence  of  his 
intent  to  commit  burglary." 

Same  page,  beginning  with  and  including  section  18,  increase  the  sec- 
tion numbers  throughout  the  chapter  by  O1.0  insert  as  section  18  the 
following,  being  chapter  36  of  the  Twenty-sixth  General  Assembly. 

Sec.  18.  If  any  person  unlawfully  break  and  enter  any  freight  or 
express  can  which  is  sealed  or  locked,  in  which  any  goods,  merchandise,  or 
valuable  things  are  kept  for  use,  deposit  or  transportation,  he  shall  be 
imprisoned  in  the  penitentiary  not  more  than  five  years,  or  be  fined  not 
exceeding  one  hundred  dollars,  and  imprisoned  in  the  county  jail  not  more 
than  one  year. 

Same  page,  section  18,  line  5,  strike  out  the  word  "fifteen"  and  insert 
the  word  *'five." 
.  Same  page,  section  19,  line  4,  strike  out  the  words,  **in  the  first  degree." 

Page  874,  section  21,  line  6,  strike  out  the  word  "ten"  and  insert  the 
word  "three." 

Same  page,  section  22,  line  5,  strike  out  the  words  "nor  less  than  one 
year." 

Pages  876  and  877,  strike  out  the  whole  of  section  19. 

Page  877,  strike  out  the  numbers  of  sections  20,  21,  22,  23  and  24  and 
insert  the  numbers  19,  20,  21,  22  and  23  in  lieu  thereof.  And  insert  as  sec- 
tion 24  the  following,  being  chapter  87  acts  of  the  Twenty-sixth  General 
Assembly: 

Sec.  24.  If  any  person  maliciously,  wilfully  and  feloniously  cut,  break, 
sever  or  unfasten  any  tug,  strap,  line  or  other  part  of  any  harness, 
attached  to  any  horse  or  team,  or  maliciously  and  feloniously  remove, 
break,  unfasten  or  injure  any  part  of  any  vehicle,  he  shall  be  imprisoned 
in  the  penitentiary  not  to  exceed  one  year,  or  be  imprisoned  in  the 
county  jail  not  to  exceed  six  months  or  be  fined  not  to  exceed  five  hundred 
dollars. 

Page  879,  section  1,  line  8,  strike  out  the  word  "five"  and  insert  the 
word  "fifteen." 


1897.]  JOURNAL  OP  THE  HOUSE.  197 

Page  879,  beginning  with  section  4,  increase  the  section  numbers  b/ 
three  throughout  the  chapter  and  insert  as  sections  4,  5  and  6,  the  follow- 
ing, being  chapter  71,  of  the  acts  of  the  Twenty-sixth  •General  Assembly. 

Sec.  4.  Whoeyer  shall  wilfully  take,  carry  away,  or  otherwise  convert 
to  his  own  use,  or  sell  or  dispose  of,  without  the  consent  of  td  o  wner  or 
owners,  any  pile,  logs,  or  cant  suitable  to  be  worked  into  plank,  board, 
joists,  shingles,  or  other  lumber,  the  property  of  another,  whether  the 
owner  thereof  be  known  or  unknown,  lying  or  being  in  any  lake,  bay,  or 
river  in  or  bordering  on  this  state  or  in  any  tributary  of  such  lake,  bay, 
or  river,  or  tributary,  or  on  any  shough,  ravine,  island,  bottom,  or  land 
adjoining  any  such  lake,  bay,  or  river,  or  tributary,  such  property  being 
so  taken,  earried  away,  or  otherwise  converted,  or  sold,  or  disposed  of 
within  this  State,  or  taken  possession  of  with  intent  to  sell  or  dispose  of, 
as  aforesaid,  or  cuts  out,  mutilates,  destroys,  or  renders  illegible  the 
marks  or  mark  thereon,  destroying  the  identification  thereof,  or  in  any 
manner  wilfully  injures  any  such  logs,  not  his  own,  or  places  upon  such 
logs,  or  pieces  of  timber,  any  mark  or  device  other  than  the  original  mark 
or  device,  shall  be  deemed  guilty  of  the  crime  of  larceny,  and  on  convic- 
tion thereof,  shall  be  fined  not  less  than  $50,  and  be  imprisoned  in  the 
county  jail  not  less  than  three  months,  and  on  a  second  conviction  for  a 
like  crime  shall  be  '  I  oot  less  han  $100  and  be  imprisoned  in  the 
penitentiary  not  more  than  two  years. 

Sec.  5.  Every  person  guilty  of  any  of  the  offenses  described  in  the 
preceding  section,  shall,  whether  convicted  thereof  in  a  criminal  prosecu- 
tion or  not,  be  liable  to  pay  the  owner  or  owners  of  such  pile,  log,  cant 
or  other  lumber  respecting  which  the  offense  is  committed,  double  the 
amount  of  the  value  of  the  same,  to  be  recovered  in  an  action  therefor. 

Sec.  6.  In  any  prosecution  under  the  two  preceding  sections,  if  any 
such  pile,  logs  or  cant  shall  be  found  in  the  possession  of  the  defendant, 
either  with  or  without  the  mark  cut  out  or  destroyed,  or  partly  cut  out  or 
destroyed,  or  partly  sawed  or  manufactured  into  lumber  of  any  kind, 
fence  posts,  fence  rails  or  stove  wood,  such  possession  shall  be  presumptive 
evidence  of  his  guilt;  the  owner  of  any  such  pile,  log,  cant  or  other  lumber, 
may  at  any  time  lawfully,  by  himself  or  agent,  enter  in  a  peaceable 
manner  into  or  upon  any  mill  or  mill-boom  or  raft  of  logs,  piles,  cant  or 
other  lumber  in  any  river  or  its  tributaries  in  or  bordering  on  this  State, 
or  on  or  near  the  banks  of  such  lakes,  bays  or  rivers  or  their  tributaries 
in  search  of  any  such  pile,  log,  cant  or  other  lumber  which  he  may  have 
lost,  and  any  person  who  shall  wilfully  prevent  or  obstruct  such  search 
ehall,  upon  conviction  thereof,  be  liable  to  a  penalty  of  not  less  than 
twenty  dollars  nor  more  than  fifty  dollars  for  every  such  offense. 

Page  880,  section  7,  line  12,  strike  out  the  word  *'five"  and  insert  the 
word  "fifteen." 

Page  880,  insert  after  section  7  the  following,  being  chapter  67  of  the 
acts  of  the  Twenty-sixth  General  Assembly: 

Any  such  officer,  who  shall  receive  any  money  belonging  to  the  State, 
•county,  township,  school  or  municipality,  or  State  institution  of  which  he 
is  an  officer,  shall  be  deemed  to  have  received  the  isame  by  virtue  of  his 
office,  and  in  case  he  fails  or  neglects  to  account  therefor  upon  demand  of 
the  person  entitled  thereto  he  shall  be  deemed  guilty  of  embezzlement 
and  shall  be  punished  as  above  provided. 


»r 


198  JOURNAL  OP  THE  HOUSE.  [Feb.  11, 

.    Page  888,  section  20,  line  3,  insert  after  the  word    '*ten*'  the  word 
••years." 

Page  889,  section  23,  line  3,  insert  after  the  word  ''custody"  the  worda 
•*with  or  without  a  warrant." 

Page  889,  strike  out  section  27  and  insert  the  following,  being  chapter 
106,  acts  of  the  Twenty-sixth  General  Assembly: 

Sec.  27.  If  any  person  confined  in  a  county  jail  upon  any  criminal 
charge,  either  before  or  after  a  conviction  for  a  criminal  offense,  break  jail 
and  escape  therefrom ,  he  shall  be  imprisoned  in  such  jail  not  exceeding- 
one  year  and  fined  not  exceeding  three  hundred  dollars;  'provided,  that 
when  such  jail  breaking  occurs  during  incarceration  after  conviction  or 
before  trial  for  a  criminal  offense  whereof  he  is  afterwards  convicted, 
in  either  of  such  cases,  the  sentence  to  commence  from  and  after  the 
expiration  of  the  sentence  upon  the  original  charge. 

Page  894,  amend  the  title  to  chapter  9  by  prefixing  the  word  *'Of "  thereto. 

Page  895,  section  5,  line  6,  insert  after  the  second  word  **son,"  the  follow- 
ing: '*or  if  any  man  or  woman  marry  within  the  fourth  degree  of  con- 
•anguanity." 

Page  897,  section  20,  line  2,  after  the  word  *  Sprinted,"  insert  the  worda 
'*or  written."    Same  section,  line  4,  after  the  word   ^'printed,"  insert  the 
words  **or  written."    Same  section,  lines  6  and  7,  strike  out  the  words. 
**coanty  jail,"  and  insert  the  word  '* penitentiary."    Same  section,   line  7, 
strike  out  the  words  ^'thirty  days,"  and   insert  the  words   ''one  jear.* 
Same  line,  strike  out  the  word  "hundred,"  and  insert  the  word,  "thousand 

Page  898,  beginning  with  and  including  section  number  27,  increase 
the  section  numbers  by  1,  and  insert  as  section  27,  the  following: 

Sec.  27.  If  any  person  exhibit  through  a  phonograph  or  any  other 
instrument  for  receiving  and  reproducing  the  human  voice,  any  story, 
song,  or  any  other  matter  containing  any  obscene,  indecent,  or  immoral 
language,  he  shall  be  imprisoned  in  the  penitentiary  not  more  than  one 
year,  or  be  fined  not  exceeding  one  thousand  dollars. 

Page  902,  section  9,  line  2,  insert  after  the  word  "food,"  the  words  "or 
confection." 

Page  906,  strike  out  the  section  numbers  4  and  5  and  substitute  therefor 
the  numbers  5  and  6  and  insert  as  section  4  the  following,  being  chapter 
95,  acts  of  the  Twenty-sixth  Qeneral  Assembly. 

Sec.  4.  Any  person  who  shall  keep  and  maintain  in  any  shop,  house, 
room,  or  other  place,  to  be  resorted  to  by  other  persons  in  which  opium 
or  any  of  its  preparations  or  compounds,  is  sold  or  given  away  to  be 
smoked  or  used  in  such  place,  or  who  allows  opium  or  any  of  its  prepara- 
tions to  be  smoked  in  such  shop,  house,  room,  or  other  place,  and  every 
person  who  resorts  to  such  shop,  house,  room,  or  other  place  for  the  pur- 
pose of  smoking  opium  or  its  preparations  and  compounds  shall  be 
deemed  guilty  of  a  misdemeanor  and  upon  conviction  thereof  shall  be 
fined  not  exceeding  five  hundred  dollars  or  imprisoned  in  the  county  jail 
not  exceeding  six  months,  or  both. 

The  State,  upon  the  trial  of  any  person  indicted  for  keeping  a  place 
described  in  this  section,  may,  for  the  purpose  of  establishing  the  charac- 
ter of  the  place  so  kept  by  the  defendant,  introduce  evidence  of  the  gen- 
eral reputation  of  such  place  so  kept,  and  such  evidence  shall  be  compe- 
tent for  such  purpose. 


1897.]  JOURNAL  OF  THE  HOUSE.  199 

Pages  906  to  909,  beginning  with  and  including  section  number  6  and 
extending  to  and  including  section  number  21,  increase  the  section  num- 
bers by  2,  and  on  page  906  insert  as  section  7  the  following,  being  chapter 
96,  acts  of  the  Twentj-sizth  General  Assembly. 

Sec  7.  No  one,  by  himself,  clerk,  servant,  employe,  or  agent,  shall, 
for  himself  or  any  person  else,  directly  or  indirectly,  or  upon  any  pre- 
tense, or  by  any  device,  manufacture,  sell,  exchange,  barter,  dispense, 
give  in  the  consideration  of  the  purchase  of  any  property,  of  any  services, 
or  in  evasion  hereof,  or  keep  for  sale  any  cigarettes,  or  cigarette  paper, 
or  cigarette  wrappers,  or  any  paper  made  or  prepared  for  the  purpose  of 
making  cigarettes,  or  for  the  purpose  of  being  filled  with  tobacco  for 
smoking;  or  own,  or  keep,  or  be  in  any  way  concerned,  engaged  or 
employed,  in  owning  or  keeping  any  such  cigarettes  pr  cigarette  paper,  or 
wrappers  with  intent  to  violate  any  provision  of  this  section;  or  authorize 
or  permit  the  same  to  be  done;  whoever  is  found  guilty  of  violating  any 
of  the  provisions  of  this  section  for  the  first  offense  shall  pay  a  fine  of  not 
less  than  twenty-five  dollars  nor  more  than  fifty  dollars  and  costs  of  pros- 
ecution, and  stand  committed  to  the  county  jail  until  such  fine  and  costs 
are  paid;  for  the  second  and  each  subsequent  offense  he  shall  pay,  upon 
conviction  thereof,  a  fine  of  not  less  than  one  hundred  dollars  nor  more 
than  five  hundred  dollars  and  the  costs  of  prosecution,  or  be  imprisoned 
in  the  county  jail  not  to  exceed  six  months;  provided,  that  the  provisions 
hereof  shall  not  apply  to  the  sales  of  jobbers  doing  an  inter- state  business 
with  customers  outside  the  State. 

Page  907,  section  10,  line  3,  strike  out  the  words  **ruffed  grouse  or 
pheasant,  wild  turkey  or."  Same  section,  line  4,  strike  out  the  word 
'^October"  and  insert  the  word  ^'November."  Same  section,  strike  out  all 
after  the  word  ** August*'  and  insert  at  the  dose  of  the  section  the  follow- 
ing: ''the  killing  of  any  ruffed  grouse  or  pheasant  or  wild  turkey  is  pro- 
hibited until  November  1,  1892,  and  thereafter  between  the  first  day  of 
January  and  first  day  of  October  in  each  year." 

Page  907,  section  11,  line  3,  strike  out  the  word  '*twenty-five"  and 
insert  the  word  * 'fifteen."  Same  section,  line  4,  strike  out  the  word 
"twenty- five"  and  insert  the  word  **fifteen." 

Page  908,  section  15,  line  5,  strike  out  the  words  ''twenty-five  dollars 
for  each  wild  deer,  elk  or  fawn." 

Page  909,  section  20,  line  4,  strike  out  the  words  "horse,  mule  or  ass" 
and  insert  the  word  "animal." 

Same  page,  section  21,  line  3,  strike  out  the  words  "horse,  mule  or  ass*' 
and  insert  the  word  "animal." 

Same  page,  insert  after  section  23  as  sections  24,  25,  26,  27  and  28  the 
following: 

Sec  24.  The  owner  or  person  having  charge  of  any  swine,  any  of  which 
die  or  are  killed  on  account  of  any  disease,  shall,  upon  such  fact  coming 
to  his  knowledge,  immediately  bum  or  bury  the  same  three  feet  beneath 
the  surface. 

Sec  25.  No  person  shall  sell  or  give  away,  or  offer  for  sale  any  swine 
that  have  died  of  any  disease,  or  that  have  been  killed  on  aceount  of  any 
disease. 


200  JOURNAL  OF  THE  HOUSE.  [Feb.  11, 

S«c.  36.  No  person  shall  oonyey  upon  or  along  a  uy  ublic  highway  or 
other  public  ground,  or  any  private  land,  ezceo^  ^t  owned  or  leased  by 
him,  any  diseased  swine,  or  swine  that  havi.  ^led  of,  or  have  been  killed 
on  account  of  any  disease.  Upon  the  trial  for  the  violation  of  the  provis- 
ions of  this  section,  the  proof  that  any  person  has  hauled,  or  is  hauling, 
dead  swine  from  a  neighborhood  in  which  swine  have  been  dying,  or  are 
at  the  tune  dying,  from  any  disease,  shall  be  presumptive  evidence  of  his 
guilt. 

Sec.  27.  It  shall  be  unlawful  for  any  person  negligently  or  wilfully  to 
allow  his  hogs  or  those  under  his  control,  infested  with  any  disease,  to 
escape  his  control  or  run  at  large. 

Sea  28.  Any  person  violating  or  falling  to  comply  with  any  provision 
of  the  four  preceding  sections  shall  be  fined  not  less  than  five  nor  more 
than  one  hundred  dollars,  or  be  Imprisoned  In  the  county  jail  not  to 
exceed  thirty  days,  or  both. 

Page  909,  beginning  with  and  Including  section  number  26,  increase  the 
section  numbers  by  3  up  to  and  Including  section  number  33.     And  Insert 

Sec.^  34.  It  shall  be  the  duty  of  every  person  or  corporation  owning, 
occupying  or  controlling  lands,  lots  or  other  real  property,  or  any  highway 
supervisor  or  other  public  officer  having  charge  of  any  street  or  highway, 
to  cut  and  bum  or  otherwise  entirely  destroy  any  Russian  thistles  growing 
on  8»ald  premises,  right-of-way,  highway  or  street,  between  the  twenty-fifth 
day  of  July  and  the  tenth  day  of  Augfust  of  each  year,  and  any  person, 
corporation  or  public  officer  neglecting  to  destroy  all  such  Russian  thistles 
between  said  dates,  after  notice  of  their  presence  In  writing,  to  said  person 
or  corporation  or  officer,  or  to  an  agent  of  any  said  person  or  corporation, 
by  any  person,  shall  be  deemed  guilty  of  a  misdemeanor  and  be  punished 
accordingly. 

Sec.  35.  It  shall  be  the  duty  of  all  persons  knowing  of  the  presence  of 
Russian  thistles  upon  any  premises,  lands,  lots,  streets,  highways  or  else- 
where, in  any  township,  at  any  time  after  the  tenth  day  of  August  and 
before  the  fifteenth  day  of  August,  to  give  notice  In  writing  to  the  owner, 
ccoupant,  persons  or  corporations  in  possession  or  control  thereof,  and  If 
not  destroyed  by  such  owner,  occupant,  or  persons  In  possession  by  the 
twentieth  day  of  August,  to  give  notice  in  writing  Immediately  after  the 
twentieth  day  of  August  of  that  year,  to  any  member  of  the  board  of 
township  trustees  in  which  said  thistles  are  growing;  or  if  within  a  city 
or  incorporated  town  then  to  give  notice  In  writing  to  the  mayor,  recorder, 
or  clerk  thereof;  who  shall,  on  or  before  the  fifth  day  of  September,  cause 
the  same  to  be  cut,  burned  or  otherwise  totally  destroyed. 

The  reasonable  costs  of  destroying  said  thistles  and  of  serving  said 
notices  aforesaid  shaU  be  paid  out  of  the  general  county  fund  on  the  certi- 
ficate of  the  board  of  township  trustees  or  city  or  town  council  of  the 
amount  of  the  same,  which  certificate  shall  describe  the  lands  or  lots  upon 
which  said  thistles  are  destroyed  and  the  amount  of  costs  for  destroying 
the  same  on  each  tract,  together  with  the  costs  of  serving  said  notices 
thereon,  and  upon  the  filing  of  a  certificate  in  the  Auditor's  office  the 
county  board  of  supervisors  shall  cause  the  amount  so  paid  to  be  levied  as 
a  special  tax  against  the  premises  on  which  said  thistles  have    been 


1897.]  JOURNAL  OP  THE  HOUSE.  201 

destroyed,  and  against  the  persons  or  corporations  owning  said  premises, 
and  the  county  treasurer  shall  collect  the  same  as  any  other  tax  and  return 
it  to  the  county  fund.  The  costs  for  serving  said  notices  on  said  officers 
shall  be  the  same  as  original  notices  in  justices  courts,  but  only  one  sueh 
charge  for  serving  said  notices  shall  be  taxed  against  each  owner 
of  said  land. 

Page  910,  section  30,  line  3,  strike  out  the  word  ''bull"  and  insert  the 
words  "any  other." 

Page  912,  beginning  with  and  including  section  number  6,  increase  the 
section  numbers  by  one  throughout  the  chapter.  And  insert  as  section  6, 
the  following: 

Sec  6.  If  any  person  publicly  curse  or  use  abusive  language  towards 
another  person,  or  publicly  uses  blasphemous,  obscene  or  offensive  lan- 
guage, he  shall  be  imprisoned  in  the  county  jail  not  exceeding  thirty  days 
or  be  fined  not  exceeding  one  hundred  dollars,  or  both. 

Page  913,  section  9,  line  4,  strike  out  the  words  *'of  this  Code." 

Page  914,  section  9,  line  1,  insert  after  the  word  ''has,"  the  word 
"adopted." 

Page  915,  section  10,  line  11,  prefix  to  the  word  "incorporated,"  the 
syllable  "un," 

Page  915,  section  11,  'line  4,  insert  after  the  word  "the,"  the  words 
"name  or." 

Page  918,  section  31,  insert  at  the  end  of  line  2  the  following:  "Free 
Mason,  Odd  Fellows,  Knights  of  Pythias,  or  any  other  secret  or  fraternal 
order  having  adopted  any  specific  badge  or  button.'* 

Page  919,  add  to  section  32  the  following,  being  the  last  five  lines  of 
section  5462  of  McClain*s  Code:  "All  persons  aiding,  encouraging,  advis- 
ing or  confederating  with,  or  knowingly  harboring  or  concealing  any  such 
person  or  persons,  or  in  any  manner  being  accessory  to  the  commission  of 
the  above  described  offense,  or  confederating  together  for  the  purpose  of 
playing  such  g^mes,  shall  be  deemed  principals  therein,  and  punished 
accordingly." 

Page  920,  section  3,  line  1,  insert  after  the  second  word  "houses"  the 
words  "or  houses  resorted  to  for  the  use  of  opium  or  hasheesh." 

And  when  so  amended  recommend  that  the  same  do  pass. 

M.  H.  Bbinton, 

CbiutoiAn» 

Mr.  Weaver,  from  the  Committee  on  Fifth  Division  Code 
Bevision,  submitted  the  following  report: 

Mb.  Speakeb— Your  Committee  on  Fifth  Division  Code  Revision,  to 
whom  was  referred  House  file  No.  66,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  "rights  of  property,"  being  title  14, 
page  598  of  Revision,  beg  leave  to  report  that  they  have  had  the  same 
under  consideration  and  have  instructed  mjd  to  report  the  same  back  to  the 
House  with  the  recommendation  that  the  same  do  pass  with  the  following 
amendments: 

Strike  out  sections  1  and  2  of  chapter  1,  page  597,  and  insert  the 
following: 

Non-resident  aliens,  or  corporations  incorporated  under  the  laws  of 
any  foreign  country,  or  corporations. organized  in  this  country,  one-half 


202  JOURNAL  OP  THE  HOUSB.  [Feb.  U,, 

of  the  stock  of  which  is  owned  or  controlled  by  non-resident  aliens,  are 
prohibited  from  acquiring^  title  to  or  holding  any  real  estate  in  this  State 
except  as  hereinafter  proTided,  save  that  the  widow  and  heirs  and  deriseea 
being  non-resident  aliens  of  any  alien  or  naturalized  citizen  who  has 
acquired  real  estate  in  this  State,  may  hold  the  same  by  devise,  descent  or 
distribution  for  a  period  of  twenty  years,  and  if  at  the  end  of  that  time 
such  real  estate  has  not  been  sold  to  bona  fide  purchaser  for  value,  or 
such  alien  heirs  have  not  become  residents  of  this  State,  such  land  shall 
escheat  to  the  State.  Provided,  that  nothing  in  this  act  contained  shall 
prevent  aliens  from  having  or  acquiring  property  of  any  kind  within  the 
corporate  limits  of  any  city  or  town  in  the  State  or  lands  not  to  exceed 
three  hundred  and  twenty  acres  in  the  name  of  one  person,  or  any  stock  in 
any  corporation  for  pecuniary  profit  or  from  alienating  or  devising  the 
same. 

The  provisions  of  this  chapter  shall  not  effect  the  distribution  of  per- 
sonal property  and  shall  apply  to  real  estate  heretofore  devised  or 
descended  when  no  proceedings  of  forfeiture  have  beep  commenced,  which 
shall  be  section  1. 

That  section  3  be  section  2. 

That  section  4  be  section  3. 

That  section  5  be  section  4. 

That  section  6  be  section  5. 

In  chapter  2,  on  page  599,  strike  out  the  word  *'a''  before  the  word 
''municipal'*  in  line  2,  section  2,  and  insert  the  words  "any  other." 

In  section  6,  page  600,  insert  before  the  word  ''vote  "  in  line  14,  the 
words  "yea  and  nay;"  also,  before  the  word  "vote"  in  line  17  of  same 
section  insert  the  words  "yea  and  nay."  At  the  end  of  section  2,  chapter 
4,  on  page  602,  add  the  following:  "  No  incumbrance  of  personal  property 
which  may  be  held  exempt  from  execution  by  the  head  of  a  family,  if  a 
resident  of  this  State  under  the  provisions  of  law,  shall  be  of  any  validity 
unless  the  same  be  by  written  instrument,  and  unless  the  husband  and  wife, 
if  both  be  living,  concur  in  and  sign  the  same  joint  instrument.'* 

In  section  1,  chapter  8,  page  613,  insert  the  words  "joint  instrument** 
after  the  word  "same**  in  line  2  of  section  3. 

On  page  615,  chapter  9,  strike  out  the  word  "such**  in  line  5,  section  5, 
and  insert  after  the  word  "property**  in  same  line  "subject  to  lien  under 
farm  leases.'* 

In  section  5,  line  6,  strike  out  all  of  section  after  the  word  "and**  and 
add  the  following:  "indexed  in  a  book  in  which  the  county  recorder  shall 
index  all  leases  filed  in  his  office,  describing  the  leased  premises,  showing 
the  amount  for  which  the  lien  is  claimed,  the  date  sueh  lease  was  made, 
the  date  of  filing,  and  the  date  of  expiration.  Such  recorder  shall  receive 
for  filing  and  indexing  leases  the  sum  of  twenty  cents. 

H.  O.  Wbavkb, 


Ordered  passed  on  file. 

The  House  here  took  up  the  pending  bill,  House  file  No.  16, 
relative  to  corporations  for  pecuniary  profit. 


1897.]  JOURNAL  OP  THE  HOUSE.  20ff 

The  motion  to  reconsider  the  vote  whereby  amendment  of 
Mr.  Martin  to  section  20  was  lost,  was  adopted. 

Amendment  of  Mr.  Martin  adopted. 

Mr.  Thompson  called  up  his  motion  to  reconsider  the  vote 
whereby  the  second  division  of  amendment  to  section  4,  chap- 
ter 1,  was  lost. 

Motion  to  reconsider  adopted. 

On  the  amendment  Messrs.  Thompson  and  Tibbitts  demanded 
the  yeas  and  nays,  which  resulted  as  follows: 

On  the  question,  ''Shall  the  amendment  prevail?"  the  yea& 
were: 

Messrs.  Bell,  Bird,  Bowen,  Brighton,  Classen,  C!ook,  Corn- 
wall, Crow,  Pinch,  Frazee,  Prink,  Gamer,  Good,  Grote, 
Haugen,  Hauger,  Hayes,  Hendershot,  Hinman,  Hunt,  Huntley,. 
Jay,  Johnston  of  Pranklin,  Klemme,  Ladd,  Loomis,  McDowell, 
Manahan,  Marti,  Martin,  Mayne,  Merriam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Mullin,  Nolan,  Porter,  Prentis,  Putnam,  Bay,  Beed, 
Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Thompson,  Tib- 
bitts, Watters,  Wheeler,  Whelan,  Whittier,  Wilson,  Wood,  Mr. 
Speaker — 57. 

The  nays  were : 

Messrs.  Allen,  Baker,  Brady,  Brinton,  Chapman,  Clark,. 
Davis,  Doubleday,  Early,  Edwards,  Evans,  Punk,  Gurley,  Hink- 
house,  Jackson,  Lambert,  Lauder,  Lowry,,  McAchran,. 
Mc  Arthur,  McDonald,  McNulty,  Nietert,  Parker,  Potter,  Power, 
Temple,  Van  Houten,  Voelker,  Weaver,  Wells,  Williams — 32. 

Absent  or  not  voting: 

Messrs.  Bailey,  Brant,  Byington,  Dowell,  Griswold,  Hazen, 
Lavender,  Johnson  of  Webster,  McQuin,  Perrott,  Miller  of 
Cherokee. 

So  the  amendment  prevailed. 

Mr.  Potter  moved  to  amend  as  follows:  Amend  section  5, 
chapter  1,  line  4,  by  striking  out  the  word  ' 'members"  and 
insert  in  lieu  thereof  the  words  ' 'officers  and  directors." 

Lost. 
^      r.  Temple  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington^  Chapman,  Clark,  Classen, 


204  JOURNAL  OP  THE  HOUSE.  [Feb.  11, 

Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Edwards,  Frazee, 
Frink,  Funk,  Good,  Gurley,  Haugen,  Hauger,  Hayes,  Hazen, 
Hendershot,  Hinkhouse,  Hinman,  Hunt,  Huntley,  Jackson, 
Jay,  Johnston  of  Franklin,  Klemme,  Ladd,  Lambert,  Lauder, 
Loomis,  Lowry,  McAchran,  McDonald,  McDowell,  McNully, 
Manahan,  Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista, 
Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
Mullin,  Nietert,  Nolan,  Parker,  Porter,  Power,  Prentis,  Put- 
nam, Bay,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan, 
Temple,  Thompson,  Voelker,  Watters,  Wells,  Wheeler,  Whit- 
tier,  Williams,  Wilson,  Wood,  Mr.  Speaker — 81. 

The  nays  were: 

Messrs.  Cook,  Early,  Evans,  Finch,  Johnson  of  Webster, 
McArthur,  Potter,  Tibbitts,  Van  Houten,  Weaver,  Whelan — 11. 

Absent  or  not  voting: 

Messrs.  Garner,  Griswold,  Grote,  Lavender,  McQuin,  Marti 
Miller  of  Cherokee,  Perrott — 8. 

So  the  bill  passed  and  the  title  was  agreed  to. 

MESSAGES  FROM  THE  SENATE. 

The  following  messages  were  received  from  the  Senate: 

Mb.  Speakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  herewith  returns  House  file  No.  47,  as  requested  by  the  House. 

Geo.  a.  NBWMAif, 

Secretaty. 

Also: 

Mb.  Spsajesb — ^I  am  directed  to  inform  your  honorable  body  that  the 
-Senate  has  passed  the  foUowing  bill,  in  which  the  concurrence  of  the 
House  is  asked: 

Senate  file  No.  20,  a  bill  for  an  act 'to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  construction  and  operation  of  railways. 

Gso.  A.  Newman, 

Secretary, 

Also: 

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

Joint  resolution  No.  2,  relative  to  the  removal  of  the  pension  office  from 
Des  Moines. 

JOINT  BE80LUTI0N  NO.  2. 

Whereas,  It  is  reported  that  the  Interior  Department  proposes  to 
remove  the  pension  offices  from  the  cities  of  Des  Moines  and  Topeka  to  the 
-city  of  St.  Louis;  and, 

Whebeab,  Such  removal  will  cause  much  inconvenience  to  a  large 
number  of  pensioners  in  Iowa  and  Nebraska,  who  now  receive  their  pen- 
sions through  the  pension  office  at  Des  Moines;  therefore,  be  it 


1897.]  JOURNAL  OP  THE  HOUSE.  205 

Resolved^  by  the  Oeneral  Assembly  of  the  Stale  of  lovxi.  That  we  earnestly 
protest  a|2fainst  said  contemplated  removal  of  the  pension  office  from  the 
oitj  of  Dei  Moines  and  that  we  urge  onr  Senators  and  Representatives  in 
Oongreas  to  oppose  the  aforesaid  proposed  removal. 

Resol/oed,  That  the  Secretary  of  the  Senate  is  instructed  to  transmit  a 

copy  hereof  to  each  of  our  Senators  and  Representatives  in  Congress  from 

Iowa. 

Geo.  a.  Newman, 

Secretary, 

Bead  first  and  second  time. 

Mr.  Dowell  moved  that  the  rule  be  suspended  and  the  joint 
resolution  be  read  a  third  time  now. 
Carried. 

On  the  question,  ''Shall  the  joint  resolution  be  adopted?"  the 
yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Good,  Grote,  Gurley, 
Hfbuger,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt, 
Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Frank- 
lin, Klemme,  Ladd,  Lauder,  Loomis,  Lowry,  McAchran, 
McArthur,  McDonald,  McDowell,  McNulty,  Manahan,  Marti, 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of 
Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nietert,  Nolan,  Parker,  Porter,Potter,  Power,  Prentis,  Putnam, 
Ray,  Beed,  Scott,  Smith,  Spaulding,  St.  John,  Temple, 
Thompson,  Tibbitts,  Van  Houten,  Voelker,  Watters,  Weaver, 
Wells,  Wheeler,  Whittier,  Williams,  Wood,  Mr.  Speaker— 87. 

The  nays  were: 

Messrs.  Hayes,  Lambert,  Sullivan,  Whelan — i. 
Absent  or  not  voting: 

Messrs.  Chapman,  Gamer,   Griswold,  Haugen,   Lavender, 
McQuin,  Miller  of  Cherokee,  Perrott,  Wilson — ^9. 
So  the  resolution  was  adopted. 
Mr.  Whelan  offered  the  following  explanation  of  his  vote: 

Mb.  Speaker — Belieying  that  the  Iowa  delegation  U  fnUy  capable  of 
looking  after  all  matters  concerning  the  welfare  of  the  State,  and  oppos- 
ing all  resolutions  instructing  them,  I  vote  ''no." 

M.  K.  Whelajt. 

Calendar  No.  38,  being  House  file  No.  84,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  evidence, 
with  report  of  committee  recommending  passage  with  amend- 
ments, was  taken  up  and  considered. 


•206  JOURNAL  OP  THE  HOUSE.  [Feb.  11, 

Mr.  Dowell  was  called  to  the  chair. 

The  committee  amendment  to  section  6,  chapter  1,  was 
adopted. 

The  committee  amendment  to  section  55,  chapter  1,  was 
adopted. 

The  committee  amendment  to  section  62,  chapter  1,  was 
■adopted. 

The  committee  amendment  to  insert  section  62a  between 
sections  62  and  68  was  adopted. 

On  the  committee  amendment  to  section  88,  chapter  1,  Mr. 
Early  demanded  a  division  of  the  question  as  follows:  The 
first  division  to  insert  the  words  ''or  is  over  70  years  of  age," 
was  adopted. 

The  second  division  to  strike  out  the  words  ''for  other 
<$auses,"  was  also  adopted. 

Mr.  Beed  moved  to  amend  section  25,  chapter  1,  by  inserting 
after  the  word  "contract"  the  words,  "and  no  evidence  of 
a  change  in  any  written  contract." 

Amendment  adopted  by  88  yeas  to  86  nays. 

Mr.  Doubleday  moved  to  strike  out  the  word  "in"  and 
insert  the  word  "by"  in  lieu  thereof  in  line  1,  section  85. 

LfOSt. 

Speaker  Byers  resumed  the  chair. 

The  committee  amendment  to  section  88,  chapter  1,  was 
adopted. 

The  committee  amendment  to  section  96,  chapter  1,  was 
adopted. 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Spsakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  the  following  biU,  in  whioh  the  concurrence  of  the 
Senate  was  asked: 

Senate  file  No.  40,  a  bill  for  an  act  to  reyise,  amend  and  codify  the 
statutes  in  relation  to  county  superintendent.  • 

Geo.  a.  Newman, 

Secretary, 

SENATE  MESSAGES. 

Senate  file  No.  20,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  construction  and  operation  of 
railways,  was  read  first  and  second  time  and  referred  to  Com- 
mittee on  Railroads  and  Commerce. 

On  motion  of  Mr.  Johnston  of  Franklin,  House  adjourned 
until  9  o'clock  a.  m.  to-morrow. 


1897.]  JOURNAL  OP  THE  HOUSE.  207 


Hall  of  thb  Houbs  of  Bspbvbbntativbs,     ) 
Deb  Moiubs,  Iowa,  Friday,  February  13,  1807.  { 

The  House  met  at  9  a.  m.  ,  with  Speaker  Byers  in  the  chair. 

The  opening  prayer  was  offered  by  Rev.  B.  W.  Hughes  of 
Des  Moines. 

The  Journskis  of  Wednesday  and  Thursday  were  corrected 
and  approved. 

PETITIONS   AND   MEMORIALS. 

Messrs.  Prentis,  Classen,  Gurley,  Spaulding  and  Davis 
presented  petitions  of  citizens  of  their  respective  counties, 
requesting  the  enactment  of  a  fire  marshal  law. 

Eieferred  to  Committee  on  insurance. 

Mr.  Reed  presented  remonstrance  of  citizens  of  Story  county, 
against  the  passage  of  a  manufacturing  bill. 

Referred  to  Coaimittee  on  Domestic  Manufactures. 

Messrs.  Griswold,  Brant,  Klemme,  Early,  Brady  and  Tibbitts, 
presented  petitions  of  citizens  of  their  respective  counties,  ask- 
ing for  a  2-cent  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Weaver,  Power,  Mullin,  Brighton,  Mc Arthur  and 
Hunt  presented  petitions  of  boards  of  supervisors  of  the  first 
-congressional  district,  asking  certain  changes  in  present  laws. 

Referred  to  Committee  on  County  and  Township  Organiza- 
tion. 

Messrs.  Thompson,  Nolan  and  Dowell  presented  petitions  of 
citizens  of  their  respective  counties,  asking  the  passage  of  a 
manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Nolan  presented  remonstrance  of  citizens  of  Dabaque 
•county,  against  the  proposed  revenue  bill  in  relation  to  build- 
ing and  loan  associations. 

Referred  to  Committee  on  Ways  and  Means. 


208  JOURNAL  OP  THE  HOUSE.  [Feb.  12, 

Mr.  McDowell  presented  petition  of  physicians  and  surgeons 
of  Iowa  county,  asking  passage  of  a  bill  to  control  the  practice 
of  medicine  in  Iowa. 

Referred  to  CSommittee  on  Pharmacy. 

Mr.  Johnston  of  Franklin  offered  the  following  resolution 
and  moved  its  adoption: 

Resolved^  That  each  bill  reported  on  the  Calendar  shall  show  the  dat* 
and  page  of  the  House  Journal  where  the  committee  report  on  aaoi* 
appears. 

Adopted. 

REPORT  OF  JOINT  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Joint  Committee  on  Enrolled  Bills,  sub- 
mitted the  following  report: 

Mb.  Speakeb— Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  hare  examined,  and  find  correctly  enrolled,  Senate  file 
No.  43,  a  biirfor  an  act  to  rcTise,  amend  and  codify  the  statutes  in  relation 

to  the  domestic  relations. 

I 

G.  8.  Gelbbbtboh, 
Cbairmmn  Senate  Comtmttee. 

W.  E.  HAueSB, 
Chairman  House  Committee, 

Ordered  passed  on  file. 

REPORTS  OP  COMMITTEES. 

Mr.  Potter,  from  the  Committee  on  Telegraph,  Telephone 
and  Express,  submitted  the  following  report:  i 

Mb.  Spbakeb — Your  Committee  on  Telegraph,  Telephone  and  Express , 
to  whom  was  referred  by  the  distributing  committee,  chapter  107  of  the  | 

acts  of  the  Twenty-sixth  General  Assembly,  beg  leave  to  report  that  they 
have  had  the  same  under  consideration  and  have  instructed  me  to  report  i 

the  same  back  to  the  House  with  the  recommendation  that  the  same  be 
referred  to  Division  No.  5  of  the  Code  Revision  Committee.  ^ 

L.  F.  POTTEB, 

Chairman, 

So  ordered.  j 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  Division 
No.  1,  submitted  the  following  report: 

Mb.  Spbakbb— Your  Committee  on  Code  Revision,  Division  No.  1,  to 
whom  was  referred  House  file  No.  87,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  the  discipline  and  government  of  jails 
and  {penitentiaries,  beg  leave  to  report  that  they  have  had  the  same  under 
consideration  and  have  instructed  me  to  report  the  same  back  to  the 
House  with  the  recommendation  that  the  same  do  pass  with  the  following 
amendments: 


1897.1  JOURNAL  OF  THE  HOUSE.  209 

Amend  by  striking  out  of  line  3,  section  57,  chapter  2,  page  1019,  the 
word  '^seventy"  and  inserting  the  words  *^one  hundred"  in  lieu  thereof. 

M.  L.  Templb, 

Chmirman. 

Ordered  passed  on  file. 

Mr.  Weaver,  from  the  Committee  on  Code  Revision,  Division 
No.  5,  submitted  the  following  report: 

Mb.  Spbakbb — Your  Committee  on  Code  Revision,  Division  No.  5,  to 
whom  was  referred  House  file  No.  69,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  bills  and  notes,  being  chapter  3  of 
Title  XV,  beg  leave  to  report  that  they  have  had  the  same  under  consid- 
eration and  have  instructed  me  to  report  the  same  back  to  the  House  with 
the  recommendation  that  the  same  do  pass  with  the  following  amend- 
ments: 

That  sections  1, 7,  8, 9, 10  and  11,  of  chapter  3,  be  omitted  and  the  follow- 
ing inserted  in  lieu  thereof: 

CHAPTER  I. 

NEGOTIABLE  INBTBUMENTS  IN  OENEBAL. 

Section  1.     This  act  shall  be  known  as  the  Negotiable  Instruments  Law. 

Sec  2.     In  this  act,  unless  the  context  otherwise  requires: 

** Acceptance"  means  an  acceptance  completed  by  delivery  or  notifica- 
tion. 

** Action"  includes  counter-claim  and  set-off. 

'*Bank"  includes  any  person  or  association  of  persons  carrying  on  the 
business  of  banking,  whether  incorporated  or  not. 

**  Bearer"  means  the  person  in  possession  of  a  bill  or  note  which  is  pay- 
able to  bearer. 

*'BiH"  means  bill  of  exchange,  and  **note"  means  negotiable  promissory 
note. 

^'Delivery"  means  transfer  of  possession,  actual  or  constructive,  from 
one  person  to  another. 

**Holder"  means  the  payee  or  indorsee  of  a  bill  or  note,  who  is  in  pos- 
session of  it,  or  the  bearer  thereof. 

^^Indorsement"  means  an  indorsement  completed  by  delivery. 

**Instrument"  means  negotiable  instrument. 

** Issue"  means  the  first  delivery  of  the  instrument,  complete  in  form 
to  a  person  who  takes  it  as  a  holder. 

**Per8on"  includes  a  body  of  persons,  whether  incorporated  or  not. 

**  Value"  means  valuable  consideration. 

'* Written"  includes  printed,  and  writing  includes  print. 

Sec.  3.  The  person  *  ^primarily"  liable  on  an  instrument  is  the  person 
who  by  the  terms  of  the  instrument  is  absolutely  required  to  pay  the 
same.     All  other  parties  are  * 'secondarily"  liable. 

Sec.  4.  In  determining  what  is  a  ^'reasonable  time"  or  an  **unreason- 
able  time"  regard  is  to  be  had  to  the  nature  of  the  instrument,  the  usage 
of  trade  or  business  (if  any)  with  respect  to  such  instruments,  and  the  facts 
of  the  particular  case. 

Sec  5.     Where  the  day,  or  the  last  day,  for  doing  any  act  herein  required 
or  permitted  to  be  done  falls  on  Sunday  or  on  a  holiday,  the  act  may  be 
done  on  the  next  succeeding  secular  or  business  day. 
14 


210  JOURNAL  OF  THE  HOUSE.  [Feb  12, 

See.  6.  The  proTisions  of  this  act  do  not  apply  to  negotiable  inBtmmenta 
made  and  delivered  prior  to  the  passage  hereof. 

Sec.  7.  In  any  case  not  provided  for  in  this  act  the  rules  of  the  law 
merchant  shall  govern. 

FORM    AND    INTEBPBETATION. 

Sec.  8.  An  instrument  to  be  negotiable  must  conform  to  the  following 
requirements: 

1.  It  must  be  in  writing  and  signed  by  the  maker  or  drawer; 

2.  Must  contain  an  unconditional  promise  or  order  to  pay  a  sum  cer- 
tain in  money; 

3.  Must  be  payable  on  demand,  or  at  a  fixed  or  determinable  future 
time; 

4.  Must  be  payable  to  order  or  to  bearer;  and, 

5.  Where  the  instrument  is  i|ddressed  to  a  drawee,  he  must  be  named 
or  otherwise  indicated  therein  with  reasonable  certainty. 

Sec  9.  The  sum  payable  is  a  sum  certain  within  the  meaning  of  this 
act,  although  it  is  to  be  paid: 

1.  With  interest;  or 

2.  By  stated  installments;  or 

3.  By  stated  installments,  with  a  provision  that  upon  default  in  pay- 
ment of  any  installment  or  of  interest,  the  whole  shall  become  due;  or 

4.  With  exchange,  whether  at  a  fixed  rate  or  at  the  current  rate;  or 

5.  With  costs  of  collection  or  an  attorney's  fee,  in  case  payment  shall 
not  be  made  at  maturity. 

Sec.  10.  An  unqualified  order  or  promise  to  pay  is  unconditional  within 
the  meaning  of  this  act,  though  coupled  with: 

1.  An  indication  of  a  particular  fund  out  of  which  reimbursement  is  to 
be  made,  or  a  particular  account  to  be  debited  with  the  amount;  or 

2.  A  statement  of  the  transaction  which  gives  rise  to  'the  instru- 
ment. 

3.  But  an  order  or  promise  to  pay  out  of  a  particular  fund  is  not 
unconditional. 

Sec  11.  An  instrument  is  payable  at  a  determinable  future  time, 
within  the  meaning  of  this  act,  which  is  expressed  to  be  payable: 

1.  At  a  fixed  period  after  date  or  sight;  or 

2.  On  or  before  a  fixed  or  determinable  future  time  specified  therein;  or 

3.  On  or  at  a  fixed  period  after  the  occurrence  of  a  specified  event, 
which  is  certain  to  happen,  though  the  time  of  happening  be  uncertain. 

An  instrument  payable  upon  a  contingency  is  not  negotiable,  and  the 
happening  of  the  event  does  not  cure  the  defect. 

Sec  12.  An  instrument  which  contains  an  order  or  promise  to  do  any 
act  in  addition  to  the  payment  of  money  is  not  negotiable.  But  the  nego. 
tiable  character  of  an  instrument  otherwise  negotiable  is  not  affected  by  a 
provision  which: 

1.  Authorizes  the  sale  of  collateral  securities  in  case  the  instrument  be 
not  paid  at  maturity;  or 

2.     Authorizes  a  confession  of  judgment  if  the  instrument  be  not  paid  at 
maturity;  or 


1897.]  JOURNAL  OF  THE  HOUSE.  211 

3.  Waives  the  benefit  of  any  law  intended  for  the  advantage  or  protec- 
tion of  the  obligor;  or 

4.  Gives  the  holder  an  election  to  require  something  to  be  done  in  lien 
of  payment  of  money. 

But  nothing  in  this  sectien  shall  validate  any  provision  or  stipulation 
otherwise  illegal. 

Sec.  13.  The  validity  and  negotiable  character  of  an  instrument  are 
not  affected  by  the  fact  that: 

1.  It  is  not  dated;  or 

2.  Does  not  specify  the  value  given,  or  that  any  value  has  been  given 
therefor;  or 

3.  Does  not  specify  the  place  where  it  is  drawn  or  the  place  where  it  is 
payable;  or 

4.  Bears  a  seal;  or 

5.  Designates  a  particular  kind  of  current  money  in  which  payment  is 
to  be  made. 

But  nothing  in  this  section  shall  alter  or  repeal  any  statute  requiring 
in  certain  cases  the  nature  of  the  consideration  to  be  stated  in  the  instru- 
ment. 

Sec.  14.     An  instrument  is  payable  on  demand: 

1.  Where  it  is  expressed  to  be  payable  on  demand,  or  at  sight,  or  on 
presentation;  or 

2.  In  which  no  time  for  payment  is  expressed. 

Where  an  instrument  is  issued,  accepted  or  indorsed  when  over  due,  it 
is,  as  regards  the  person  so  issuing,  accepting  or  indorsing  it,  payable  on 
demand. 

Sec  15.  The  instrument  is  payable  to  order  where  it  is  drawn  payable 
to  the  order  of  a  specified  person  or  to  him  or  his  order.  It  may  be  drawn 
payable  to  the  order  of: 

1.  A  payee  who  is  not  maker,  drawer  or  drawee;  or 

2.  The  drawer  or  maker;  or 

3.  The  drawee;  or 

4.  Two  or  more  payees  jointly;  or 

5.  One  or  some  of  several  payees;  or 

6.  The  holder  of  an  office  for  the  time  being. 

Where  the  instrument  is  payable  to  order  the  payee  must  be  named  or 
otherwise  indicated  therein  with  reasonable  certainty; 
Sec.  16.     The  instrument  is  payable  to  bearer: 

1.  When  it  is  expressed  to  be  so  payable;  or 

2.  When  it  is  payable  to  a  person  named  therein  or  bearer;  or 

3.  When  it  is  payable  to  the  order  of  a  fictitious  or  non -existing  per- 
son, and  such  fact  was  known  to  the  person  making  it  so  payable;  or 

4.  When  the  name  of  the  payee  does  not  purport  to  be  the  name  of 
any  person;  or 

5.  When  the  only  or  last  indorsement  is  an  indorsement  in  blank. 

Sec  17.  The  instrument  need  not  follow  the  language  of  this  act,  but 
any  terms  are  sufficient  which  clearly  indicate  an  intention  to  conform  to 
the  requirements  hereof. 

Sec.  18.  Where  the  instrument  or  an  acceptance  or  any  indorsement 
thereon  is  dated,  such  datf  is  deemed  prima  facie  to  be  the  true  date  of  the 
making,  drawing,  acceptance  or  indorsement  as  the  case  may  be. 


212  JOURNAL  OF  THE  HOUSE.  [Feb.  12, 

Sec.  19.  The  instrument  is  not  invalid  for  the  reason  only  that  it 
is  ante-dated  or  post-dated,  provided  this  is  not  done  for  an  illegal  or 
fraudulent  purpose.  The  person  to  whom  an  instrument  so  dated  is 
delivered  acquires  the  title  thereto  as  of  the  date  of  delivery 

Sec.  20.  Where  an  instrument  expressed  to  be  payable  at  a  fixed 
period  after  date  is  issued  undated,  or  where  the  acceptance  of  an  instru- 
ment payable  at  a  fixed  period  after  sight  is  undated,  any  holder  may 
insert  there  in  the  true  date  of  issue  or  acceptance,  and  the  instrument 
shall  be  payable  accordingly.  The  insertion  of  a  wrong  date  does  not  void 
the  instrument  in  the  hands  of  a  subsequent  holder  in  due  course;  but  as 
to  him,  the  date  so  inserted  is  to  be  regarded  as  the  true  date 

Sec.  21.  Where  the  instrument  is  wanting  in  any  material  particular, 
the  person  in  possession  thereof  has  a  vrima  fade  authority  to  complete  it 
by  filling  up  the  blanks  therein.  And  a  signature  on  a  blank  paper 
delivered  by  the  person  making  the  signature  in  order  that  paper  may  be 
converted  into  a  negotiable  instrument  operates  as  a  prima  facie  authority 
to  fill  it  up  as  such  for  any  amount.  In  order,  however,  that  any  such 
instrument  when  completed,  may  be  enforced  against  any  person  who 
became  a  party  thereto  prior  to  its  completion,  it  must  be  filled  up  strictly 
in  accordance  with  the  authority  given  and  within  a  reasonable  time. 
But  if  any  such  instrument,  after  completion,  is  negotiated  to  a  holder  in 
due  course,  it  is  valid  and  effectual  for  all  purposes  in  his  hands,  and  he 
may  enforce  it  as  if  it  had  been  filled  up  strictly  in  accordance  with  the 
authority  given  and  within  a  reasonable  time. 

Sec  23.  Where  an  incomplete  instrument  has  not  been  delivered  it 
will  not,  if  completed  and  negotiated,  without  authority,  be  a  valid  con- 
tract in  the  hands  of  any  holder,  as  against  any  person  whose  signature 
was  placed  thereon  before  delivery. 

Sec.  33.  Every  contract  on  a  negotiable  instrument  is  incomplete  and 
revocable  until  delivery  of  the^ instrument  for  the  purpose  of  giving  effect 
thereto.  As  between  immediate  parties,  and  as  regards  a  remote  party 
other  than  a  holder  in  due  course,  the  delivery,  in  order  to  be  effectual, 
must  be  made  either  by  or  under  the  authority  of  the  party  making,  draw- 
ing, accepting  or  indorsing,  as  the  case  may  be,  and  in  such  case  the 
delivery  may  be  shown  to  have  been  conditional,  or  for  a  special  purpose 
only,  and  not  for  the  purpose  of  transferring  the  property  in  the  instru- 
ment. But  where  the  instrumant  is  ia  the  hands  of  a  holder  in  due  course, 
a  valid  delivery  thereof  by  all  parties  prior  to  him  so  as  to  make  them 
liable  to  him  is  conclusively  presumed.  Aud  where  the  instrument  is  no 
longer  in  the  possession  of  a  party  whose  signature  appears  thereon,  a 
valid  and  intentional  delivery  by  him  is  presumed  until  the  contrary  is 
proved. 

Sec  24.  Where  the  language  of  the  instrument  is  ambiguous,  or  there 
are  omissions  therein,  the  following  rules  of  construction  apply: 

1.  Where  the  sum  payable  is  expressed  in  words  and  also  in  figures 
and  there  is  a  discrepsacy  bet^^s^n  the  two,  thd  sum  donated  by  the 
words  is  the  sum  payable;  but  if  the  words  are  ambiguous  or  uncertain, 
references  may  be  had  to  the  figures  to  fix  the  amount; 

2.  Where  the  instrument  provides  for  the  payment  of  interest,  without 
specifying  the  date  from  which  interest  is  to  run,  the  interest  runs  from 


1897.]  JOURNAL  OP   THE  HOUSE.  218 

the  date  of  the  instrament,  and  if  the  instrument  is  undated,  from  the 
issue  thereof; 

3.  Where  the  instrument  is  not  dated,  it  will  be  considered  to  be  dated 
as  of  the  time  it  was  issued; 

4.  Where  there  is  a  conflict  between  the  written  and  printed  provis- 
ions of  the  instrument,  the  written  provisions  prevail; 

5.  Where  the  instrument  is  so  ambigfuous  that  there  is  doubt  whether 
it  is  a  bill  or  note,  the  holder  may  treat  it  as  either  at  his  election; 

6.  Where  a  signature  is  so  placed  upon  the  instrument  that  it  is  not 
clear  in  what  capacity  the  person  making  the  same  intended  to  sign,  he  is 
to  be  deemed  an  indorser; 

7.  Where  an  instrument  containing  the  words  ^'I  promise  to  pay'*  is 
signed  by  two  or  more  persons,  they  are  deemed  jointly  and  severally 
liable  thereon. 

Sec.  25.  No  person  is  liable  on  the  instrument  whose  signature  does 
not  appear  thereon,  except  as  herein  otherwise  expressly  provided.  But 
one  who  signs  in  a  trade  or  awumed  name  will  be  liable  to  the  same 
extent  as  if  he  had  signed  in  his  own  name. 

Sec.  26.  The  signature  of  any  party  may  be  made  by  a  duly  authorized 
agent.  No  particular  form  of  appointment  is  necessary  for  this  purpose; 
and  the  authority  of  the  agent  may  be  established  as  in  other  cases  of 
agency. 

Sec  27.  Where  the  instrument  contains,  or  a  person  adds  to  his  signa- 
ture, words  indicating  that  he  signs  for  or  on  behalf  of  a  principal;  or  in  a 
representative  capacity,  he  is  nob  liable  on  the  instrument  if  he  was  duly 
authorized;  but  the  mere  addition  of  words  describing  him  as  an  agent,  or 
as  filling  a  representative  character,  without  disclosing  his  principal,  does 
not  exempt  him  from  personal  liability. 

Sec.  28.  A  signature  by  * 'procuration"  operates  as  notice  that  the 
agent  has  but  a  limited  authority  to  sign,  aud  principal  is  bound  only  in 
case  the  agent  in  so  signing  acted  within  the  actual  limits  of  his  authority. 

Sec.  29.  The  indorsement  or  assignment  of  the  instrument  by  a  corpor- 
ation or  by  an  infant  passes  the  property  therein,  notwithstanding  that 
from  want  of  capacity  the  corporation  or  infant  may  incur  no  liability 
thereon. 

Sec.  30.  Where  a  signature  is  forged  or  made  without  th«  authority  of 
the  person  whose  signature  it  purports  to  be,  it  is  wholly  inoperative,  and 
no  right  to  retain  the  instrument,  or  to  give  a  discharge  therefor,  or  to 
enforce  payment  thereof  against  any  party  thereto,  can  be  acquired 
through  or  under  such  signature,  unless  the  party,  against  whom  it  is 
sought  to  enforce  such  right  is  precluded  from  setting  up  the  forgery  or 
want  of  authority. 

CONSIDEBATION. 

Sec.  31.  Every  negotiable  instrument  is  deemed  prima  fade  to  have  been 
issued  for  a  valuable  consideration;  and  every  person  whose  signature 
appears  thereon  to  have  become  a  party  thereto  for  value. 

Sec.  33.  Value  is  any  consideration  sufficient  to  support  a  simple  con- 
tract. An  antecedent  or  pre-existing  debt  constitutes  value;  and  is  deemed 
such  whether  the  instrument  is  payable  on  demand  or  at  a  future  time. 


214  JOURNAL  OF  THE  HOUSE.  [Feb.  12, 

Sec.  33.  Where  value  has  at  any  time  been  ^iven  for  the  instrument, 
the  holder  is  deemed  a  holder  for  value  in  respect  to  all  parties  who  became 
such  prior  to  that  time. 

Sec.  34.  Where  the  holder  has  a  Men  on  the  instrument,  arising^  either 
from  contract  or  by  implication  of  law,  he  is  deemed  a  holder  for  value  to 
the  extent  of  his  lien. 

Sec.  35.  4]^senee  or  failure  of  consideration  is  matter  of  defense  as 
against  any  person  not  a  holder  in  due  course;  and  partial  failure  of  con- 
sideration is  a  defense  jyro  tardo  whether  the  failure  is  an  ascertained  and 
liquidated  amount  or  otherwise. 

Sec.  36.  An  accommodation  party  is  one  who  has  signed  the  instrument 
as  maker,  drawer,  acceptor  or  indorser,  without  receiving  value  therefor 
and  for  the  purpose  of  lending  his  name  to  some  other  person.  Such  a 
person  is  liable  on  the  instrument  to  a  holder  for  value,  notwithstanding 
such  holder  at  the  time  of  taking  the  instrument  knew  him  to  be  only  an 
accommodation  party. 

NEGOTIATION. 

Sec.  37.  An  instrument  is  negotiated  when  it  is  transferred  from  one 
person  to  another  in  such  a  manner  as  to  constitute  the  transferee  the 
holder  thereof.  If  payable  to  bearer  it  is  negotiated  by  delivery;  if  pay- 
able to  order  it  is  negotiated  by  the  indorsement  of  the  holder  completed 
by  delivery. 

Sec.  38.  The  indorsement  must  be  written  on  the  instrument  itself  or 
upon  a  paper  attached  thereto  The  signature  of  the  indorser,  without 
additional  words,  is  a  sufficient  indorsement. 

Sec.  39.  The  indorsement  must  be  an  indorsement  of  the  entire  instru- 
ment. An  indorsement  which  purports  to  transfer  to  the  indorsee  a  part 
only  of  the  amount  payable,  or  which  purports  to  transfer  the  instrument 
to  two  or  more  indorsees  severally,  does  not  operate  as  a  negotiation  of 
the  instrument.  But  where  the  instrument  has  been  paid  in  part  it  may 
be  indorsed  as  to  the  residue. 

Sec.  40.  An  indorsement  may  be  either  special  or  in  blank;  and  it  may 
also  be  either  restrictive  or  qualified,  or  conditional. 

Sec.  41.  A  special  indorsement  specifies  the  person  to  whom,  or  to 
whose  order  the  instrument  is  to  be  payable;  and  the  indorsement  of  such 
indorsee  is  necessary  to  the  further  negotiation  of  the  instrument.  An 
indorsement  in  blank  specifies  no  indorsee,  and  an  instrument  so  indorsed 
is  payable  to  bearer,  and  may  be  negotiated  by  delivery. 

Sec  42.  The  holder  may  convert  a  blank  indorsement  into  a  special 
indorsement  by  writing  over  the  signature  of  the  indorser  in  blank  any 
contract  consistent  with  the  character  of  the  indorsement. 

Sec.  43.     An  indorsement  is  restrictive,  which  either: 

1      Prohibits  the  further  negotiation  of  the  instrument;  or 

2.  Constitutes  the  indorsee  the  agent  of  the  indorser;  or 

3.  Vests  the  title  in  the  indorsee  in  trust  for  or  to  the  use  of  some 
other  person. 

But  the  mere  absence  of  words  implying  power  to  negotiate  does  not 
make  an  indorsement  restrictive. 

Sec.  44.  A  restrictive  endorsement  confers  upon  the  indorsee  the 
right: 


1897.]  JOURNAL  OF  THE  HOJSE-  215 

1.  To  receive  payment  of  the  inBtrument; 

2.  To  bringf  any  action  thereon  that  the  indorser  could  bring; 

3.  To  transfer  his  rights  as  such  indorsee,  where  the  form  of  the 
indorsement  authorizes  him  to  do  so. 

But  all  subsequent  Indorsees  acquire  only  the  title  of  the  first  indorsee 
under  the  restrictive  Indorsement. 

Sec.  45.  A  qualified  indorsement  constitutes  the  indorser  a  mere 
assignor  of  the  title  to  the  instrument.  It  may  be  made  by  adding  to  the 
indorser*s  signature  the  words  *' without  recourse"  or  any  words  of  similar 
import  Such  an  indorsement  does  not  impair  the  negotiable  character  of 
the  instrument. 

Sec.  40.  Where  an  indorsement  is  conditional,  a  party  required  to  pay 
the  instrument  may  disregard  the  condition,  and  make  payment  to  the 
indorsee  or  his  transferee,  whether  the  condition  has  been  fulfilled  or  not. 
But  any  person  to  whom  an  instrument  so  indorsed  is  negotiated,  will  hold 
the  same,  or  the  proceeds  thereof,  subject  to  the  rights  of  the  person 
indorsing  conditionally. 

Sec.  47.  Where  an  instrument,  payable  to  bearer,  is  indorsed  specially , 
it  may  nevertheless  be  further  negotiated  by  delivery;  but  the  person 
indorsing  specially  is  liable  as  indorser  to  only  such  holders  as  make  title 
through  his  indorsement. 

Sec.  48.  Where  an  instrument  is  payable  to  order  of  two  or  more 
payees  or  indorsees  who  are  not  partners,  all  must  indorse,  unless  the  one 
indorsing  has  authority  to  indorse  for  the  others. 

Sec.  49.  Where  an  instrument  is  drawn  or  indorsed  to  a  person  as 
**cashier"  or  other  fiscal  officer  of  a  bank  or  corporation,  it  is  deemed 
prima  fac^e  to  be  payable  to  the  bank  or  corporation  of  which  he  is  such 
officer,  and  may  be  negotiated  by  either  the  indorsement  of  the  bank  or 
corporation,  or  the  indorsement  of  the  officer. 

Sec.  50.  Where  the  name  of  a  payee  or  indorsee  is  wrongly  designated 
or  misspelled,  he  may  indorse  the  instrument  as  therein  described,  adding, 
if  he  think  fit,  his  proper  signature. 

Sec.  51.  Where  any  person  is  under  obligation  to  indorse  in  a  repre- 
sentative capacity,  he  may  indorse  in  such  terms  as  to  negative  personal 
'  lability. 

Sec.  52.  Bzcept  where  an  indorsement  bears  date  after  the  maturity 
of  the  instrument,  every  negotiation  is  deemed  prima  facie  to  have  been 
effected  before  the  instrument  was  overdue. 

Sec.  53.  Except  where  the  contrary  appears  every  indorsement  is  pre- 
sumed prima  fade  to  have  been  made  at  the  place  where  the  instrument  is 
dated 

Sec.  54.  An  instrument  negotiable  in  its  origin  continues  to  be  nego- 
tiable until  it  has  been  restrictively  indorsed  or  discharged  by  payment  or 
otherwise. 

Sec.  55.  The  holder  may  at  any  time  strike  out  any  indorsement  which 
is  not  necessary  to  his  title.  The  indorser  whose  indorsement  is  struck 
out,  and  all  indorsers  subsequent  to  him,  are  thereby  relieved  from  liabil- 
ity on  the  instrument.  * 

Sec.  56.  Where  the  holder  of  an  instrument  payable  to  his  order  trans- 
fers it  for  value  without  indorsing  it,  the  transfer  vests  in  the  transferee 


216  JOURNAL  OF  THE  HOUSE.  [Feb.  12, 

such  title  as  the  transferer  had  therein, and  the  transferee  acquires,  in  Brddi- 
tion,  the  ri^rht  to  have  the  indorsement  of  the  transferer.  But  for  the 
purpose  of  determinin^f  whether  the  transferee  is  a  holder  in  due  course, 
the  negotiation  takes  effect  as  of  the  time  when  the  indorsement  is  act- 
ually made. 

Sec.  57.  Where  an  instrument  is  negotiated  back  to  a  prior  party,  such 
party  may,  subject  to  the  provisions  of  this  act,  reissue  and  further  nego- 
tiate the  same.  But  he  is  not  entitled  to  enforce  payment  thereof  against 
any  intervening  party  to  whom  he  was  personally  liable. 

BIGHTS  OF  THE  HOLDER. 

Sec.  58.  The  holder  of  a  negotiable  instrument  may  sue  thereon  in  his 
own  name;  and  payment  to  him  in  due  course  discharges  the  instrument. 

Sec.  59.  A  holder  in  due  course  is  a  holder  who  has  taken  the  instru- 
ment under  the  following  conditions: 

1.  That  it  is  complete  and  regular  upon  its  face; 

2.  That  he  became  the  holder  of  it  before  it  was  overdue,  and  without 
notice  that  it  had  been  previously  dishonored,  if  such  was  the  fact; 

3.  That  he  took  it  in  good  faith  and  for  value; 

4.  That  at  the  time  it  was  negotiated  to  him  he  had  no  notice  of  any 
infirmity  in  the  instrument  or  defect  in  the  title  of  the  person  negotiat- 
ing it. 

Sec.  60.  Where  an  instrument  payable  on  demand  is  negotiated  an 
unreasonable  length  of  time  after  its  issue,  the  holder  is  not  deemed  a 
holder  in  due  course. 

Sec.  61.  Where  the  transferee  receives  notice  of  any  infirmity  in  the 
instrument  or  defect  in  the  title  of  the  person  negotiating  the  same  before 
he  has  paid  the  full  amount  agreed  to  be  paid  therefor,  he  will  be  deemed 
a  holder  in  due  course  only  to  the  extent  of  the  amount  theretofore  paid 
by  him. 

Sec.  62.  The  title  of  a  person  who  negotiates  an  instrument  is  defec- 
tive within  the  meaning  of  this  act  when  he  obtained  the  instrument,  or 
any  signature  thereto,  by  fraud,  duress,  or  force  and  fear,  or  other  unlaw- 
ful means,  or  for  an  illegal  consideration,  or  when  he  negotiates  it  in 
breach  of  faith,  or  under  such  circumstances  as  amount  to  a  fraud. 

Sec.  63.  To  constitute  notice  of  an  infirmity  in  the  instrument  or  defect 
in  the  title  of  the  person  negotiating  the  same,  the  person  to  whom  it  is 
negotiated  must  have  had  actual  knowledge  of  the  infirmity  or  defect,  or 
knowledge  of  such  facts  that  his  action  in  taking  the  instrument  amounted 
to  bad  faith. 

Sec  64.  A  holder  in  due  course  holds  the  instrument  free  from  any 
defect  of  title  of  prior  parties,  and  free  from  defenses  available  to  prior 
parties  among  themselves,  and  may  enforce  payment  of  the  instrument  for 
the  full  amount  thereof  agfainst  all  parties  liable  thereon. 

Sec.  65.  In  the  hands  of  any  holder  other  than  a  holder  in  due  course, 
a  negotiable  instrument  is  subject  to  the  same  defenses  as  if  it  were  non- 
negotiable.  But  a  holder  who  derives  his  title  through  a  holder  in  due 
course,  and  who  is  not  himself  a  party  to  any  fraud  or  illegality  affecting 
the  instrument,  has  all  the  rights  of  such  former  holder  in  respect  of  all 
parties  prior  to  the  latter. 


1897.]  JOURNAL  OP  THE  HOUSE.  217 

Sec.  66.  Every  holder  is  deemed  prima  facie  to  be  a  holder  in  due 
course;  but  when  it  is  shown  that  the  title  of  any  person  who  has 
negotiated  the  instrument  was  defective,  the  burden  is  on  the  holder 
to  prove  that  he  or  some  person  under  whom  he  claims  acquired  the 
title  as  a  holder  in  due  course.  But  the  last  mentioned  rule  does  not 
apply  in  favor  of  a  party  who  became  bound  on  the  instrument  prior  to 
the  acquisition  of  such  defective  title. 

LIABILITIES   OF   PARTIES. 

Sec  67.  The  maker  of  a  negotiable  instrument  by  making  it  engages 
that  he  will  pay  it  according  to  its  tenor;  and  admits  the  existence  of  the 
payee  and  his  then  capacity  to  indorse. 

Sec.  68.  The  drawer  by  drawing  the  instrument  admits  the  existence 
of  the  payee  and  his  then  capacity  to  indorse;  and  engages  that  on  due 
presentment  the  instrument  will  be  accepted  or  paid,  or  both,  according 
to  its  tenor,  and  that  if  it  be  dishonored,  and  the  necessary  proceedings  on 
dishonor  be  duly  taken,  he  will  pay  the  amount  thereof  to  the  holder,  or 
to  any  subsequent  endorser  who  may  be  compelled  to  pay  it.  But  the 
drawer  may  insert  in  the  instrument  an  express  stipulation  negativing 
or  limiting  his  own  liability  to  the  holder. 

Sec.  69.  The  acceptor  by  accepting  the  instrument  engages  that  he 
will  pay  it  according  to  the  tenor  of  his  acceptance;  and  admits: 

1.  The  existence  of  the  drawer,  the  genuineness  of  his  signature,  and 
his  capacity  and  authority  to  draw  the  instrument;  and 

2.  The  existence  of  the  payee  and  his  then  capacity  to  indorse. 

Sec.  70.     A  person  placing  his  signature  upon  an  instrument  otherwise 
than  as  maker,  drawer  or  acceptor  is  deemed  to  be  an  indorser,  unless  he 
clearly  indicates  by  appropriate  words  his  intention  to  be  bound  in  some 
other  capacity. 

Sec  71.  Where  a  person,  not  otherwise  a  party  to  an  instrument, 
places  thereon  his  signature  in  blank  before  delivery,  he  is  liable  as  indorser 
in  accordance  with  the  following  rules: 

1.  If  the  instrument  is  payable  to  the  order  of  a  third  person,  he  is 
liable  to  the  payee  and  to  all  subsequent  parties. 

2.  If  the  instrument  is  payable  to  the  order  of  the  maker  or  drawer, 
or  is  payable  to  bearer,  he  is  liable  to  all  parties  subsequent  to  the  maker 
or  drawer. 

3.  If  he  signs  for  the  accommodation  of  the  payee,  he  is  liable  to  all 
parties  subsequent  to  the  payee. 

Sec.  72.  Every  person  negotiating  an  instrument  by  delivery  or  by  a 
qualified  indorsement   warrants: 

1.  That  the  instrument  is  genuine  and  in  all  respects  what  it  pur- 
ports to  be; 

2.  That  he  has  a  good  title  to  it; 

3.  That  all  prior  parties  had  capacity  to  contract; 

4.  That  he  has  no  knowledge  of  any  fact  which  would  impair  the  val- 
idity of  the  instrument  or  render  it  valueless. 

But  when  the  negotiation  is  by  delivery  only,  the  warranty  extends  in 
favor  of  no  holder  other  than  the  immediate  transferee. 

The  provisions  of  subdivision  three  of  this  section  do  not  apply  to 
persons  negotiating  public  or  corporate  securities,  other  than  bills  and 
notes. 


218  JOURNAL  OF  THE  HOUSE.  [Feb.  12, 

Sec.  73.  Every  indorser  who  indorses  without  qualification,  warrants 
to  all  subsequent  holders  in  due  course: 

1.  The  matters  and  things  mentioned  in  subdivisions  one,  two  and 
three  of  the  next  preceding  section;  and 

2.  That  the  instrument  is  at  the  time  of  his  indorsement  valid  and 
subsisting. 

And,  in  addition,  he  engages  that  on  due  presentment,  it  shall  be 
accepted  or  paid,  or  both,  as  the  case  may  be,  according  to  its  tenor,  and 
that  if  it  be  dishonored,  and  the  necessary  proceedings  on  dishonor  be  duly 
taken,  he  will  pay  the  amount  thereof  to  the  holder,  or  to  any  subsequent 
indorser  who  may  be  compelled  to  pay  it. 

Sec.  74.  Where  a  person  places  his  indorsement  on  an  instrument  nego- 
tiable  by  delivery  he  incurs  all  the  liabilities  of  an  indorser. 

Sec  75.  As  respects  one  another,  indorsers  are  liable  prima  facie  in  the 
order  in  which  they  indorse;  but  evidence  is  admissible  to  show  that  as 
between  or  among  themselves  they  have  agreed  otherwise.  Joint  payees 
or  joint  indorsees  who  indorse  are  deemed  to  indorse  jointly  and  severally. 
Sec.  76.  Where  a  broker  or  other  agent  negotiates  an  instrument  with- 
out indorsement,  he  incurs  all  the  liabilities  prescribed  by  section  sixty- 
five  of  this  act,  unless  he  discloses  the  name  of  his  principal,  and  the  fact 
that  he  is  acting  only  as  agent. 

PBRSENTMVNT  FOB  PAYMENT. 

Sec.  77.  Presentment  for  payment  is  not  necessary  in  order  to  charge 
the  person  primarily  liable  on  the  instrument;  but  if  the  instrument  is,  by 
its  terms,  payable  at  a  special  place,  and  he  is  able  and  willing  to  pay  it 
there  at  maturity,  such  ability  and  willingness  are  equivalent  to  a  tender 
of  payment  upon  his  part.  But  except  as  herein  otherwise  provided,  pre- 
sentment for  payment  is  necessary  in  order  to  charge  the  drawer  and 
indorsers. 

Sec.  78.  Where  the  instrument  is  not  payable  on  demand,  presentment 
must  be  made  on  the  day  it  falls  due.  Where  it  is  payable  on  demand, 
presentment  must  be  made  within  a  reasonable  time  after  its  issue,  except 
that  in  the  case  of  a  bill  of  exchange,  presentment  for  payment  will  be 
sufficient  if  made  within  a  reasonable  time  after  the  last  negotiation 
thereof. 

Sec.  79.     Presentment  for  payment,  to  be  sufficient,  must  be  made: 

1.  By  the  holder,  or  by  Ecme  person  authorized  to  receive  payment  on 
his  behalf; 

2.  At  a  reasonable  hour  on  a  business  day; 

3.  At  a  proper  place  as  herein  defined; 

4.  To  the  person  primarily  liable  on  the  instrument,  or  if  he  is  absent 
or  inaccessible,  to  any  person  found  at  the  place  where  the  presentment 
is  made. 

Sec.  80.     Presentment  for  payment  is  made  at  the  proper  place: 

1.  Where  a  place  of  payment  is  specified  in  the  instrument  and  it  is 
there  presented; 

2.  Where  no  place  of  payment  is  specified  but  the  address  of  the  per- 
son to  make  payment  is  given  in  the  instrument  and  it  is  there  presented; 


1897.]  JOURNAL  OF  THE  HOUSE.  219 

3.  Where  no  place  of  payment  is  specified  and  no  address  is  given  and 
the  instrament  is  presented  at  the  nsaal  place  of  business  or  residence  of 
the  person  to  make  payment; 

4.  In  any  other  case  if  presented  to  the  person  to  make  payment  wher- 
ever he  can  be  fonnd,  or  if  presented  at  his  last  known  place  of  business  or 
residence. 

Sec  81.  The  instrament  must  be  exhibited  to  the  person  from  whom 
payment  is  demanded,  and  when  it  is  paid  must  be  delivered  up  to  the 
party  paying  it. 

Sec.  82.  Where  the  instrument  is  payable  at  a  bank,  presentment  for 
payment  must  be  made  daring  banking  hours,  unless  the  person  to  make 
payment  has  no  funds  there  to  meet  it  at  any  time  daring  the  day,  in  which 
case  presentment  at  any  hour  before  the  bank  is  closed  on  that  day  is  suffi- 
cient. 

Sec.  83.  Where  the  person  primarily  liable  on  the  instrament  is  dead, 
and  no  place  of  payment  is  specified,  presentment  for  payment  must  be 
made  to  his  personal  representative  if  such  there  be,  and  if  with  the  exer- 
cise of  reasonable  diligence,  he  can  be  found. 

Sec.  84.  Where  the  persons  primarily  liable  on  the  instrument  are 
liable  as  partners,  and  no  place  of  payment  is  specified,  presentment  for 
payment  may  be  made  to  any  one  of  them,  even  though  there  has  been  a 
dissolution  of  the  firm. 

Sec.  85.  Where  there  are  several  persons,  not  partners,  primarily 
liable  on  the  instrument,  and  no  place  of  payment  is  specified,  presentment 
must  be  made  to  them  all. 

Sec.  86.  Presentment  for  payment  is  not  required  in  order  to  charge 
the  drawer  where  he  has  no  right  to  expect  or  require  that  the  drawee  or 
acceptor  will  pay  the  instrument. 

Sec.  87.  Presentment  for  payment  is  not  required  in  order  to  charge 
an  indorser  where  the  instrument  was  made  or  accepted  for  his  accommo- 
dation, and  he  has  no  reason  td  expect  that  the  instrument  will  be  paid 
if  presented. 

Sec.  88.  Delay  in  making  presentment  for  payment  is  excused  when 
the  delay  is  caused  by  circumstances  beyond  the  control  of  the  holder,  and 
not  imputable  to  his  default,  misconduct  or  negligence.  When  the  cause 
of  the  delay  ceases  to  operate,  presentment  must  be  made  with  reasonable 
diligence. 

Sec.  89.     Presentment  for  payment  is  dispensed  with: 

1.  Where  after  the  exercise  of  reasonable  diligence  presentment  as 
required  by  this  act  cannot  be  made; 

2.  Where  the  drawee  is  a  fictitious  person; 

3.  By  waiver  of  presentment  express  or  implied. 

Sec.  90.     The  instrument  is  dishonored  by  non-payment  when: 

1.  It  is  duly  presented  for  payment  and  payment  is  ref usnd  or  cannot 
be  obtained;  or 

2.  Presentment  is  excused  and  the  instrument  is  overdue  and  unpaid. 
Sec.  01.     Subject  to  the  provisions  of  this  act,  when  the  instrument  is 

dishonored  by  non-payment,  an  immediate  right  of  recourse  to  all  parties 
secondarily  liable  thereon,  accrues  to  the  holder. 


220  JOURNAL  OP  THE  HOUSK  [Feb.  12, 

Sec.  92.  Every  negotiable  instrument  is  payable  at  the  time  fixed  there- 
in without  grace.  When  the  day  of  maturity  falls  on  Sunday,  or  the  first 
day  of  January,  twenty- second  day  of  February,  thirtieth  day  of  May, 
the  fourth  day  of  July,  the  first  Monday  in  September,  twenty-fifth  day  of 
December,  and  anj  day  appointed  or  recommended  by  the  Governor  of  this 
State,  or  by  the  president  of  the  United  States  as  a  day  of  fasting  or 
thanksgiving,  shall  be  regarded  as  holidays,  for  all  purposes  relating  to 
the  presentation  for  payment  or  acceptance,  the  instrument  is  payable 
on  the  next  succeeding  business  day. 

Instruments  falling  due  on  Saturday  are  to  be  presented  for  payment 
on  the  next  succeeding  business  day,  except  that  instruments  payable  on 
demand  may,  at  the  option  of  the  holder,  be  presented  for  payment  before 
twelve  o'clock  noon  on  Saturday,  when  that  entire  day  is  not  a  holiday. 

Sec.  93.  Where  the  instrument  is  payable  at  a  fixed  period  after  date, 
after  sight,  or  after  the  happening  of  a  specified  event,  the  time  of  pay- 
ment is  determined  by  excluding  the  day  from  which  the  time  is  to  begin 
to  run,  and  by  including  the  date  of  payment. 

Sec.  94.  Payment  is  made  in  due  course  when  it  is  made  at  or  after  the 
maturity  of  the  instrument  to  the  holder  thereof  in  good  faith  and  with- 
out notice  that  his  title  is  defective. 

Sec.  95.  When  the  holder  of  an  instrument  for  the  payment  of  money 
is  absent  from  the  State  when  it  becomes  due,  and  the  indorsee  or  assignee 
of  such  an  instrument  has  not  notified  the  maker  of  such  indorsement  or 
assignment,  the  maker  may  tender  payment  at  the  last  residence  or  place 
of  business  of  the  payee  before  the  instrument  becomes  due,  and  if  there 
be  no  person  there  authorized  to  receive  payment  and  give  proper  -credit 
therefor,  the  maker  may  deposit  the  amount  due  with  the  clerk  of  the  dis- 
trict court  in  the  county  where  the  payee  resided  at  the  time  it  became 
due,  paying  the  clerk  one  per  cent  on  the  amount  deposited,  and  the 
maker  shall  not  be  liable  for  interest  from  that  date.    [3280] 

NOTICE   or   DISHONOR. 

Sec.  96.  Except  as  herein  otherwise  provided,  when  a  negotiable  instru- 
ment has  been  dishonored  by  non-acceptance  or  non-payment,  notice  of 
dishonor  must  be  given  to  the  drawer  and  to  each  indorser,  and  any 
drawer  or  indorser  to  whom  such  notice  is  not  given  is  discharged. 

Sec.  97.  The  notice  may  be  given  by  or  on  behalf  of  the  holder,  or  by 
or  on  behalf  of  any  party  to  the  instrument  who  might  be  compelled  to  pay 
it  to  the  holder,  and  who,  upon  taking  it  up  would  have  a  right  to  re-im- 
bursement  from  the  party  to  whom  the  notice  is  given. 

Sec.  98.  Notice  of  dishonor  may  be  given  by  an  agent  either  in  his  own 
name  or  in  the  name  of  any  party  entitled  to  give  notice,  whether  that 
party  be  his  principal  or  not. 

Sec.  99.  Where  notice  is  given  by  or  on  behalf  of  the  holder,  it  enures 
for  the  benefit  of  all  subsequent  holders  and  all  prior  parties  who  have  a 
right  of  recourse  against  the  party  to  whom  it  is  given. 

Sec.  100.  Where  notice  is  given  by  or  on  behalf  of  a  party  entitled  to 
give  notice,  it  enures  for  the  benefit  of  the  holder  and  all  parties  subse- 
quent to  the  party  to  whom  notice  is  given. 

Sec.  101.  Where  the  instrument  has  been  dishonored  iu  the  hands  of 
an  agent  he  may  either  himself  give  notice  to  the  parties  liable  thereon,  or 


1897.]  JOURNAL  OF  THE  HOUSE.  221 

he  may  give  notice  to  his  principal.  If  he  give  notice  to  his  principal,  he 
must  do  so  within  the  same  time  as  if  he  were  the  holder,  and  the  principal 
upon  the  receipt  of  such  notice  has  himself  the  same  time  for  giving 
notice  as  if  the  agent  had  been  an  independent  holder. 

Sec.  103.  A  written  notice  need  not  be  signed  and  an  insufficient  writ- 
ten notice  may  be  supplemented  and  validated  by  verbal  communication. 
A  misdescription  of  the  instrument  does  not  vitiate  the  notice  unless  the 
party  to  whom  the  notice  is  given  is  in  fact  misled  thereby. 

Sec.  103.  The  notice  may  be  in  writing  or  merely  oral  and  may  be 
given  in  any  terms  which  sufficiently  identifiy  the  instrument,  and  indi- 
cate that  it  has  been  dishonored  by  non-acceptance  or  non-payment.  It 
may  in  all  cases  be  given  by  delivering  it  personally  or  through  the  mails. 

Sec.  104.  Notice  of  dishonor  may  be  given  either  to  the  party  himself 
or  to  his  agent  in  that  behalf. 

Sec.  105.  When  any  party  is  dead,  and  his  death  is  known  to  the  party 
giving  notice,  the  notice  must  be  given  to  a  personal  representative,  if 
there  be  one,  and  if  with  reasonable  diligence,  he  can  be  found.  If  there 
be  no  personal  representative,  notice  may  be  sent  to  the  last  residence  or 
last  place  of  business  of  the  deceased 

Sec.  106.  Where  the  parties  to  be  notified  are  partners  notice  to  any 
one  partner  is  notice  to  the  firm  even  though  there  has  been  a  dissolu- 
tion. 

Sec.  107.  Notice  to  joint  parties  who  are  not  parners  must  be  given  to 
each  of  them,  unless  one  of  them  has  authority  to  receive  such  notice  for 
the  others. 

Sec.  108.  Where  a  party  has  been  adjudged  a  bankrupt  or  an  insolvent, 
or  has  made  an  assignment  for  the  benefit  of  creditors,  notice  may  be  given 
either  to  the  party  himself  or  to  his  trustee  or  assignee. 

Sec.  109.  Notice  may  be  given  as  soon  as  the  instrument  is  dishonored; 
and  unless  delay  is  excused  as  hereinafter  provided,  must  be  given  within 
the  times  fixed  by  this  act. 

Sec.  110  Where  the  person  giving  and  the  person  to  receive  notice 
reside  in  the  same  place,  notice  must  be  given  within  the  following  times: 

1.  If  given  at  the  place  of  business  of  the  person  to  receive  notice,  it 
must  be  given  before  the  close  of  business  hours  on  the  day  following; 

2.  If  given  at  his  residence,  it  must  be  given  before  the  usual  hours  of 
rest  on  the  day  following; 

3.  If  sent  by  mail,  it  must  be  deposited  in  the  postoffice  in  time  to 
reach  him  in  usual  course  on  the  day  following. 

Sec.  111.  Where  the  person  giving  and  the  person  to  receive  notice 
roside  in  different  places,  the  notice  must  be  given  within  the  following 
times: 

1.  If  sent  by  mail,  it  must  be  deposited  in  the  postoffice  in  time  to  go 
by  mail  the  day  following  the  day  of  dishonor,  or  if  there  be  no  mail  at  a 
convenient  hour  on  that  day,  by  the  next  mail  thereafter. 

2.  If  given  otherwise  than  through  the  postoffice,  then  within  the  time 
that  notice  would  have  been  received  in  due  course  of  mail,  if  it  had  been 
deposited  in  the  postoffice  within  the  time  specified  in  the  last  subdivision. 

Sec.  113.  When  notice  of  dishonor  is  duly  addressed  and  deposited  in 
the  postoffice,  the  sender  is  deemed  to  have  given  due  notice,  notwith- 
standing any  miscarriage  in  the  mails. 


222  JOURNAL  OP  THE  HOUSE.  [Feb.  12, 

Sec.  113.  Notice  is  deemed  to  have  been  deposited  in  the  postoffioe 
when  deposited  in  any  branch  postofiSoe  or  any  letter  box  nnder  control  of 
the  postoffice  department. 

Sec.  114.  When  a  party  receives  notice  of  dishonor,  he  has  after  the 
receipt  of  such  notice  the  same  time  for  gfivuifir  notice  to  antecedent  parties 
that  the  holder  has  after  the  dishonor. 

Sec.  115.  Where  a  party  has  added  an  address  to  his  signature,  notice 
of  dishonor  must  be  sent  to  that  address;  bnt  if  he  has  not  given  such 
address,  then  the  notice  must  be  sent  as  follows: 

1.  Either  to  the  postoffice  nearest  to  his  place  of  residence,  or  to  the 
postoffice  where  he  is  accustomed  to  receive  his  letters;  or 

2.  If  he  live  in  one  place,  and  have  his  place  of  business  in  another, 
notice  may  be  sent  to  either  place;  or 

3.  If  he  is  sojourning  in  another  place,  notice  may  be  sent  to  the  place 
where  he  is  so  sojourning. 

4.  But  where  the  notice  is  actually  received  by  the  party  within  the 
time  specified  in  this  act,  it  will  be  sufficient,  thoui^h  not  sent  in  accord- 
ance with  the  requirements  of  this  section. 

Sec.  116.  Notice  of  dishonor  may  be  waived,  either  before  the  time 
of  giving  notice  has  arrived,  or  after  the  omission  to  give  due  notice,  and 
the  waiver  may  be  express  or  implied. 

Sec.  117.  Where  the  waiver  is  embodied  in  the  instrument  itself,  it  is 
binding  upon  all  parties;  but  where  it  is  written  above  the  signature  of  an 
indorser,  it  binds  him  only. 

Sec.  118.  A  waiver  of  protest,  whether  in  the  case  of  a  foreign  bill  of 
exchange  or  other  negotiable  instrument,  is  deemed  to  be  a  waiver  not 
only  of  a  formal  protest  but  also  of  presentment  and  dishonor. 

Sec  119.  Notice  of  dishonor  is  dispensed  with  when,  after  the  exercise 
of  reasonable  diligence,  it  cannot  be  given  to  or  does  not  reach  the  parties 
sought  to  be  charged. 

Sec.  120.  Delay  in  giving  notice  of  dishonor  is  excused  when  the  delay 
is  caused  by  circumstances  beyond  the  control  of  the  holder  and  not  imput- 
able to  his  default,  misconduct  or  negligence.  When  the  cause  of  delay 
ceases  to  operate,  notice  must  be  given  with  reasonable  diligence. 

Sec.  121.  Notice  of  dishonor  is  not  required  to  be  given  to  the  drawer 
in  either  of  the  following  cases: 

1.  Where  the  drawer  and  the  drawee  are  the  same  person; 

2.  Where  the  drawee  is  a  fictitious  person  or  a  person  not  having 
capacity  to  contract; 

3.  Where  the  drawer  is  the  person  to  whom  the  instrument  is  pre- 
sented for  payment; 

4.  Where  the  drawer  has  no  right  to  expect  or  require  that  the  drawee 
or  acceptor  will  honor  the  instrument; 

5.  Where  the  drawer  has  countermanded  payment. 

Sec  122.  Notice  of  dishonor  is  not  required  to  be  given  to  an  indorser 
in  either  of  the  following  cases: 

1.  Where  the  drawee  is  a  fictitious  person  or  a  person  not  having 
capacity  to  contract,  and  the  indorser  was  aware  of  the  fact  at  the  time 
he  indorsed  the  instrument; 


1897]  JOURNAL  OF  THE  HOUSE.  223 

2.  Where  the  indorser  is  the  person  to  whom  the  instrument  is  per- 
sented  for  payment; 

3.  Where  the  instrument  was  made  or  accepted  for  his  accommoda- 
tion. 

Sec.  133.  Where  due  notice  of  dishonor  by  non-acceptance  has  been 
gfiven,  notice  of  a  subsequent  dishonor  by  non-payment  is  not  necessary, 
unless  in  the  meantime  the  instrument  has  been  accepted. 

Sec  124.  An  omission  to  give  notice  of  dishonor  by  non-acceptance 
does  not  prejudice  the  rights  of  a  holder  in  due  course  subsequent  to  the 
omission. 

Sec.  125.  Where  any  negotiable  instrument  has  been  dishonored  it  may 
be  protested  for  non-acceptance  or  non-payment  as  the  case  may  be;  but 
protest  is  not  required,  except  in  the  case  of  foreign  bills  of  exchange. 

DISCHABGE  OF   NEGOTIABLE  IKSTBUMENTS. 

Sec.  126.     A  negotiable  instrument  is  discharged: 

1.  By  payment  in  due  course  by  or  on  behalf  of  the  principal  debtor; 

2.  By  payment  in  due  course  by  the  party  accommodated,  where  the 
instrument  is  made  or  accepted  for  accommodation; 

3.  By  the  intentiooal  caneellation  thereof  by  the  holder; 

4.  By  any  other  act  which  will  discharge  a  simple  contract  for  the 
payment  of  money; 

5.  When  the  principal  debtor  becomes  the  holder  of  the  instrument  at 
or  after  maturity  in  his  own  right; 

Sec.  127.     A  person  secoodarily  liable  on  the  instrument  is  discharged: 

1.  By  any  act  which  discharges  the  instrument; 

2.  By  the  intentional  cancellation  of  his  signature  by  the  holder; 

3.  By  the  discbarge  of  a  prior  party; 

4.  By  a  valid  tender  of  payment  made  by  a  prior  party; 

5.  By  a  release  of  the  principal  debtor,  unless  the  holder's  right  of 
recourse  against  the  party  secondarily  liable  is  expressly  reserved; 

6.  By  any  agreement  binding  upon  the  holder  to  extend  the  time  of 
payment,  or  to  postpone  the  holder's  right  to  enforce  the  instrument;  unless 
made  with  the  assent  of  the  party  secondarily  liable,  or  unless  the  right 
of  recourse  against  such  party  is  expressly  reserved. 

Sec.  128.  Where  the  instrument  is  paid  by  a  party  secondarily  liable 
thereon,  it  is  not  discharged;  but  the  party  so  paying  it  is  remitted  to  his 
former  rights  as  regards  all  prior  parties,  and  he  may  strike  out  his  own 
and  all  subsequent  indorsements,  and  again  negotiate  the  instrument, 
except: 

1.  Where  it  is  payable  to  the  order  of  a  third  person,  and  has  been  paid 
by  the  drawer;  and 

2.  Where  it  was  made  or  accepted  for  accommodation,  and  has  been 
paid  by  the  party  accommodated. 

Sec  129.  The  holder  may  expressly  renounce  his  rights  against  any 
party  to  the  instrument,  before,  at  or  after  its  maturity.  An  absolute  and 
unconditional  renunciation  of  his  rights  against  the  principal  debtor  made 
at  or  after  the  maturity  of  the  instrument  discharges  the  instrument.  But 
a  renunciation  does  not  affect  the  rights  of  a  holder  in  due  course  without 
notice.  A  renunciation  must  be  in  writing,  unless  the  instrnment  is 
delivered  up  to  the  person  primarily  liable  thereon. 


224  JOURNAL  OF  THE  HOUSE.  [Feb.  12, 

Sec.  130.  A  cancellation  made  unintentionally,  or  under  a  mistake,  or 
without  the  authority  of  the  holder,  is  inoperative;  but  where  an  instru- 
ment or  any  signature  thereon  appears  to  have  been  cancelled  the  burden 
of  proof  lies  on  the  party  who  alleges  that  the  cancellation  was  made 
unintentially,  or  under  a  mistake  or  without  authority. 

Sec.  131.  Where  a  negotiable  instrument  is  materially  altered  without 
the  assent  of  all  parties  liable  thereon,  it  is  avoided,  except  as  a^r&inst  a 
party  who  has  himself  made,  authorized  or  assented  to  the  alteration  and 
subsequent  indorsers. 

But  when  an  instrument  has  been  materially  altered  and  is  in  the 
hands  of  a  holder  in  due  course,  not  a  party  to  the  alteration,  he  may 
enforce  payment  thereof  according  to  its  original  tenor. 

Sec.  132.     Any  alteration  which  changes: 

1.  The  date; 

2.  The  sum  payable;  either  for  principal  or  interest; 

3.  The  time  or  place  of  payment; 

4.  The  number  or  the  relations  of  the  parties; 

5.  The  medium  of  currency  in  which  payment  is  to  be  made; 

Or  which  adds  a  place  of  payment  where  no  place  of  payment  is 
specified,  or  any  other  change  or  addition  which  alters  the  effect  of  the 
instrument  in  any  respect,  is  a  material  alteration. 

BILLS  OF  EXCHANGE. 

FOBM   AJSJ}  INTEBPRETATIOir. 

Sec.  133.  A  bill  of  exchange  is  an  unconditional  order  in  writing 
addressed  by  one  person  to  another,  signed  by  the  person  giving  it,  requir- 
ing the  person  to  whom  it  is  addressed  to  pay  on  demand  or  at  a  fixed  or 
determinable  future  time  a  sum  certain  in  money  to  order  or  to  bearer. 

Sec.  134.  A  bill  of  itself  does  not  operate  as  an  assignment  of  the 
funds  in  the  hands  of  the  drawee  available  for  the  payment  thereof  and 
the  drawee  is  not  liable  oh  the  bill  unless  and  until  he  accepts  the  same. 

Sec.  135.  A  bill  may  be  addressed  to  'two  or  more  drawees  jointly, 
whether  they  are  partners  are  not;  but  not  to  two  or  more  drawees  in  the 
alternative  or  in  succession. 

Sec.  136.  An  inland  bill  of  exchange  U  a  bill  which  is,  or  on  its  face 
purports  to  be,  both  drawn  and  payable  within  this  State.  Any  other  bill 
is  a  foreign  bill.  Unless  the  contrary  appears  on  the  face  of  the  bill,  the 
holder  may  treat  it  as  an  inland  bill. 

Sec.  137.  Where  in  a  bill  drawer  and  drawee  are  the  same  person,  or 
where  the  drawee  is  a  fictitious  person,  or  a  person  not  having  capacity  to 
contract,  the  holder  may  treat  the  instrument  at  his  option,  either  as  a 
bill  of  exchange  or  a  promissory  note. 

Sec.  138.  The  drawer  of  a  bill  and  any  indorser  may  insert  thereon  the 
name  of  a  person  to  whom  the  holder  may  resort  in  case  of  need,  that  is 
to  say,  in  case  ^he  bill  is  dishonored  by  non-acceptance  or  non-payment. 
Such  person  is  called  the  referee  in  case  of  need.  It  is  in  the  option  of 
the  holder  to  resort  to  the  referee  in  case  of  need  or  not  as  he  may  see  fit. 

ACCEPTANCE, 

Sec.  139.  The  acceptance  of  a  bill  is  the  signification  by  the  drawee  of 
his  assent  to  the  order  of  the  drawer.     The  acceptance  must  be  in  writing 


1897.]  JOURNAL  OF  THE  HOUSE.  225 

and  signed  by  the  drawer.     It  must  not  express  that  the  drawee  will  per- 
form his  promise  by  any  other  means  than  the  payment  of  money. 

Sec.  140.  The  holder  of  a  bill  presenting  the  same  for  •acceptance  may 
require  that  the  acceptance  be  written  on  the  bill  and  if  such  request  is 
refused,  may  treat  the  bill  as  dishonored. 

Sec.  141.  Where  an  acceptance  is  written  on  a  paper  other  than  the  bill 
itself,  it  does  not  bind  the  acceptor  except  in  favor  of  a  person  to  whom 
it  is  shown  and  who,  on  the  faith  thereof,  receives  the  bill  for  value. 

Sec.  142.  An  unconditional  promise  in  writing  to  accept  a  bill  before 
it  is  drawn  is  deemed  an  actual  acceptance  in  favor  of  every  person  who, 
upon  the  faith  thereof,  receives  the  bill  for  value. 

Sec.  143.  The  drawee  is  allowed  twenty- four  hours  after  presentment 
in  which  to  decide  whether  or  not  he  will  accept  the  bill;  but  the  accept- 
ance, if  given,  dates  as  of  the  day  of  presentation. 

Sec.  144.  Where  a  drawee  to  whom  a  bill  is  delivered  for  acceptance 
destroys  the  same,  or  refuses  within  twenty-four  hours  after  such  deliv- 
ery, or  within  such  other  period  as  the  holder  may  allow,  to  return  the 
bill  accepted  or  non-accepted  to  the  holder,  he  will  be  deemed  to  have 
accepted  the  same. 

Sec.  145.  A  bill  may  be  accepted  before  it  has  been  signed  by  the 
drawer,  or  while  otherwise  incomplete,  or  when  it  is  overdue,  or  after  it 
has  been  dishonored  by  a  previous  refusal  to  accept,  or  by  non-payment, 
fiut  when  a  bill  payable  after  sight  is  dishonored  by  non-acceptance  and 
the  drawee  subsequently  accepts  it,  the  holder,  in  the  absence  of  any  dif- 
ferent agreement,  is  entitled  to  have  the  bill  accepted  as  of  the  date  of 
the  first  presentment. 

Sec.  146.  An  acceptance  is  either  general  or  qualified.  A  general 
acceptance  assents  without  qualification  to  the  order  of  the  drawer.  A 
qualified  acceptance  in  express  terms  varies  the  effect  of  the  bill  as  drawn. 

Sec.  147.  An  acceptance  to  pay  at  a  particular  place  is  a  general 
acceptance  unless  it  expressly  states  that  the  bill  is  to  be  paid  there  only 
and  not  elsewhere. 

Sec.  148.     An  acceptance  is  qualified  which  is: 

1.  Conditional,  that  is  to  say,  which  makes  payment  by  the  acceptor 
dependent  on  the  fulfillment  of  a  condition  therein  stated; 

2.  Partial,  that  is  to  say,  an  acceptance  to  pay  part  only  of  the 
amount  for  which  the  bill  is  drawn; 

3.  Local,  that  is  to  say,  an  acceptance  to  only  pay  at  a  particular 
place; 

4.  Qualified  as  to  time; 

5.  The  acceptance  of  some  one  or  more  of  the  drawees,  but  not  of  all. 
Sec.  149.     The  holder  may  refuse  to  take  a  qualified  aoceptanoe,  and  if 

he  does  not  obtain  an  unqualified  acceptance,  he  may  treat  the  bill  as  dis- 
honored by  non-acceptance  Where  a  qualified  acceptance  is  taken  the 
drawer  and  indorsers  are  discharged  from  liability  on  the  bill,  unless  they 
have  expressly  or  impliedly  authorized  the  holder  to  take  a  qaalified 
acceptance,  or  subsequently  assent  thereto.  When  the  drawer  or  an 
indorser  receives  notice  of  a  qualified  acceptance,  he  must  within  a  reason- 
able time  express  his  dissent  to  the  holder,  or  he  will  be  deemed  to  have- 
assented  thereto. 

15 


226  JOURNAL  OP  THE  HOUSE.  [Feb.  12, 

PBEBBNTMEITT  FOB  ACCEPTANOE. 

See.  150.    Presentment  for  acceptance  must  be  made; 

1.  Where  the  bill  is  payable  after  sig^ht,  or  in  any  other  case  where 
presentment  for  acceptance  is  necessary  in  order  to  fix  the  maturity  of  the 
instrument;  or 

3.  Where  the  bill  expressly  stipulates  that  it  shall  be  presented  for 
acceptance;  or 

3.  Where  the  bill  is  drawn  payable  elsewhere  than  at  the  residence  or 
place  of  business  of  the  drawee. 

In  no  other  case  is  presentment  for  acceptance  necessary  in  order  to 
render  any  party  to  the  bill  liable. 

Sec.  151.  Except  as  herein  otherwise  proTided,  the  holder  of  a  bill 
which  is  required  by  the  next  preceding?  section  to  be  presented  for  accept- 
ance must  either  present  it  for  acceptance  or  negotiate  it  within  a  reason- 
able time.     If  he  fail  to  do  so,  the  drawer  and  all  indorsers  are  discharged. 

Sec.  152.  Presentment  for  acceptance  must  be  made  by  or  on  behalf  of 
the  holder  at  a  reasonable  hour,  on  a  business  day  and  before  the  bill  is 
overdue,  to  the  drawer  or  some  person  authorized  to  accept  or  refuse 
acceptance  on  his  behalf;  and: 

1.  Where  a  bill  is  addressed  to  two  or  more  drawees  who  are  not 
partners,  presentment  must  be  made  to  them  all,  unless  one  has  authority 
to  accept  or  refuse  acceptance  for  all,  in  which  case  presentment  may  be 
made  to  him  only. 

2.  Where  the  drawee  is  dead,  presentment  may  be  made  to  his  personal 
representative ; 

3.  Where  the  drawee  has  been  adjudged  a  bankrupt  or  an  insolvent  or 
has  made  an  assignment  for  the  benefit  of  creditors,  presentment  may  be 
made  to  him  or  to  his  trustee  or  assignee. 

Sec.  153.  A  bill  may  be  presented  for  acceptance  on  any  day  on  which 
negotiable  instruments  may  be  presented  for  payment  under  the  provisions 
of  sections  seventy-two  and  eighty- five  of  this  act.  When  Saturday  is  not 
otherwise  a  holiday,  presentment  for  acceptance  may  be  made  before 
twelve  o'clock  noon  on  that  day. 

Sec.  154.  Where  the  holder  of  a  bill  drawn  payable  elsewhere  than  at 
the  place  of  business  or  the  residence  of  the  drawee  has  not  time  with  the 
exercise  of  reasonable  diligence  to  present  the  bill  for  acceptance  before 
presenting  it  for  payment  on  the  day  that  it  falls  due,  the  delay  caused 
by  presenting  the  bill  for  acceptance  before  presenting  it  for  payment  is 
excused  and  does  not  discharge  the  drawers  and  indorsers. 

Sec.  155.  Presentment  for  acceptance  is  excused  and  a  bill  may  be 
treated  as  dishonored  by  non-acceptance,  in  either  of  the  following  cases: 

1.  Where  the  drawee  is  dead,  or  has  absconded,  or  is  a  fictitious  person 
or  a  person  not  having  power  to  contract  by  bill; 

2.  Where  after  the  exercise  of  reasonable  diligence,  presentment  can- 
not be  made; 

3.  Where  although  presentment  has  been  irregular,  acceptance  has 
been  refused  on  some  other  ground. 

Sec.  156.     A  bill  is  dishonored  by  non-acceptance: 

1.  When  it  is  duly  presented  for  acceptance  and  such  an  acceptance  as  is 
prescribed  by  this  act  is  refused  or  cannot  be  obtained;  or 


1897.]  JOURNAL  OF  THE  HOUSE.  227 

2.  When  presentment  for  acceptance  ia  excused  and  the  bill  is  not 
accepted. 

Sec.  157.  When  a  bill  is  duly  presented  for  accptance  and  is  not 
accepted  within  the  prescribed  time,  the  person  presenting  it  must  treat 
the  bill  as  dishonored  bj  non-acceptance  or  he  loses  the  right  of  recourse 
against  the  drawer  or  indorsers. 

Sec.  158.  When  a  bill  is  dishonored  by  non-acceptance,  an  immediate 
right  of  recourse  against  the  drawers  and  indorsers  accrues  to  the  holder 
and  no  presentment  for  payment  is  necessary. 

PBOTBST. 

Sec.  159.  When  a  foreign  bill  appearing  on  its  (face  to  be  such  is  dia- 
honored  by  non-acceptance,  it  must  be  duly  protested  for  non-acceptance, 
and  where  such  a  bill  which  has  not  previously  been  dishonored  by  non- 
acceptance  is  dishonored  by  non-payment,  it  must  be  duly  protested  for 
non-payment.  If  it  is  not  so  protested,  the  drawer  and  indorsers  are  dis- 
charged. Where  a  bill  does  not  appear  on  its  face  to  be  a  foreign  bill, 
protest  thereof  in  case  of  dishonor  is  unnecessary. 

Sec.  160.  The  protest  must  be  annexed  to  the  bill,  or  must  contain  a 
a  copy  thereof,  and  must  be  under  the  hand  and  seal  of  the  notary  mak- 
ing it,  and  must  specify: 

1.  The  time  and  place  of  presentment; 

2.  The  fact  that  presentment  was  made  and  the  manner  thereof; 

3.  The  cause  or  reason  for  protesting  the  bill; 

4.  The  demand  made  and  the  answer  given,  if  any,  or  the  fact  that 
t  he  drawee  or  acceptor  could  not  be  found. 

Sec.  161.     Protest  may  be  made  by: 

1.  A  notary  public;  or 

2.  By  any  respectable  resident  of  the  place  where  the  bill  is  dishon- 
ored, in  the  presence  of  two  or  more  credible  witnesses. 

Sec.  162.  When  a  bill  is  protested,  such  protest  must  be  made  on  the 
day  of  its  dishanor,  unless  delay  is  excused  as  herein  provided.  When  a 
bill  has  been  duly  noted,  the  protest  may  be  subsequently  extended  as  of 
the  date  of  the  noting. 

Sec.  163.  A  bill  must  be  protested  at  the  place  where  it  is  dishonored, 
except  that  when  a  bill  drawn  payable  at  the  place  of  business  or  resi- 
dence of  some  person  other  than  the  drawee,  has  been  dishonored  by  non- 
acceptance,  it  must  be  protested  for  non-payment  at  the  place  where  it 
is  expressed  to  be  payable,  and  no  further  presentment  for  payment  to,  or 
demand  on  the  drawee,  is  necessary. 

Sec.  164.  A  bill  which  has  been  protested  for  non-acceptance  may  be 
subsequently  protested  for  non-payment. 

Sec.  165.  Where  the  acceptor  has  been  adjudged  a  bankrupt  or  an 
insolvent  or  has  made  an  assignment  tor  the  benefit  of  creditors,  before 
the  bill  matures,  the  holder  may  cause  the  bill  to  be  protested  for  better 
security  against  the  drawer  and  indorsers. 

Sec.  166.  Protest  is  dispensed  with  by  any  circumstances  which  would 
dispense  with  notice  of  dishonor.  Delay  in  noting  or  protesting  is  excused 
when  delay  is  caused  by  circumstances  beyond  the  [control  of  the  holder 
and  not  imputable  to  his  default,  misconduct,  or  negligence.    When  the 


228  JOURNAL  OP  THE  HOUSE.  [Feb.  12^, 

cause  of  delay  ceases  to  operate,  the  bill  must  be  noted  or  protested  with 
reasonable  diligence. 

Sec.  167.  Where  a  bill  is  lost  or  destroyed  or  is  wrong>ly  detained  trouk 
the  person  entitled  to  hold  it,  protest  may  be  made  on  a  copy  or  written 
particulars  thereof. 

▲CCEPTANCB   FOR  HONOR. 

Sec.  168.  Where  a  bill  of  exchange  has  been  protested  for  dishonor  by 
non-acceptance  or  protested  for  better  security  and  is  not  overdue,  any 
person  not  being  a  party  already  liable  thereon,  may,  with  the  consent  of 
of  the  holder,  intervene  and  accept  the  bill  supra  protest  for  the  honor  of 
any  party  liable  thereon  or  for  the  honor  of  the  person  for  whose  account 
the  bill  is  drawn.  The  acceptance  for  honor  may  be  for  part  only  of  the 
snm  for  which  the  bill  is  drawn;  and  where  there  has  been  an  acceptance 
for  honor  for  one  party,  there  may  be  a  further  acceptance  by  a  different 
person  for  the  honor  of  another  party. 

Sec.  169.  An  acceptance  for  honor  supra  protest  must  be  in  writing  and 
indicate  that  it  is  an  acceptance  for  honor,  and  must  be  signed  by  the 
acceptor  for  honor. 

Sec.  170.  Where  an  acceptance  for  honor  does  not  expressly  state  for 
whose  honor  it  is  made,  it  is  deemed  to  be  an  acceptance  for  the  honor  of 
the  drawer. 

Sec.  171.  The  acceptor  for  honor  is  liable  to  the  holder  and  to  all 
parties  to  the  bill  subsequent  to  the  party  for  whose  honor  he  haa 
accepted. 

Sec.  172.  The  acceptor  for  honor  by  such  acceptance  engages  that  he 
will  on  due  presentment  pay  the  bill  according  to  the  terms  of  acceptance, 
provided  it  shall  not  have  been  paid  by  the  drawee,  and  provided  also  that 
it  shall  have  been  duly  presented  for  payment  and  protested  for  non- 
payment and  notice  of  dishonor  given  to  him. 

Sec.  173.    Where  a  bill  payable  after  sight  is  accepted  for  honor,  its- 
maturity  is  calculated  from  the  date  of  the  noting  for  non-acceptancd  and 
not  from  the  date  of  the  acceptance  for  honor. 

Sec.  174.  Where  a  dishonored  bill  has  been  accepted  for  honor  supra 
protest  or  contains  a  reference  in  case  of  need,  it  must  be  protested  for 
non-payment  before  it  is  presented  for  payment  to  the  acceptor  for  honor 
or  referee  in  case  of  need. 

Sec.  175.  Presentment  for  payment  to  the  acceptor  for  honor  must  be 
made  as  follows: 

1.  If  it  is  to  be  presented  in  the  place  where  the  protest  for  non-pay- 
ment was  made,  it  must  be  presented  not  later  than  the  day  following  its 
maturity; 

2.  If  it  is  to  be  presented  in  some  other  place  than  the  place  where  it 
was  protested,  then  it  must  be  forwarded  within  the  time  specified  in  sec- 
tion 104. 

Sec.  176      The  provisions  of  section  eighty-one  apply  where  there  is 

delay  in  making  presentment  to  the  acceptor  for  honor  or  referee  in  case 

of  need. 

Sec.  177.  When  the  bill  is  dishonored  by  the  acceptor  for  honor  it 
must  be  protested  for  non-payment  by  him. 


1897.]  JOURNAL  OP  THE  HOUSE.  229 

PAYMENT  FOB  HONOR. 

Sec.  178.  Where  a  bill  has  been  protested  for  noil-payment,  any  per- 
son may  intervene  and  pay  its  supra  protest  for  the  honor  of  any  person 
liable  thereon  or  for  the  honor  of  the  person  for  whose  acconnt  it  was 
drawn. 

Sec.  179.  The  payment  for  honor  supra  protest  in  order  to  operate  as 
such  and  not  as  a  mere  voluntary  payment  must  be  attested  by  a  notarial 
act  of  honor  which  may  be  appended  to  the  protest  or  form  an  extension 
to  it. 

Sec.  180.  The  notarial  act  of  honor  must  be  founded  on  a  declaration 
made  by  the  payer  for  honor  or  by  his  agent  in  that  behalf  declarin^^  his 
intention  to  pay  the  bill  for  honor  and  for  whose  honor  he  pays. 

Sec.  181.  Where  two  or  more  persons  offer  to  pay  a  bill  for  the  honor 
of  different  parties,  the  person  whose  payment  will  discharge  most  parties 
to  the  bill  is  to  be  given  the  preference. 

Sec.  182.  Where  a  bill  has  been  paid  for  honor  all  parties  subsequent  to 
the  party  for  whose  honor  it  is  paid  are  discharged,  but  the  payer  for  honor 
is  subrogated  for,  and  succeeds  to,  both  the  rights  and  duties  of  the 
holder  as  regards  the  party  for  whose  honor  he  pays  and  all  parties 
liable  to  the  latter. 

Sec.  183.  Where  the  holder  of  a  bill  refuses  to  receive  payment  supra 
protest,  he  loses  his  right  of  recourse  against  any  party  who  would  have 
been  discharged  by  such  payment. 

Sec.  184.  The  payer  for  honor  on  paying  to  the  holder  the  amount  of 
the  bill  and  the  notarial  expenses  incidental  to  its  dishonor,  is  entitled  to 
receive  both  the  bill  itself  and  the  protest. 

BIIiLS  IN  A  SBT. 

Sec.  185.  Where  a  bill  is  drawn  in  a  set,  each  part  of  the  set  being 
numbered  and  containing  a  reference  to  the  other  parts,  the  whole  of  the 
parts  constitute  one  bill. 

Sec.  186.  Where  two  or  more  parts  of  a  set  are  negotiated  to  different 
holders  in  due  course,  the  holder  whose  title  first  accrues  is  as  between 
«uch  holders  the  true  owner  of  the  bilL  But  nothing  in  this  section  affects 
the  rights  of  a  person  who  in  due  course  accepts  or  pays  the  part  first 
presented  to  him. 

Sec.  187.  Where  the  holder  of  a  set  endorses  two  or  more  parts  to  dif- 
ferent persons  he  is  liable  on  every  such  part,  and  every  endorser  subse- 
quent to  him  is  liable  on  the  part  he  has  himself  indorsed,  as  if  such  parts 
were  separate  bills. 

Sec.  188.  The  acceptance  may  be  written  on  any  part  and  it  must  be 
written  on  one  part  only.  If  the  drawee  accepts  more  than  one  part,  and 
such  accepted  parts  are  negotiated  to  different  holders  in  due  course,  he  is 
liable  on  every  such  part  as  if  it  were  a  separate  bill. 

Sec.  189.  When  the  acceptor  of  a  bill  drawn  in  a  set  pays  it  without 
requiring  the  part  bearing  his  acceptance  to  be  delivered  up  to  him,  and 
that  part  at  maturity  is  outstanding  in  the  hands  of  a  holder  in  due 
course,  he  is  liable  to  the  holder  thereon. 

Sec.  190.  Except  as  herein  otherwise  provi^^^  where  any  one  part  of  a 
bill  drawn  in  a  set  is  discharged  by  payment  o^*  otherwi*^  ^^e  whole  bill  is 
discharged. 


280  JOURNAL  OF  THE  HOUSE.  [Feb.  12, 

PB0MI8S0BY  NOTES  AND  CHECKS. 

Sec  191.  A  negotiable  promissory  note  within  the  meaning  of  this  act 
is  an  unconditional  promise  in  writing  made  by  one  person  to  another^ 
signed  by  the  maker,  engaging  to  pay  on  demand  or  at  a  fixed  or  deter- 
minable future  time,  a  sum  certain  in  money  to  order  or  to  bearer, 
Where  a  note  is  drawn  to  the  maker's  own  order,  it  is  not  complete  until 
indorsed  by  him. 

Sec.  192.  A  check  is  a  bill  of  exchange  drawn  on  a  bank  payable  on 
demand.  Except  as  herein  otherwise  provided,  the  provisions  of  this  act 
applicable  to  a  bill  of  exchange  payable  on  demand  apply  to  a  check. 

Sec  193.  A  check  must  be  presented  for  payment  within  a  reasonable 
time  after  its  issue  or  the  drawer  will  be  discharged  from  liability  thereon 
to  the  extent  of  the  loss  caused  by  the  delay. 

Sec.  194.  Where  a  check  is  certified  by  the  bank  on  which  it  is  drawn, 
the  certification  is  equivalent  to  an  acceptance. 

Sec.  195.  Where  the  holder  of  a  check  procures  it  to  be  accepted  or  certi- 
fied, the  drawer  and  all  indorsers  are  discharged  from  liability  thereon. 

Sec.  196.  A  check  of  itself  does  not  opera  to  as  an  assignment  of  any 
part  of  the  funds  to  the  credit  of  the  drawer  with  the  bank,  and  the  bank 
is  not  liable  to  the  holder,  unless  and  until  it  accepts  or  certifies  the  check. 

That  sections  two  (3),  three  (3),  four  (4),  five  (5),  six  (6),  twelve  (12),. 
thirteen  (13),  fourteen  (14),  and  fifteen  (15),  be  a  separate  chapter,  and  be 
numbered  sections  1,  2,  3,  4,  5,  6,  7,  and  8,  respectively. 

H.  O.  Weaveb, 

Cbainnaa. 

Ordered  passed  on  file. 

The  house  took  up  the  pending  bill,  House  file  No.  84,  a  bill 
for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
evidence. 

Committee  amendment  to  section  97,  chapter  1,  was  adopted. 

Committee  amendment  to  section  98,  chapter  1,  was  adopted. 

Committee  amendment  to  section  102,  chapter  1,  was  adopted. 

Committee  amendment  to  section  110,  chapter  1,  was  adopted. 

Mr.  Cornwall  moved  to  amend  section  111  by  inserting  after 
the  word  **exceptions"  the  following:  "and  motion  to  sup- 
press." 

Adopted. 

Mr.  Bell  moved  to  amend  by  adding  to  section  12:  ''But  in 
prosecutions  against  gaming,  betting,  lotteries,  dealing  in 
options,  and  keeping  a  gambling  house  or  rooms  for  the  illegal 
use  or  disposal  of  intoxicating  liquors,  no  witness  shall  b& 
excused  from  giving  testimony  upon  the  ground  that  his  testi- 
mony would  tend  to  render  him  criminally  liable,  or  expose  him 
to  public  ignominy,  but  any  matter  so  elicited  shall  not  be  used 
against  him,  and  said  witness  shall  not  be  prosecuted  for  any 


1807.]  JOURNAL  OP  THE  HOUSE.  281 

crimes  in  which  his  evidence  is  used  for  the  State  under  the 
provisions  of  this  sectioD." 

Messrs.  Smith  and  Hinman  demanded  the  yeas  and  nays  on 
this  question,  which  resulted  as  follows: 

On  the  question,  * 'Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Allen,  Bailey,  Bell,  Bird,  Brady,  Brant,  Brighton, 
Brinton,  Chapman,  Clark,  Classen,  Cook,  Crow,  Davis, 
Doubleday,  Evans,  Pinch,  Frink,  Punk,  Garner,  Good,  Gris- 
wold,  Grote,  Gurley,  Haugen,  Hauger,  Hendershot,  Hinman, 
Jay,  Johnson  of  Webster,  Klemme,  Ladd,  Lambert,  Lauder, 
Loomis,  McAchrau,  McDonald,  Martin,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  MuUin,  Nietert,  Nolan,  Parker,  Potter,  Prentis, 
Putnam,  Bay,  Beed,  Scott,  Smith,  Spaulding,  St.  John, 
Temple,  Thompson,  Van  Houten,  Watters,  Wells,  Whelan, 
Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 67. 

The  nays  were: 

Messrs.  Baker,  Bowen,  Byington,  Cornwall,  Dowell,  Frazee, 
Hayes,  Hazen,  Hinkbouse,  Hunt,  Huntley,  Jackson,  Johnston 
of  Pranklin,  Lowry,  McArthur,  McDowell,  McNulty,  Mana- 
han,  Marti,  Mayne,  Power,  Sullivan — 22. 

Absent  or  not  voting: 

Messrs.  Early,  Edwards,  Lavender,  McQuin,  Miller  of 
Cherokee,  Perrott,  Porter,  Tibbitts,  Voelker,  Weaver,  Wheeler 
—11. 

So  the  amendment  prevailed. 

Mr.  Finch  moved  to  amend  section  97  as  follows:  Strike 
out  of  lines  the  words  "the  answer  must"  and  insert  ''each 
answer  must  refer  to  the  interrogatory  answered  by  number 
and." 

Adopted. 

Mr.  Evans  moved  to  amend  as  follows:  Amend  section  8  by 
inserting  after  the  word  "surgeon,"  in  line  1,  the  following: 
"or  the  stenographer  or  confidential  clerk  of  any  such  person 
who  obtains  such  information  by  reason  of  his  employment." 

Adopted. 

Mr.  Cornwall  moved  that  the  rule  be  suspended,  and  that 
the  bill  be  considered  engrossed  and  read  a  third  time  now, 
which  motion  prevailed,  and  the  bill  was  read  a  third  time. 

Oathe  question,  "Shall  the  h\V  pass?"  the  yeas  were: 

Messrs.  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brinton^ 
Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall,  Crow, 


282  JOURNAL  OP  THE  HOUSE.  [Feb.  1?, 

Davis,  Early,  Edwards,  Evans,  Finch,  Prink,  Funk,  Good, 
Oriswold,  Grote,  Gurley,  Haugen,  Hauger,  Hendershot,  Hink- 
faouse,  Hinman,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of 
Webster,  Klemme,  Ladd,  Lambert,  Loomis,  McAchran,  McDon- 
ald, Martin,  Mayne,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert, 
Nolan,  Parker,  Potter,  Prentis,  Putnam,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  St.  John,  Thompson,  Van  Houten,  Watters, 
Wells,  Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker 
—70. 

The  nays  were: 

Messrs.  Allen,  Baker,  Dowell,  Frazee,  Hays,  Hazen,  John- 
ston of  Franklin,  Lauder,  Lowry,  McArthur,  McDowell, 
McNulty,  Manahan,  Marti,  Merriam,  Power,  Sullivan,  Temple, 
Tibbitts,  Weaver— 20. 

Absent  or  not  voting: 

Messrs.  Brighton,  Doubleday,  Garner,  Lavender,  McQuin, 
Miller  of  Cherokee,  Perrott,  Porter,  Voelker,  Wheeler — 10. 
G  So  the  bill  passed  and  the  title  was  agreed  to. 

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  joint  resolution  No.  3,  in  whioh  the  con- 
ourrence  of  the  House  is  asked: 

Providing  for  the  appointment  of  a  joint  committee  to  investigate  the 
reports  of  trustees,  regents,  commissioners,  or  other  officers  of  State  insti- 
tutions. 

JOINT  RESOLUTION  NO.  3. 

Providing  for  the  appointment  of  a  joint  committee  to  investigate  the 
reports  of  trustees,  regents,  commissioners,  or  other  officers  of  State  insti- 
tutions and  the  books  and  the  records  of  such  institutions,  for  the  payment 
of  the  expenses  of  such  investigation  and  defining  the  powers  of  such  com- 
mittee. 
Beit  Resolved  by  the  General  Assembly  of  the  State  of  Iowa: 

1.  That  a  joint  committee  consisting  of  three  members  of  the  Senate 
and  three  members  of  the  House  be  appointed  to  investigate  the  reports 
of  trustees,  regents  and  commissioners  and  other  officers  of  State  institu- 
tions, and  the  books  and  records  of  such  institutions  for  the  purpose  of 
ascertaining: 

First, — Whether  the  trustees  holding  the  positions  named  have  faith- 
fully accounted  for  all  moneys  of  the  State  which  have  come  into  their 
hands. 

Second. — Whether  they  have  drawn  money  for  services,  per  diem, 
mileage  or  expenses  not  authorized  by  law. 


!897.]  JOURNAL  OF  THE  HOUSE.  238 

Third. — To  inyestigate  the  manner  In  which  contracts  for  the  purchase 
of  supplies  have  been  let  and  to  ascertain  whether  or  not  the  institutions 
are  conducted  in  an  economical  manner. 

Fourth, — To  ascertain  whether  the  products  of  the  institutions  which 
are  owned  by  the  State  are  purchased,  used  or  consumed  by  the  other  State 
institutions,  and  if  not,  the  reason  for  discrimination  against  such  products. 

FiAh, — ^To  report  the  result  of  such  investigation  to  the  Twenty-sixth 
or  Twenty-seventh  General  Assembly  as  it  may  elect,  and  recommend, 
what,  if  any  change  should  be  adopted  in  the  management  of  such  insti- 
tutions. 

2.  That  such  conmiittee  shall  have  power  to  employ  a  stenographic 
clerk  at  a  salary  not  exceeding  three  dollars  per  day  and  actual  traveling 
expenses  and  if  deemed  necessary  to  employ  an  expert  accountant  at  a 
salary  not  exceeding  five  dollars  per  day,  and  actual  traveling  expenses, 
which  per  diem  and  expenses  shall  be  paid  out  of  any  money  in  the  treasury 
not  otherwise  appropriated,  on  vouchers  signed  by  the  chairman  of  the 
committee  and  filed  with  the  Auditor  of  the  State. 

3.  The  committee  shall  have  power  over  such  institutions,  subpoena 
and  examine  witnesses  and  enforce  their  attendance,  require  the  production 
of  books,  records,  papers  and  memoranda,  and  it  shall  have  power  to  punish 
as  a  contempt  by  fine  and  imprisonment,  or  either  of  them,  the  offense  of 
refusal  to  attend  or  be  sworn  or  examined  before  the  committee  when  duly 
summoned,  or  for  a  refusal  to  produce  books,  papers,  records,  or  memoranda 
when  ordered  so  to  do  by  the  committee.  Subpoenas  or  orders  shall  be 
signed  by  the  chairman  of  the  oommittee  and  served  by  any  peace  officer, 
who  shaJl  be  entitled  to  the  same  fees  as  serving  similar  papers  in  the 
district  court. 

4.  That  such  committee  may  hold  its  sessions  either  during  the  time 
of  the  present  session  of  the  legislature  or  after  the  adjournment  thereof. 

5.  The  members  of  such  committee  shall  receive  while  engaged  in  the 
performance  of  their  duties,  mileage  in  the  sum  of  five  cents  per  mile  each 
way,  and  the  other  actual  and  necessary  expenses  incurred,  to  be  paid  out 
of  any  moneys  in  the  treasury  not  otherwise  appropriated,  on  sworn  vouch- 
ors filed  with  the  Auditor  of  State. 

6.  That  the  period  to  be  covered  by  this  investigation  shall  be  from 
July  1st,  1893. 

Geo.  a.  Newman. 

Seeretaty. 

On  motion  of  Mr.  Bowen,  House  file  No.  43,  a  bill  for 
an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
the  State  board  of  health,  with  report  of  committee  recom- 
mending passage  with  amendments,  was  taken  up,  considered 
and  the  amendments  of  the  committee  adopted. 

Mr.  Gurley  was  called  to  the  chair. 

Mr,  Weaver  moved  that  House  file  No.  43  be  recommitted, 
and  that  it  retain  its  place  on  the  Calendar. 

Carried. 

Speaker  Byers  resumed  the  chair. 


234  JOURNAL  OF  THE  HOUSE.  [Feb.  12^ 

Calendar  No.  87,  being  House  file  No.  82,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  procedure 
in  particular  cases,  with  report  of  committee  recommending 
passage  with  amendments,  was  taken  up,  considered  and  the- 
amendments  of  the  committee  adopted. 

Mr.  Finch  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed. 

Mr.  Bay  was  called  to  the  chair. 

Speaker  Byers  resumed  the  chair. 

Joint  resolution  No.  3,  from  Senate,  relative  to  investiga- 
tion of  board  of  regents  and  other  State  officers  of  State  insti- 
tutions, was  taken  up  and  read  first  aod  second  time  and  refer- 
red to  Committee  on  Com  pensation  of  Public  Officers. 

Mr.  Speaker— Your  Fifth  DiviBion  of  Code  Reylslon  Committee,  Uy 
whom  was  referred  chapters  20,  28,  29,  30,  31,  32,  44,  45,  47,  48,  66,  73,  84, 
104, 100, 114  and  144,  being  chapters  of  the  acts  of  the  Twenty-sixth  General 
Assembly,  beg  leave  to  report  that  they  have  had  the  same  under  con- 
sideration, and  that  chapters  28,  29,  30,  31,  32,  109,  114  and  144,  at  the 
request  of  the  Committee  on  Ways  and  Means,  have  been  referred  to  said 
committee  for  consideration. 

That  chapters  44,  45,  47  and  48  are  likewise  referred  to  the  Committee^ 
on  Roads  and  Highways  for  their  consideration. 

That  chapter  73  of  the  said  acts  be  referred  to  Code  Revision  Commit^ 
tee.  No.  3,  for  their  consideration. 

Your  committee  would  further  report  that  the  remaining  chapters  have 
been  carefully  considered  by  the  committee  as  shown  by  the  reports  here- 
tofore made. 

H.  O.  Weaver, 

Cbairman. 

So  ordered. 

On  motion  of  Mr.  Putnam,  House  adjourned  till  9  a.  m.  to- 
morrow. 


1897.]  JOURNAL  OP  THE  HOUSE.  235 


Hall  of  the  House  of  Repbesbntativbs,    ) 
DBS  MoiKES,  Iowa,  Saturday,  February  13,  1897.  ) 

The  House  met  at  9  a.  m.,  with  Speaker  Byers  in  the  chair. 
The  session  was  opened  with  prayer  by  Rev.  H.  F.  Moore 
of  Webster  City,  Iowa. 

Messrs.  Clark  and  Grote  were  excused  until  Tuesday. 

Mr.  Potter  was  granted  indefinite  leave  of  absence  on 
account  of  sickness. 

Mr.  Voelker  was  excused  on  account  of  sickness. 

PETITIONS  AND  MEMORIALS. 

Mr.  Lauder  presented  petition  of  citizens  of  Union  county,, 
asking  for  a  2-cent  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Huntley  and  Lauder  presented  remonstrances  of 
citizens  of  their  respective  counties,  against  a  manufacturing 
bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Ray  presented  petition  of  citizens  of  Poweshiek  county^ 
asking  that  bankers  be  required  to  give  bonds  to  protect  depos- 
itors. 

Referred  to  Committee  on  Banks  and  Banking. 

Mr.  Scott  presented  remonstrance  of  citizens  of  Monroe 
county,  against  the  proposed  revenue  bill  as  regards  building 
and  loan  associations. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Power  presented  remonstrance  of  citizens  of  Lee  county^ 
against  proposed  change  in  assessment  laws. 
Referred  to  Committee  on  Ways  and  Means. 

Mr.  Merriam  presented  petition  ol  J.  W.  Rowe  and  eleven 
others  of  Delaware  county,  asking  for  a  2-cent  railroad  fare. 
Referred  to  Committee  on  Railroads  and  Commerce. 


236  JOURNAL  OP  THE  HOUSE.  [Feb.  13, 

Mr.  Speaker  presented  memorial  of  John  Colvin,  Speaker  of 
House  of  Representatives,  Pierre,  South  Dakota,  in  reference 
to  alien  ownership  of  lands,  etc. ,  in  the  United  States. 

Referred  to  Committee  on  Code  Revision,  First  Division. 

Mr.  Dowell  presented  petition  of  Wm.  F.  Nine  and  one 
thousand  and  seventy-four  others,  asking  the  passage  of  a 
manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Early  offered  the  following  resolution  and  moved  its 

adoption: 

ResoVoed  hy  the  House,  the  Senate  concurring,  That  a  joint  conyention 
be  held  in  the  Hall  of  th3  House  on  Tuesday,  February  16,  1897,  at  11:45 
A.  M.,  for  the  purpose  of  electing  a  trustee  of  the  Agricultural  College  to 
flU  the  vacancy  caused  by  the  resignation  of  A.  T.  Meservey. 

Adopted. 

REPORTS  OF  COMMITTEES. 

Mr.  Bowen,  from  the  Committee  on  Public  Health,  sub- 
mitted the  following  report: 

Mb.  Speaker — Your  Committee  on  Public  Health,  to  whom  was  referred 
House  file  No.  43,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes 
in  relation  to  the  State  Board  of  Health,  heg  leave  to  report  that  they  have 
had  the  same  under  consideration  and  have  instructed  me  to  report  the 
same  back  to  the  House  with  the  folio winf^  amendment: 

Amend  section  1,  line  4,  by  adding^  after  the  word  ''term"  the  foUow- 
ing:  ''But  no  one  of  the  seven  physicians  hereafter  appointed  shall  be  an 
officer  or  member  of  the  faculty  of  any  medical  school,  and  the  Governor 
shall  have  power  to  remove  any  member  of  said  board  for  good  cause 
shown." 

D.  H.  BowEK, 

Chairman. 

Ordered  passed  on  file. 

Mr.  Reed,  from  the  Committee  on  School  and  Text  Books, 
submitted  the  following  report: 

Mb.  Speaker — Your  Committee  on  School  and  Text  Books,  to  whom 
was  referred  House  file  No.  62,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statutes  in  relation  to  the  system  of  common  schools,  being  chapters 
14  and  15,  title  XIII,  heg  leave  to  report  that  they  have  had  the  same 
under  consideration  and  have  instructed  me  to  report  the  same  back  to 
the  House  with  the  recommendation  that  the  same  do  pass  with  the  fol- 
lowing^ amendments: 

Section  4,  line  6,  after  the  word  ^'townships"  insert  the  followinsf:  *' pro- 
vided ten  days'  notice  has  been  posted  in  each  district." 

Section  4,  line  11,  after  the  word  '^houses"  insert  ''provided  ten  days' 
notiee  has  been  posted  in  each  district." 

Section  6,  line  2,  insert  after  the  word  ''meeting"  the  foUowisf :  "and 
"the  amount  of  school  house  tax  to  be  voted." 


1897.]  JOURNAL  OP  THE  HOUSE.  287" 

Section  6,  line  5,  strike  out  the  following':  *'In  the  year  preceding  the 
expiration  of  the  term  of  office  of  the  director  for  that  district,  or  in  case 
of  a  vacancy  therein." 

Section  10,  line  5,  strike  out  *'the  term  of  three  years"  and  insert  *'one 
year;"  and  at  the  end  of  line  5  strike  out  *'or  for  the  remainder  of  the 
unexpired  term  and  until  his  successor  is  elected  and  qualified." 

Section  10,  line  32,  strike  out  *'and  securing  his  approval  in  writing  of 
the  plans  submitted." 

Section  19,  line  56,  strike  out  **but  such  suspension  shall  not  continue 
more  than  one  week  nor  be  ordered  more  than  once  during  the  same 
term." 

Section  19,  add  at  the  end  of  line  60  the  following:  **The  board  of^ 
directors  of  any  independent  school  district  is  also  empowered  to  establish 
within  said  district,  in  connection  with  the  common  schools,  a  kinder- 
garten or  kindergartens,  for  the  instruction  of  children,  to  be  paid  for  in 
the  same  manner  as  other  grades  and  departments.  All  teachers  in  kin- 
dergartens established  under  this  act  shall  hold  a  certificate  from  the 
county  superintendent  certifying  that  the  holder  thereof  has  been  exam- 
ined upon  kindergarten  principles  and  is  qualified  to  teach  kindergartens. " 

Section  59,  line  10,  insert  after  the  word  * 'elections"  the  folio  wins:: 
'* Provided  that  nothing  in  this  section  shall  be  constructed  to  prohibit 
women  from  voting  at  all  elections  at  which  they  are  entitled  to  vote." 

Chapter  15,  page  582,  section  5,  line  3,  strike  out  ^'system  and." 

Section  10,  chapter  15,  line  1,  strike  out  ^'whether"  and  at  the  end  of 
the  same  line  strike  out  the  words  **or  the  third  preceding  section." 

At  the  end  of  said  chapter  15  add  the  following: 

Section  18.  Whenever  a  petition  signed  by  oue-third  or  more  of  the- 
legal  voters,  to  be  determined  by  the  school  board  of  any  school  township, 
or  independent  district,  shall  be  filed  with  the  secretary  thirty  days  or 
more  before  the  annual  meeting  of  the  electors,  asking  that  the  question 
of  providing  free  text-books,  for  the  use  of  pupils  in  the  public  schools^ 
thereof,  be  submitted  to  the  voters  at  the  next  annual  meeting,  he  shall 
cause  notice  of  such  proposition  to  be  given  in  the  call  for  such  meeting. 
If  at  such  meeting,  a  majority  of  the  legal  voters  present  and  voting  by 
ballot  thereon,  shall  authorize  the  board  of  directors  of  such  school  town- 
ship, or  independent  district,  to  loan  text-books  to  pupils  free  of  charge, 
then  the  board  shall  procure  such  books  as  shall  be  needed,  in  the  manner 
provided  by  law  for  the  purchase  of  text-books,  and  loan  them  to  the  pupils. 

The  board  shall  hold  pupils  responsible  for  any  damage  to,  loss  of,  or 
failure  to  return  any  such  books,  and  shall  adopt  such  rules  and  regulations 
that  may  be  responsible  and  neccessary  for  the  keeping  and  preservation 
thereof.  Any  pupil  shall  be  allowed  to  purchase  any  text-book  used  in  the 
school  at  cost. 

No  pupil  already  supplied  with  text-books  shall  be  supplied  with  others 
without  charge  until  needed.     The  electors  may  at  any  election  called  as 
herein  provided,  direct  the  board  to  discontinue  the  loaning  of  text-books, 
to  pupils. 

Strike  out  all  the  marginal  and  reference  numbers. 

J.  F.  Rbbd, 
Chairman, 

Ordered  placed  on  file. 


288  JOURNAL  OF  THE  HOUSE.  [Feb.  13, 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  Divis- 
ion No.  1,  submitted  the  following  report: 

Mb.  Speakbb — Your  Committee  on  Ck)de  Beyision,  Division  No.  1,  to 
whom  was  referred  House  file  No.  19,  a  bill  for  an  act  to  revise,  amend  and 
-codify  the  statutes  in  relation  to  banks  and  banking,  heg  leave  to  report 
that  the  same  has  been  demanded  by  the  Committee  on  Banks  and  Bank- 
ing and  that  under  the  rules  of  the  House  it  has  referred  the  same  to  said 
49tanding  committee. 

M.  L.  Temple, 

Cludrnuui. 

So  ordered. 

Mr.  Lauder,  from  the  Committee  on  Railroads  and  Com- 
merce, submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  Railroads  and  Commerce,  to  whom 
was  referred  Senate  file  No.  20,  a  bill  for  an  act  to  revise,  amend  and  cod- 
ify the  statutes  in  relation  to  the  construction  and  operation  of  railways, 
being  ohapter  5,  title  10,  beg  leave  to  report  that  they  have  had  the  same 
under  consideration  and  have  instructed  me  to  report  the  same  back  to 
the  House  with  the  recommendation  that  the  same  do  pass. 

J.  W.  Laudeb, 

Cluurman. 

Ordered  passed  on  file. 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  First 
Division,  submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  Code  Revision,  First  Division,  to 
whom  was  referred  certain  acts  of  the  Twenty-sixth  General  Assembly, 
beg  leave  to  report  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recom- 
mendation that  the  same  be  re-referred  as  follows: 

Chapter  21  to  the  Committee  on  Insurance. 

Chapter  22  to  the  Committee  on  Insurance. 

Chapter  23  to  the  Committee  on  Insurance. 

Chapter  54  to  the  Committee  on  Judiciary. 

Chapter  55  to  the  Committee  on  Judiciary. 

Chapter  64  to  the  Committee  on  Judiciary. 

Chapter  74  to  the  Committee  on  Judiciary. 

Chapter  75  to  the  Committee  on  Judiciary. 

Chapter  108  to  the  Committee  on  Judiciary. 

Chapter  110  to  the  Committee  on  Judiciary. 

Chapter  111  to  the  Committee  on  Judiciary. 

Chapter  85  to  the  Committee  on  BuUding  and  Loan  Associations. 

Chapter  125  to  the  Committee  on  Bepresentative  Districts. 

M.  L.  Temple, 

C/iaimian. 

So  ordered. 

The  clerk  resumed  the  reading  of  House  file  No.  82,  which 
was  pending  on  yesterday. 


1897.]  JOURNAL  OF  THE  HOUSE.  289 

To  the  proposition  of  considering  read  those  sections  in 
which  there  is  no  change,  Mr.  Morrison  of  Grundy  objected  and 
insisted  that  the  bill  be  read  in  full,  and  the  clerk  completed 
the  reading. 

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

Messrs.  Allen,  Baker,  Bell,  Bowen,  Brady,  Brighton,  Brin- 
ton,  Byington,  Classen,  Cook,  Crow,  Davis,  Doubleday, 
Dowell,  Early,  Evans,  Pinch,  Griswold,  Gurley,  Haugen, 
EUbyes,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  Hunt- 
ley, Jackson,  Johnson  of  Webster,  Johnston  of  Franklin, 
Klemme,  Ladd,  Lambert,  Lavender,  Loomis,  Lowry,  McAchran, 
McDowell,  McNulty,  Martin,  Mayne,  Merriam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Prentis,  Put- 
nam, Bay,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  Temple, 
Thompson,  Watters,  Whelan,  Whlttier,  Williams,  Wilson,  Wood, 
Mr.  Speaker — 68. 

The  nays  were: 

Messrs.  Frazee,  McArthur,  Manahan,  Power,  Sullivan — 5. 

Absent  or  not  voting: 

Messrs.  Bailey,  Bird,  Brant,  Chapman,  Clark,  Cornwall, 
Edwards,  Prink,  Punk,  Garner,  Good,  Grote,  Hauger,  Jay, 
Lauder,  McDonald,  McQuin,  Marti,  Miller  of  Cherokee,  Por- 
ter, Potter,  Tibbitts,  Van  Houten,  Voelker,  Weaver,  Wells, 
Wheeler— 27. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  38,  being  House  file  No.  68,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  school 
fund,  with  report  of  committee  recommending  passage  with 
amendments,  was  taken  up,  considered,  and  the  amendments  of 
the  committee  adopted. 

Mr.  Nietert  was  called  to  the  chair. 

Speaker  Byers  resumed  the  chair. 

Mr.  Reed  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Baker,  Bell,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Byington,  Classen,  Cook,  Crow,  Davis,  Doubleday, 
Dowell,  Early,  Edwards,  Evans,  Pinch,  Frazee,  Griswold, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man, Hunt,  Huntley,  Jackson,  Johnson  of  Webster,  Johnston 


240  JOURNAL  OF  THE  HOUSE.  [Feb.  ia> 

of  Franklin,  Klemme,  Ladd,  Lambert,  Lauder,  Lavender,. 
Loomis,  Lowry,  McAchran,  McArthur,  McDowell,  McNulty^ 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of 
Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin^ 
Nietert,  Nolan,  Parker,  Perrott,  Power,  Prentis,  Putnam,  Ray, 
Beed,  Scott,  Smith,  Spaulding,  Sullivan,  Temple,  Thompson, 
Watters,  Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr. 
Speaker — 74. 

The  nays  were: 

None. 

Absent  or  not  voting : 
•    Messrs.   Bailey,  Bird,   Chapman,  Clark,  Cornwall,   Frink^ 
Funk,  Garner,  Good,  Grote,  Hayes,  Jay,  McDonald,  McQain, 
Manahan,  Marti,  Miller  of  Cherokee,  Porter,  Potter,  St  John^ 
Tibbitts,  Van  Houten,  Voelker,  Weaver,  Wells,  Wheeler— 26. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  36,  being  House  file  No.  48,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  State 
board  of  health,  with  report  of  committee  recommending  pass- 
age with  amendments,  was  taken  up,  considered,  and  the 
amendments  of  the  committee  adopted. 

Mr.  Bowen  moved  that  the  rule  be  suspended,  and  that 
the  bill  be  considered  engrossed  and  read  a  third  time  now^ 
which  motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Baker,  Bowen,  Brady,  Brant,  Brinton,  Bying- 
ton,  Classen,  Cook,  Davis,  Doubleday,  Early,  Edwards,  Finch, 
Frazee,  Griswold,  Gurley,  Haugen,  Hauger,  Hazen,  Hendershot^ 
Hinkhouse,  Hinman,  Huntley,  Jackson,  Johnson  of  Webster, 
Johnston  of  Franklin,  Lambert,  Lauder,  Loomis,  Lowry,. 
McAchran,  McDowell,  McNulty,  Martin,  Mayne,  Merriam,. 
Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Keokuk, 
Nietert,  Nolan,  Parker,  Power,  Prentis,  Putnam,  Beed,  Smith,. 
Sullivan,  Temple,  Thompson,  Van  Houten,  Watters,  Whelan, 
Whittier,  Williams,  Wilson,  Mr.  Speaker — 58. 

The  nays  were: 

Messrs.  Bell,  Crow,  Do  well,  Evans,  Hunt,  Klemme,  Ladd, 
Lavender,  McArthur,  Morrison  of  Grundy,  Mullin,  Perrott, 
Ray,  Scott,  Wood— 15. 

Absent  or  not  voting: 

Messrs.  Bailey,  Bird,  Brighton,  Chapman,  Clark,  Cornwall,. 
Frink,  Punk,   Garner,  Good,  Grote,  Hayes,  Jay,  McDonald,. 


1897.]  JOURNAL  OP  THE  HOUSE.  241 

McQuin,  Manahan,  Marti,  Miller  of  Cherokee,  Porter,  Potter, 
Spaulding,  St.  John,  Tibbitts,  Voelker,  Weaver,  Wells, 
Wheeler— 27. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Calendar  No.  40,  being  House  file  No.  45,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  practice 
of  pharmacy,  with  report  of  committee  recommending  passage 
with  amendments,  was  taken  up  and  considered. 

The  committee  amendment  to  section  1  was  adopted. 

The  committee  amendment  to  section  7,  line  17,  was  adopted. 

Mr.  Prentis  moved  to  amend  the  committee  amendment  to 
section  8  by  inserting  between  the  words  ''and"  and  ''shall'' 
the  words  "any  person;"  also,  after  the  word  "conviction," 
insert  the  word  "thereof." 

Adopted. 

The  committee  amendment  as  amended  was  adopted. 

Mr.  Morrison  of  Keokuk  moved  to  amend  section  2,  line  7, 
by  striking  out  the  word  "herein"  and  inserting  in  lieu  thereof 
the  words  '  'in  this  chapter. " 

Adopted. 

Mr.  Early  moved  to  amend  as  follows:  Amend  section  8 
by  adding  to  said  section  the  words  "the  provisions  of  this  sec- 
tion shall  not  apply  to  itinerant  venders  of  proprietary  medi- 
cines. " 

The  amendment  was  lost  by  a  vote  20  yeas  to  89  nays. 

Mr.  Smith  offered  the  following  amendment:  After  the 
word  "treasury,"  in  section  8,  line  7,  add  "Said  commissioners 
shall,  on  the  first  day  of  January  of  each  year,  make  a  verified 
and  itemized  statement  in  writing  to  the  Auditor  of  State  of 
all  receipts  and  ezi>enditures  of  money  coming  into  their  hands 
by  virtue  of  their  office." 

Adopted. 

Mr.  Gurley  moved  to  amend  as  follows:  Amend  section  8^ 
line  1,  by  striking  out  the  word  "itinerant" 

Lost. 

Mr.  Power  moved  to  amend  as  follows:  Amend  section  9| 
in  line  8, after  the  word  "chemical,"  by  inserting  the  following: 
"except  exclusive  manufacturers  of  proprietary  medicines." 

Lost. 

Mr.  Mc Arthur  moved  to  amend  as  follows:  Amend  section 
8,  by  inserting  in  line  1,  between  the  word  "vender"  and  "of," 

li 


242  JOURNAL  OF  THE  HOUSE.  [Feb.  18, 

the  words  '  'except  such  as  conflne  their  business  to  the  oounty 
of  their  residence." 

Lost. 

Mr.  Davis  moved  that  the  rale  be  suspended,  and  that  the  bill 
be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Alien,  Baker,  Bell,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Byington,  Classen,  Crow,  Davis,  Doubleday,  DoweU, 
Early,  Edwards,  Evans,  Finch,  Griswold,  Haugen,  Hauger, 
Hazen,  Hendershot,  Hinkhouse,  Hinman,  Jackson,  Johnson  of 
Webster,  Johnston  of  Franklin,  Elemme,  Ladd,  Lambert, 
Lauder,  Lavender,  Lowry,  McAchran,  McDowell,  McNulty, 
Manahan,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of 
Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nolan,  Parker,  Prentis,  Reed,  Scott,  Smith,  Spauldiug,  Sulli- 
van, Temple,  Thompson,  Van  Houten,  Watters,  Whelan,  Whit- 
tier,  Williams,  Wood,  Mr.  Speaker — 62. 

The  nays  were: 

Messrs.  Me  Arthur,  Martin,  Nietert,  Power,  Ray — 5. 

Absent  or  not  voting: 

Messrs.  Bailey,  Bird,  Chapman,  Clark,  Cook,  Cornwall, 
Frazee,  Frink,  Funk,  Gamer,  Good,  Grote,  Gurley,  Hayes, 
Hunt,  Huntley,  Jay,  Loomis,  McDonald,  McQuin,  Marti, 
St.  John,  Tibbitts,  Voelker,  Weaver,  Wells,  Wheeler,  Whit- 
tier,  Wilson— 29. 

So  the  bill  passed  and  the  title  was  agreed  to. 

On  motion  of  Mr.  Brant,  the  House  adjourned  until  10  o'clock 
Monday  morning 


1897.]  JOURNAL  OP  THE  HOUSE.  243 


Hall  of  the  House  of  Repbbsektativbs,     ) 
Deb  Moines,  Iowa,  Monday,  February  15,  1897.  f 

House  met  at  10  o'clock  a.  m.  ,  Speaker  Byers  in  the  chair. 
Prayer  by  Rev.  Mr.  Johnson  of  Boone,  Iowa. 

PETITIONS  AND    MEMORIALS. 

Messrs.  Parker  and  Good  presented  remonstrances  of  citizens 
of  their  respective  counties,  against  raising  assessments  for 
purposes  of  taxation. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Manahan  presented  petition  of  citizens  of  Plymouth 
county,  asking  a  change  in  the  statutes  so  as  to  give  threshers 
a  lien  on  grain  threshed. 

Referred  to  Committee  on  Agriculture. 

Messrs.  McDonald  and  Evans  presented  petitions  of  citizens 
of  Guthrie  and  Wayne  counties,  respectively,  asking  for  a 
2-cent  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Smith  presented  memorial  of  Greene  District  Lodge,  I. 
O.  G.  T. ,  against  the  passage  of  a  manufacturers'  bill. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

On  motion  of  Mr.  Wood,  House  file  No.  1,  a  bill  for  an  act 
making  a  special  appropriation  for  the  Institution  for  Feeble 
Minded  at  Glenwood,  Iowa,  with  report  of  committee  recom- 
mending a  substitute  and  that  substitute  do  pass,  was  taken  up 
and  considered. 

On  motion  of  Mr.  Wood,  House  file  No.  1  was  re-referred  to 
Committee  on  Appropriations. 

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  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked: 


244  JOURNAL  OP  THE  HOUSE.  [Feb.  15, 

Belatiye  to  a  joint  oonTention  for  the  purpose  of  electing  a  trustee  of 
the  Agricultural  College. 

Gbo.  a.  Newiiav, 

Secretary. 

On  motion  of  Mr.  Temple,  House  file  No.  87,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  the  dis- 
cipline and  government  of  jails  and  penitentiaries,  with  rei)ort 
of  committee  recommending  i)assage  with  amendments,  was 
taken  up,  considered  and  the  report  of  the  committee  adopted. 

Mr.  Temple  moved  to  amend  section  17  by  adding  thereto 
the  words  ''such  labor  shall  be  performed  in  accordance  with 
such  rules  and  regulations  as  may  be  made  by  resolution  of  the 
board  of  supervisors,  not  inconsistent  with  the  provisions 
of  tJiis  chapter,  and  such  labor  shall  not  be  leased. " 

Adopted. 

Mr.  Davis  moved  to  strike  out  of  line  5,  in  section  57,  chap- 
ter 2,  the  words  ''one  hundred"  and  insert  the  words  ' 'seventy • 
five." 

Adopted  by  a  vote  of  30  yeas  to  14  nays. 

Mr.  Temple  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Baker,  Bell,  Bowen,  Brady,  Byuigton,  Classen, 
Cook,  Crow,  Davis,  Doubleday,  Early,  Edwards,  Evans,  Frazee, 
Good,  Griswold,  Gurley,  Haugen,  Hanger,  Hazen,  Hendershot, 
Hinkhouse,  Hinman,  Huntley,  Jackson,  Johnson  of  Webster, 
Johnston  of  Franklin,  Klemme,  Lowry,  McAchran,  McDowell, 
McNulty,  Manahan,  Martin,  Mayne,  Merriam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Nolan,  Parker,  Perrott,  Porter,  Potter,  Prentis,  Putnam,  Bay, 
Beed,  Smith,  Spaulding,  Sullivan,  Temple,  Thompson,  Wat- 
ters.  Weaver,  Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr. 
Speaker— 63. 

The  nays  were: 

Messrs.  Dowell  and  Ladd — 2^ 

Absent  or  not  voting: 

Messrs.  Allen,  Bailey,  Bird,  Brant,  Brighton,  Brinton,  Chap- 
man, Clark,  ComwaU,  Finch,  Frink,  Funk,  Gamer,  Grote, 
Hayes,  Hunt,  Jay,  Lambert,  Lauder,  Lavender,  Loomis, 
McArthur,  McDonald,   McQuin,   Marti,  Miller  of   Cherokee, 


1897.]  JOURNAL  OF  THE  HOUSE.  245 

Morrison  of  Grundy,  Power,  Scott,  St.  John,  Tibbitts,  Van 
Houten,  Voelker,  Wells,  Wheeler — 85. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Senate  file  No.  49,  with  Senate  amendments  to  House  amend- 
ments to  the  bill,  was  taken  up  and  considered. 

Upon  the  motion  of  Mr.  Bay,  the  House  agreed  to  the  Senate 
.amendments  to  the  House  amendments  to  Senate  file  No.  49. 

On  motion  of  Mr.  Reed,  House  file  No.  62,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  the  sys- 
tem of  common  schools,  with  rei)ort  of  committee  recommend- 
ing passage  with  amendments,  was  taken  up  and  considered. 

The  committee  amendment  to  section  4,  line  6,  was  adopted. 

The  committee  amendment  to  section  4,  line  11,  was  adopted. 

The  committee  amendment  to  section  6,  line  2,  was  adopted. 

The  committee  amendment  to  section  6,  line  5,  was  adopted. 

The  committee  amendment  to  section  10,  line  5,  was  adopted. 

The  committee  amendment  to  section  19,  line  82,  was  adopted. 

The  committee  amendment  to  section  19,  line  66,  was  adopted. 

The  committee  amendment  to  section  19,  line  60,  was  adopted. 

The  committee  amendment  to  section  59, line  10,  was  adopted. 

The  committee  amendment  to  section  5,  line  8,  chapter  16, 
was  adopted. 

The  committee  amendment  to  section  10,  line  1,  chapter  16, 
was  adopted. 

The  committee  amendment  to  add  to  chapter  16,  as  section 
18,  was  adopted. 

The  following  motion  to  reconsider  was  filed: 

Mb.  Spkaksb — I  move  a  reconsideration  of  the  vote  by  which  amend- 
ment to  Senate  file  No.  49  was  concurred  in. 

W.  E.  Haugsb. 
I  second  the  motion. 

W.  B.  Mabtih. 

On  motion  of  Mr.  Reed,  House  adjourned  until  2  p.  m. 


AFTERNOON  SESSION. 


The  House  was  called  to  order  at  2  p.  m.  by  Speaker  Byers. 
Mr.  Allen  was  excused  until  Wednesday. 
Mr.  McAchran  moved  to  amend  House  file  No.  62,  the  pend- 
ing bill,  by  inserting  after  the   word  ' 'corporation"  in   line 


246  JOURNAL  OF  THE  HOUSE.  [Feb.  15^ 

10,  section  19»  the  words  ''but  no  school  building  shall  be  used 
for  the  sale  of  any  kind  of  merchandise. 
Adopted. 

Mr.  Edwards  moved  to  amend  section  19,  line  4,  by  striking 
out  the  words  < 'provide  for  the  fencing  of  school  house  sites.  "^ 
Lost 

Mr.  Cook  moved  to  amend  by  adding  to  section  52  the 
words  '  'at  the  annual  school  election  in  independent  districts 
of  1,000  population  or  more  there  shall  be  chosen  by  the  voters, 
by  ballot,  a  treasurer  who  shall  qualify  on  the  Tuesday  follow- 
ing the  third  Monday  in  September,  next,  and  shall  give  bond 
in  such  sum  as  the  board  of  directors  shall  require  and  shall 
serve  until  his  successor  is  elected  and  qualified." 

Adopted. 

Mr.  Spaulding  moved  to  amend  by  adding  to  section  25  the 
words,  "provided  the  parent  or  guardian  of  non-resident  pupils 
pays  local  taxes  in  such  school  township  or  independent  district,, 
such  pupils  may  attend  free  of  charge. 

Adopted. 

Mr.  Mullin  moved  to  amend  section  19  of  committee  report 
by  adding  after  the  word  ''district"  in  the  second  line  thereof 
the  following  words:  "upon  the  vote  of  a  majority  of  the  legal 
voters  thereof  at  any  annual  meeting." 

On  a  division  of  the  House  the  amendment  was  lost  by  a  vote 
of  26  yeas  to  35  nays. 

Mr.  Early  moved  a  reconsideration  of  the  vote  by  which  the 
amendment  as  offered  by  Mr.  Spaulding  was  adopted. 
Carried. 
The  amendment  was  then  put  and  lost. 

Mr.  Spaulding  offered  the  following  amendment:  Strike  out 
in  section  73,  line  1,  the  words  '*  school  officer"  and  insert  the 
word  "secretary." 

Lost. 

The  clerk  proceeded  to  read  the  bill  for  information  and 
amendments. 

Mr.  Wilson  was  called  to  the  chair. 

Speaker  Byers  resumed  the  chair. 

Mr.  Cook  moved  to  amend  as  follows:  Add  after  "mem- 
bers" in  line  4,  section  53,  the  words,  "when  not  otherwise  pro- 
vided for  in  this  chapter." 

Adopted. 


18»7.]  JOURNAL  OF  THE  HOUSE.  247: 

Mr.  Prentis  moved  to  amend  section  40,  lines  8  and  4,  by 
striking  out  **one  hundred"  and  inserting  **seventy-five"  in  lieu 
thereof. 

Adopted. 

There  being  no  further  amendments,  Mr.  Reed  moved  that 
the  rule  be  suspended,  and  that  the  bill  be  considered  engrossed 
and  read  a  third  time  now,  which  motion  prevailed  and  the  bill 
was  read  a  third  time. 

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

Messrs.  Baker,  Bell,  Bowen,  Brady,  Brant,  Byington,  iClas- 
sen.  Cook,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Frazee,  Funk,  Good,  Griswold,  Haugen,  Hauger, 
Hazen,  Hendershot,  Hinkhouse,  Hinman,  Huntley,  John- 
son of  Webster,  Johnston  of  Franklin,  Klemme,  Ladd,  Lauder, 
Lowry,  McAchran,  McDowell,  McNulty,  Martin,  Mayne,  Mer- 
riam.  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
Eeokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter,  Potter, 
Prentis,  Putnam,  Bay,  Reed,  Scott,  Smith,  Spaulding,  Sullivan, 
Temple,  Thompson,  Van  Houten,  Watters,  Weaver,  Wells, 
Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 68. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Bailey,  Bird,  Brighton,  Brinton,  Chapman, 
Clark,  Cornwall,  Finch,  Frink,  Gamer,  Grote,  Gurley,  Hayes, 
Hunt,  Jackson,  Jay,  Lambert,  Lavender,  Loomis,  McArthur, 
McDonald,  McQuin,  Manahan,  Marti,  Miller  of  Cherokee,  Mor- 
rison of  Grundy,  Power,  St.  John,  Tibbitts,  Voelker,  Wheeler 
—32. 

So  the  bill  passed  and  the  title  was  agreed  to. 

On  motion  of  Mr.  Klemme,  the  House  adjourned  until  9  a.  m. 
to-morrow. 


248  JOURNAL  OP  THE  HOUSE.  [Feb.  10, 


Hall  of  the  House  of  Hbpbksbktativeb,         ) 
DBS  MoiNBS,  Iowa,  Tuesday,  February  16,  1897.  f 

House  called  to  order  at  9  a.  m.  ,  Speaker  Byers  in  the  chair. 

Prayer  by  Rev.  Beckhart  of  Anita. 

Journal  of  yesterday  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Finch,  Hendershot,  Dowell,  Watters  and  Prentis 
presented  petitions  of  citizens  of  their  respective  counties, 
agamst  a  manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Dowell  presented  petition  of  citizens  of  Polk  county, 
asking  a  manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Dowell,  Davis  and  Brinton  presented  petitions  of 
citizens  of  their  respective  counties,  asking  a  2-cent  rate  on 
railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Calender  No.  42,  House  file  No.  85,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  crimes  and  punish- 
ments, with  rei)ort  of  committee  recommending  passage  with 
amendments,  was  taken  up  and  considered. 

Mr.  Bell  moved  to  amend  committee  amendment  to  section 
84,  line  2,  by  striking  out  the  word  <*five"  and  inserting  the 
word  **ten." 

Lost 

Committee  amendment  was  adopted. 

Committee  amendment  to  section  85,  line  2,  was  adopted. 

Committee  amendment  to  add  after  section  39,  was  adopted. 

The  committee  amendment  to  section  15,  chapter  8,  was 
adopted. 

The  committee  amendment  to  add  alter  section  17  as  section 
18,  was  adopted. 


1897.]  JOURNAL  OF  THE  HOUSE.  249 

The  committee  amendment  to  section  18,  line  5,  was  adopted. 

The  committee  amendment  to  section  19,  line  4,  was  adopted. 

The  committee  amendment  to  section  21,  line  6,  was  adopted. 

The  committee  amendment  to  section  22,  line  5,  was  adopted. 

The  committee  amendment  to  section  19,  chapter  4,  was 
•adopted. 

The  committee  amendment  to  change  section  numbers  and 
insert  committee  section  24,  was  adopted. 

Mr.  Doubleday  moved  to  strike  out  of  section  20,  chapter  4, 
line  2,  the  word  ''one,"  and  insert  in  lieu  thereof  the  word 
•* 'three." 

Lost. 

Committee  amendment  to  section  1,  chapter  5,  was  adopted. 

Mr.  Mayne  moved  to  amend  as  follows:  Insert  after  word 
"chattels,"  in  line  2,  section  1,  chapter  5,  the  words  '^including 
all  domesticated  or  restrained  animals." 

Adopted. 

Committee  amendment  to  insert  chapter  71,  acts  Twenty- 
sixth  General  Assembly,  as  sections  4,  5  and  6,  of  chapter  5, 
was  adopted. 

Mr.  Martin  in  the  chair. 

Committee  amendments  to  section  7,  chapter  5,  were  adopted. 

Mr.  Smith  moved  to  amend  section  4,  line  8,  chapter  7,  by 
inserting  after  the  word  "whether"  the  words  "or  in  any  man- 
ner threatens  or  intimidates." 

Adopted. 

Committee  amendment  to  section  20,  chapter  7,  was  adopted. 

Committee  amendment  to  section  28,  chapter  7,  was  adopted. 

Committee  amendment  to  section  27,  chapter  7,  was  adopted 
by  a  vote  of  36  yeas  to  15  nays. 

Mr.  Whelan  moved  to  amend  section  25,  chapter  7  by  insert- 
ing after  the  words  "criminal  charge"  in  line  8  the  words 
*  'with  or  without  a  warrant." 

Adopted. 

Speaker  Byers  in  the  chair. 

REPORTS  OP  COMMITTEES. 

Mr.  Davis,  from  the  Committee  on  Pharmacy,  submitted  the 
following  report: 

Mb.  Speakbb — Yonr  Committee  on  Pharmacy,  to  whom  was  referred 
House  file  No.  46,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes 
in  relation  to  the  practice  of  dentistry,  beg*  leave  to  report  that  they  have 
thad  the  same  under  consideration  and  have  instructed  me  to  report  the 


250  JOURNAL  OF  THE  HOUSE.  IPob.  16, 

8«m»  back  to  the  Uouse  with  the  reoommendation  that  the  same  do  pasa 
with  the  following'  amendments: 

Strike  out  the  words  **twenty-five"  in  the  fifteenth  line  of  section  1,  and 
insert  in  lien  thereof  the  word  ''ten;"  also,  by  inserting  in  the  seventeenth 
line,  after  the  word  "office,"  the  following:  ''Any  one  who  desires  to  con- 
tinue in  the  practice  of  dentistry  shall  on  or  before  May  15th  of  each  year, 
pay  to  the  board  of  examiners  the  sam  of  one  dollar,  for  which  he  shall 
receive  a  renewal  of  his  certificate,  unless  his  name  has  been  stricken 
from  the  register  for  violation  of  law.  Auy  person  who  shall  fail  or  neglect 
to  procure  his  annual  renewal  of  registration  shall  for  each  such  ojffense  be 
liable  to  a  fine  of  ten  dollars  for  each  calendar  month  during  which  he  ia 
delinquent;"  also,  by  striking  out  all  marginal  numbers  and  reference  num- 
bers  at  end  of  sections  and  marginal  lines. 

M.  J.  Davts, 

Ordered  passed  on  file. 

Mr.  Finch,  from  the  Committee  on  Code  Revision,  Third 
Division,  submitted  the  following  report: 

Mb.  Speaker— Your  Committee  on  Code  Revision,  Third  Division,  to 
whom  was  referred  certain  acts  of  the  Twenty-sixth  General  Assembly, 
beg  leave  to  report  that  they  have  had  the  same  under  consideration  and 
have  instructed  me  to  report  the  same  back  to  the  House  with  the  recom- 
mendation that  the  same  be  re-referred,  as  follows: 

1.  Chapters  1,  2,  3,  4,  5,  6,  7,  8,  9,  10,  11,  12,  13,  14,  15,  16,  17,  18,  19,  24, 
27,  51  and  63  to  the  Committee  on  Municipal  Corporations. 

2.  Chapters  25  and  60  to  the  Committee  on  Suppression  of  Intemper- 
ance. 

3.  Chapters  24  and  27  to  the  Committee  on  Ways  and  Means. 

4.  Chapter  91  to  the  Committee  on  Public  Health. 

5.  Chapters  52,  53  and  56  to  the  Committee  on  Insane. 

6.  Chapter  59  to  the  Committee  on  Pharmacy. 

7.  Chapters  65,  89  and  90  to  the  Committee  on  Judiciary. 

8.  Chapter  94  to  the  Committee  on  Mines  and  Mining. 

9.  Chapter  101  to  the  Committee  on  Agriculture. 

10.  Chapter  120  to  the  Committee  on  Fish  and  Game. 

11.  Chapter  57  to  the  Fourth  Division  of  Code  Committee. 

P.  FmcH, 
Chairman, 

Referred  to  the  Committee  on  Distribution  of  the  Acts  of  the 
Twenty-sixth  Greneral  Assembly. 

Mr.  Eu*ly  moved  that  a  committee  of  three  be  appointed  ta 
notify  the  Senate  that  the  House  is  in  readiness  for  the  joint 
session. 

Adopted. 

The  Speaker  appointed  as  such  committee  Messrs.  Eshrly». 
Martin  and  McDowell. 


1897.1  JOURNAL  OF  THE  HOUSE.  261 

The  Speaker  requested  those  members  on  the  west  side  of 
the  House  chamber  to  vacate  their  seats  for  the  use  of  the  hon^ 
orable  body  of  the  Senate. 

The  committee  appointed  to  notify  the  Senate  reported  that 
duty  performed  and  were  discharged. 

The  doorkeeper  announced  the  arrival  of  the  honorable 
body  of  the  Senate,  which  body  took  seats  in  the  west  side  of 
the  hall  vacated  for  their  use. 

JOINT  CONVENTION. 

The  joint  convention  was  called  to  order  by  Senator  Funk, 
President  pro  tern,  of  the  Senate,  who  stated  tiiat  the  object  of 
the  joint  convention  was  the  selection  of  a  trustee  for  the  Iowa 
Agricultural  College  at  Ames  to  fill  a  vacancy  in  the  Eleventh 
district. 

The  clerk  called  the  roll  to  ascertidn  if  there  be  a  quorum 
present. 

Those  present  were: 

Messrs.  Alexander,  Allyn  of  Ringgold,  Bailey,  Bell  of 
Jefferson,  Bell  of  Washington,  Berry,  Bird,  Blanchard,  Bonson, 
Bowen,  Brady,  Brant,  Brighton,  Brinton,  Byers  of  Lucas, 
Byers  of  Shelby,  Byington,  Carpenter,  Carroll,  Chapman, 
Clark,  Cook,  Craig,  Crow,  Davis,  Doubleday,  Dowell,  Downey, 
Druet,  Early,  Edwards,  Ellis,  Ellison,  Ericson,  Evans,  Everall,. 
Finch,  Punk  of  Dickinson,  Punk  of  Hardin,  Garst,  Gilbertson, 
Good,  Griswold,  Gurley,  Harriman,  Haugen,  Hauger,  Hazen,. 
Healy,  Hendershot,  Henderson,  Hinkhouse,  Hinman,  Hipwell, 
Hobart,  Hospers,  Hotchkiss,  Hunt,  Huntley,  Hurst,  Jackson,. 
Johnson  of  Webster,  Johnston  of  Pranklin,  Junkin,  Kiibum, 
Klemme,  Ladd,  Lambert,  Lauder,  Lothrop,  Lowry,  McAchran, 
Merriam,  McDonald,  McDowell,  McNulty,  Marti,  Martin,  Mayne, 
Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,, 
Morrison  of  Keokuk,  MuLin,  Nietert,  Nolan,  Palmer,  Parker,. 
Penrose,  Perrin,  Perrott,  Phelps,  Potter,  Power,  Prentis, 
Putnam,  Ray,  Reed,  Riggen,  Rowen,  Scott,  Spaulding,  Sulli- 
van, Temple,  Thompson,  Tibbitts,  Trewin,  Voelker,  Water- 
man, Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wilson,  Wood— 116. 

Those  absent  were: 

Messrs.  Allen  of  Van  Buren,  Baker,  Carney,  Cheshire,. 
Classen,  Cornwall,  Eaton,  Prazee,  Prink,  Gamer,  Gorrell,. 
Grote,  Harper,  Hayes,  Jay,  Lavender,  Lehfeldt,  Loomis, 
McArthur,  McQuin,  Manahan,  Miller  of  Cherokee,  Mitchell^ 


252  JOURNAL  OP  THE  HOUSE.  [Fob.  16, 

Porter,    Posey,    Kanck,    Sargent,    Smith,    St.  John,  Upton, 
Van  Houten,  Watters,  Young — 88. 

There  being  a  quorum  present,  Senator  Lothrop  placed  in 
nomination  the  name  of  W.  J.  Dixon  of  Sac  City  to  fill  said 
vacancy,  it  being  the  unexpired  term  of  the  Hon.  A.  F.  Mes- 
«rvey. 

The  President  of  the  Senate  appointed  as  teller  on  the  part 
of  the  Senate  Senator  Ellison  of  Jones. 

Speaker  Byers  appointed  as  teller  on  the  part  of  the  House 
Mr.  Thompson  of  Fayette. 

There  being  no  other  nominations  the  roll  was  then  called, 
which  resulted  as  follows: 

Those  voting  for  Mr.  Dixon  were: 

Messrs.  Alexander,  Allyn  of  Ringgold,  Bailey,  Bell  of  Jeffer- 
son, Bell  of  Washington,  Berry,  Blanchard,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byers  of  Lucus,  Byers  of  Shelby, 
Carpenter,  Carroll,  Chapman,  Clark,  Cook,  Craig,  Crow, 
Davis,  Doubleday,  Dowell,  Downey,  Druet,  Eeurly,  Edwards, 
Ellis,  Ellison,  Erickson,  Evans,  Finch,  Funk  of  Dickinson, 
Funk  of  Hardin,  Garst,  Gilbertson,  Good,  Griswold,  Gurley, 
Harriman,  Haugen,  Hauger,  Healy,  Hendershot,  Henderson, 
Hinkhouse,  Hinman,  Hobart,  Hospers,  Hotchkiss,  Huntley, 
Jackson,  Johnson  of  Webster,  Johnston  of  Franklin,  Junkin, 
Kilbum,  Klemme,  Ladd,  Lambert,  Lauder,  Lothrop,  McAchran, 
McDonald,  McNulty,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison 
of  Keokuk,  Mullin,  Nietert,  Nolan,  Palmer,  Parker,  Penrose, 
Perrin,  Perrott,  Phelps,  Potter,  Power,  Prentis,  Putnam, 
Bay,  Reed,  Biggen,  Bowen,  Sargent,  Scott,  Smith,  Spaulding, 
Temple,  Thompson,  Tibbitts,  Trewin,  Waterman,  Watters, 
Weaver,  Wells,  Whelan,  Whittier,  Williams,  Wilson,  Wood— 106. 

Those  absent  were: 

Messrs.  Allen  of  Van  Buren,  Baker,  Bird,  Bonson,  Byington, 
Carney,  Cheshire,  Classen,  Cornwall,  Early,  Everall,  Frazee, 
Frink,  Gamer,  Gonell,  Grote,  Harper,  Hayes,  Hazen,  Hipwell, 
Hunt,  Hurst,  Jay,  Lavender,  Lehfeldt,  Loomis,  Lowry, 
McArthur,  McDowell,  McQuin,  Manahan,  Marti,  Miller  of 
Cherokee,  Mitchell,  Porter,  Pusey,  Banck,  St.  John,  Sullivan, 
Upton,  Van  Houten,  Voelker,  Wheeler,  Young— 44. 

Mr.  Dixon  was  then  declared  duly  elected  and  the  following 
certificate  of  election  was  signed  in  the  presence  of  the  joint 
convention. 


1897.]  JOURNAL  OF  THE  HOUSE  25^ 

Hall  of  thb  Housv  of  Bepbe8snt>tiyb8,  ) 
Deb  Moines,  Iowa,  February  16,  1807.      f 

This  ia  to  certify  that  an  election  of  the  two  houses  of  the  Twenty- 
sixth  General  Assembly  of  the  State  of  Iowa,  in  joint  convention,  on  Tues- 
day, the  sixteenth  day  of  February,  A.  D.  1897,  for  the  purpose  of  electing^ 
a  trustee  of  the  Agricultural  College  at  Ames,  W.  J.  Dixon  having  received 
a  majority  of  all  the  votes  cast  for  said  office,  was  declared  duly  elected 
trustee  of  the  Agricultural  College  at  Ames,  Iowa,  for  the  unexpired  term 
of  A.  F.  Meservey,  resigned,  and  until  his  successor  is  elected  and  qualified. 
Signed  in  the  presence  of  the  joint  convention,  this  sixteenth  day  of 
February,  A.  D.  eighteen  hundred  and  ninety-seven. 

A.  B.  Funk, 
President  pro  tew,  of  the  Senate, 

H.  W.  Btebs, 

Speaker  of  the  House  ofRepreaentatires, 
Attest: 

F.  O.  Ellison, 

Teller  of  the  Senate. 
J.  A.  Thompson, 

Teller  of  the  House  of  Representatives, 

The  Journal  of  the  joint  convention  was  then  read  and 
approved. 

On  motion  of  Senator  Bliknchard,  the  joint  cdnvention  dis- 
solved. 

The  House  resumed  its  session. 

On  motion  of  Mr.  Hinman,  the  House  adjourned  till  9  a.  m. 
to-morrow. 


264  JOURNAL  OF  THE  HOUSE.  [Feb.  17, 


Hall  of  thb  Housb  of  BEPBvsEirTATiyES,     ) 
Ds8  Moines,  Iowa,  Wednesday,  February  17,  1897.  ) 

House  called  to  order  at  9  a.  m.,  Speaker  Byers  in  the  chair. 

Prayer  by  Rev.  Bruce  Brown  of  Osceola. 

Messrs.  Lavender  and  Potter  excused  indefinitely  on  account 
•of  sickness. 

Journal  of  yesterday  corrected  and  approved. 

PETITIONS  AND    MEMORIALS. 

Mr.  Perrott  presented  petition  of  citizens  of  Dallas  county, 
asklDg  for  a  2-cent  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Doubleday  presented  petition  of  citizens  of  Polk  county, 
asking  passage  of  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Nolan  and  Voelker  presented  petitions  of  Trades  and 
Labor  congress  of  Dubuque,  against  any  change  in  the  present 
law  relating  to  State  printing  and  binding. 

Referred  to  Committee  on  Printing. 

Mr.  Hendershot  presented  petition  of  citizens  of  Knoxville, 
Iowa,  against  passage  of  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Good  and  Hauger  presented  petitions  of  citizens  of 
their  respective  counties,  against  the  adoption  of  sections  22 
and  23  of  the  proposed  revenue  bill. 

Referred  to  Committee  on  Building  and  Loan. 

Mr.   Frink  presented  petition  of  citizens  of  Page  county, 
asking  passage  of  section  21  of  the  proposed  revenue  bill. 
Referred  to  Committee  on  Ways  and  Means. 

The  committee  appointed  to  draft  resolutions  on  the  death  of 
Hon.  John  McHugh,  who  died  at  his  home  in  Cresco,  Iowa 
January  80,  1897,  reported  as  follows: 


1897.]  JOURNAL  OP  THE  HOUSE.  266 

Mb.    Speakxbp— Your   committee   appointed   to  draft  reiolutioBs  of 
respect  for  Hon.  John  McHugh,  present  the  following: 

Whiseab,  An  allwise  Providence  in  His  infinite  wisdom  and  love,  has 
<»lled  unto  himself  the  Hon.  John  McHugh,  an  ez-member  of  this  bodj, 
and  late  national  bank  examiner,  and  an  eminent  citizen  of  our  State; 
therefore,  be  it 

Resolved,  That  this  body,  recognizing  the  eminent  and  valuable  services 
of  the  deceased  to  our  State,  and  realizing  that  he  contributed  in  a  great 
degree  in  assisting  to  place  our  State  in  the  high  rank  that  she  now 
occupies,  and 

Beaolvedt  That  in  the  death  of  Hon.  John  McHugh  we  are  called  upon 
to  mourn  the  loss  of  an  able,  efficient  and  conscientious  citizen;  one 
devoted  to  all  that  was  good  and  noble,  an  honored  and  revered  neighbor, 
husband  and  father.  In  remembrance  we  extol  and  revere  the  splendid 
qualities  of  his  generous  heart  and  mind,  the  noble  attributes  of  his  man- 
hood, and  shall  ever  cherish  the  fondest  recollections  of  his  noble  life. 

Re$olved,  That  this  body  extend  to  the  sorrowing  wife,  family  and 
friends  of  the  deceased  our  sincere  sympathy  and  respect. 

Reaolvedj  That  these  resolutions  be  printed  in  the  House  Journal  and 
an  engrossed  copy  of  the  same  be  mailed  to  the  widow  of  the  deceased. 

J.  J.  LOWRY, 
W.  B.  Mabtin, 
John  Fbazee, 

CommiUee, 

Unanimously  adopted  by  a  rising  vote. 

Mr.  Klemme  offered  the  following  resolution: 

Resolved^  That  this  House  hold  afternoon  sessions  on  Wednesday,  Thurs- 
day and  Friday  of  each  week,  beginning  at  2  o'clock  p.  m.,  and  until  other- 
wise ordered. 

Laid  over  under  rule  No.  84. 

The  clerk  resumed  the  reading  of  the  pending  bill,  House 
ffle  No.  85. 

The  committee  amendment  to  the  title  of  chapter  9  was 
adopted. 

The  committee  amendment  to  section  5,  chapter  9,  was 
adopted. 

The  committee  amendment  to  section  20,  chapter  9,  was 
adopted. 

The  committee  amendment  to  insert  as  section  27,  chapter  9, 
was  adopted. 

Mr.  Brighton  was  called  to  the  chair. 

The  committee  amendment  to  section  9,  chapter  10,  was 
adopted. 

The  committee  amendment  to  insert  section  4,  on  page  906, 
was  adopted. 


256  JOURNAL  OF  THE  HOUSE.  [Feb.  17» 

The  committee  amendment  to  insert  as  chapter  7,  section  96, 
acts  of  the  Twenty-sixth  General  Assembly,  was  adopted. 

Mr.  Smith  moved  to  amend  the  committee  amendment  to 
section  10,  chapter  11,  by  adding  the  word  ''quail"  in  the  list  of 
those  birds  to  be  prohibited  from  being  killed  until  1902. 

On  a  division,  the  amendment  to  amendment  was  adopted 
by  a  vote  of  38  to  16. 

Amendment  of  committee,  as  amended,  adopted. 

Mr.  Sullivan  moved  to  amend  as  follows:  Amend  chapter  11, 
section  10,  line  5,  by  striking  out  the  word  ''May"  and  insert  in 
lieu  thereof  the  word  "April." 

Lost. 

Committee  amendment  to  section  11,  chapter  11,  was  adopted. 

Speaker  Byers  in  the  chair. 

Mr.  Sullivan  moved  to  amend  as  follows:  Chapter  11,  sec- 
tion 10,  strike  out  of  line  2  the  words  "any  woodcock  between 
the  first  day  of  January  and  the  tenth  day  of  July,"  and  insert 
in  line  6  after  the  word  "pheasant"  the  word  "woodcock." 

Adopted. 

The  committee  amendment  to  section  15,  chapter  11,  was 
adopted. 

The  committee  amendment  to  section  20,  ^chapter  11,  was 
adopted. 

The  committee  amendment  to  section  21,  chapter  |11,  was 
adopted. 

The  committee  amendment  to  insert  as  sections  24,  25,  26, 27 
and  28,  being  certain  acts  of  the  Twenty-sixth  General  Assem- 
bly, was  adopted. 

The  committee  amendment  to  insert  after  section  83,  sections 
34  and  35  was  adopted. 

The  committee  amendment  to  section  30,  chapter  11,  was 
adopted. 

Mr.  Morrison  of  Keokuk  moved  to  amend  section  84  by 
inserting  in  line  2,  Itfter  the  word  "order,"  the  words  "and  a 
competent  engineer  to  operate  the  same." 

Adopted. 

Mr.  Tibbitts  moved  to  amend  section  20,  line  2,  page  909,  by 
inserting  after  the  words  "button-farcy  or"  the  following, 
"diseases  of  a  contagious  character  or." 

Adopted. 

Mr.  Finch  moved  to  amend  the  committee  amendment  which 
was  called  section  35,  chapter  11,  by  inserting  after  the  word 


1»7.]  JOURNAL  OP  THE  HOUSE.  267 

''premises,"  line  18,  the  words  "except  when  the  title  to  said 
land  is  in  the  United  S&ates  or  State  of  Iowa." 

Adopted. 

The  committee  amendment  to  section  6,  chapter  18,  was 
adopted. 

The  committee  amendment  to  section  9,  chapter  18,  was 
adopted. 

The  committee  amendment  to  section  9,  chapter  18,  was 
adopted. 

The  committee  amendment  to  section  10,  chapter  13,  was 
adopted. 

The  committee  amendment  to  section  11,  chapter  18,  was 
adopted. 

The  committee  amendment  to  section  81,  chapter  18,  was 
adopted. 

The  committee  amendment  to  section  32,  chapter  13,  was 
adopted. 

The  committee  amendment  to  section  3,  chapter  14,  was 
adopted. 

Mr.  Brighton  moved  to  amend  as  follows:  Amend  chapter 
8,  by  inserting  as  a  separate  section  after  section  17,  the  fol- 
lowing: "If  any  tramp  or  vagrant,  without  permission  enlier 
any  school  house  or  other  public  buildings  in  the  night  time  when 
same  is  not  occupied  by  another  or  others  having  proper  author- 
ity to  be  there,  or,  having  entered  the  same  in  the  daytime, 
remain  in  the  same  at  night  when  not  occupied  as  aforesaid,  or 
at  any  time  commit  any  nuisance,  use,  misuse,  destroy  or  par- 
tially destroy  any  private  or  public  property  therein,  he  shall 
be  imprisoned  in  the  penitentiary  not  more  th&n  three  years 
or  be  fined  not  exceeding  one  hundred  dollars  and  imprisoned 
in  the  county  jail  not  more  than  one  year." 

The  amendment  was  adopted  by  a  vote  of  88  yeas  to  80  nays. 

Mr.  Morrison  of  Keokuk  moved  to  strike  out  section  84  on 
page  900. 

Messrs.  Temple  and  Bell  demanded  the  yeas  and  nays,  which 
resulted  as  follows: 

On  the  question,  '*Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Biker,  Bird,  Brant,  Crow,  Grote,  Hendershot,  Hunt, 
Jackson,  Jay,  Lwuder,  Lowry,  McDonald,  McNulty,  Marti, 
Mayne,  Morrison  of  Keokuk,  Nietert,  Power,  Sullivan,  Tibbitts 
Voelker,  Wheeler,  Wnelan— 23. 

17 


258  JOURNAL  OF  THE  HOU8B.  fFeb.  17. 

The  nays  were: 

Messrs.  Bailey,  Bell.  Bowen,  Brighton,  Brmton,  Byington, 
Chapman,  Clark,  Cook,  Davis,  Doubleday,  Early,  Edwards, 
Evans,  Pinch,  Frazee,  Prink,  Punk,  Gamer,  Good,  Gurley' 
Hayes,  Hazen,  Hinkhouse,  Hinman,  Huntley,  Johnston  of 
Pranklin,  Ladd,  Lambert,  Loomis,  McAchran,  McDowell,  Mar- 
tin, Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison 
of  Grundy,  Mullin,  Nolan,  Parker,  Perrott,  Porter,  Prentis, 
Reed,  Scott,  Smith,  Spaulding,  Temple,  Van  Houten,  Watters, 
Weaver,  Wells,  Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker 
—57. 

Absent  or  not  voting: 

Messrs.  Allen,  Brady,  Classen,  Cornwall,  Dowell,  Griswold, 
Haugen,  Hauger,  Klemme,  Johnson  of  Webster,  Lavender, 
Mc Arthur,  McQuin,  Manahan,  Miller  of  Cherokee,  Potter, 
Putnam,  Ray,  St.  John,  Thompson — 20. 

So  the  amendment  was  lost. 

MESSAGE  FROM  THE  SENATE. 

The  foUowiog  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  oonourrence  of  the  Sen- 
ate was  asked: 

House  file  No.  89,  a  bill  for  an  act  to  amend  sections  17,  18  and  34,  chap- 
ter 62,  of  the  acts  of  the  Twenty-fifth  General  Assembly,  and  make  the 
same  applicable  to  cities  organized  or  operating  under  special  charters. 

Geo.  a.  Newman, 

Secretary. 
REPORT  OF  COMMITTEE  ON   ENROLLED  BILLS. 

Mr.  Hanger,  from  the  Committee  on  Enrolled  Bills,  submit- 
ted the  following  report: 

Mr.  Speaker— Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled,  House  file  No.  89,  a 
bill  for  an  act  to  amend  sections  17, 18  and  24,  of  chapter  62,  of  the  acts  of 
the  Twenty-fifth  General  Assembly,  and  to  make  the  same  applicable  to 
cities  organized  and  operating  under  special  charters. 

W.  E.  Hauger, 
,  ^,  CbairtDMn. 

Ordered  passed  on  file. 

REPORT  OF  JOINT  COMMITTEE  ON   ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Joint  Committee  on  Enrolled  Bills, 
submitted  the  following  report: 

Mr.  Spkakkr— Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file  No. 
^9,  a  bill  for  an  aot  to  amend   sections  17,  18  and  24,  of  chapter  62,  of  the 


1897.]  JOURNAL  OF  THE  HOUSE.  259 

acts  of  the  Twenty-fifth  General  Assembly,  and  to  make  the  same  appli- 
<»ble  to  cities  organized  and  operating  under  special  charters. 

G.  S.  GiLBEBTBOK, 

Chahrman  Senate  Committee, 

W.  E.  Haugeb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 

On  motion  of  Mr.  Martin,  the  House  adjourned  until  9  a.  m. 
to-  inorrow. 


260  JOURNAL  OF  THE  HOUSE.  [Feb.  18^ 


Hall  of  ths  House  of  Bbprbsezttatiybs,     ) 
DBS  MoiKES,  Iowa,  Thursday,  February  18,  1897.  ) 

The  House  met  at  9  a.  m.  ,  with  Speaker  By ers  in  the  chair. 
Prayer  was  offered  by  Rev.  P.  S.  Johnson  of  Valley  Junc- 
tion. 

The  Journal  of  yesterday  was  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

Mr.  Brady  presented  petition  of  citizens  of  O'Brien  county^ 
asking  the  passage  of  a  manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Lauder  presented  remonstrance  of  citizens  of  Creston^ 
against  the  proposed  revenue  law  in  reference  to  building  and 
loan  associations. 

Referred  to  Committee  on  Ways  and  Means. 

Messrs.  Huntley  and  Davis  presented  remonstrances  of  citi- 
zens of  their  respective  counties,  against  the  passage  of  a 
manufacturers'  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Clark  presented  memorial  of  citizens  of  Adams  county^ 
asking  for  lower  freight  rates  for  corn. 

Referred  to  Committee  on  Railroads  and  Commerce. 

The  House  here  took  up  i)ending  bill,  House  file  No.  85,  which 
the  Clerk  finished  reading  on  yesterday. 

Mr.  Finch  moved  to  amend  line  4,  section  39,  chapter  7,  after 
the  word  "account"  by  striking  out  the  word  **of"  and  insert 
the  word  "for." 

Adopted. 

Mr.  Martin  moved  to  amend  section  81,  chapter  2,  by  adding 
to  said  section  the  words  "no  i)erson  shall  be  convicted  under 
the  provisions  of  this  section  unless  the  evidence  of  the  prose- 
cuting witness  be  corroborated  by  other  evidence  tending  to 
connect  the  defendant  with  the  commission  of  the  crime." 

Adopted. 


1897.]  JOURNAL  OF  THE  HOUSE.  261 

Mr.  MuUiu  moved  to  amend  section  20,  chapter  4,  by  strik- 
ing out  all  of  said  section  after  the  word  ''imprisoned"  in  line 
8  and  inserting  in  lieu  thereof  the  words  ''in  the  penitentiary 
not  more  than  five  years  or  be  fined  not  exceeding  five  hundred 
dollars  or  imprisoned  in  the  county  jail  not  exceeding  one 
year." 

Adopted. 

Mr.  Wells  movea  to  reconsider  the  vote  whereby  the  amend- 
ment to  section  20,  chapter  11,  was  adopted  on  yesterday. 

Carried. 

Amendment  to  insert  words  "diseases  of  a  contagious  char- 
acter or"  after  word  "button-farcey"  was  then  put  and  lost. 

Mr.  Garner  moved  to  amend  section  87,  line  6,  chapter  18, 
by  striking  out  the  words  "to  regular  boarrlers  nor." 

Mr.  Brant  moved  to  amend  the  amendment  by  striking  out 
all  of  sections  86  and  37  of  chapter  18. 

Lost. 

The  amendment  of  Mr.  Gamer  was  then  lost. 

Mr.  Wilson  moved  to  amend  chapter  11,  section  88,  line  1,  by 
inserting  the  word  "one"  after  the  word  "having,"  and  by 
striking  out  the  word  "two;"  also,  remove  the  plural  "s"  after 
the  words  "rods"  and  "jacks." 

Lost. 

Mr.  Klemme  moved  to  amend  by  striking  out  of  lines  1  and 
2,  section  27,  chapter  7,  the  words,  "either  before  or,"  and  in 
the  same  section  also  strike  out  lines  4,  5  and  6  to  the  word 
^ 'after"  in  Ime  6. 

Lost. 

Mr.  Brant  moved  to  strike  out  of  section  27,  line  4,  chapter 
7,  the  words  "provided  that,"  and  insert  the  word  "but." 

Adopted. 

Mr.  Mayne  moved  to  amend  by  adding  to  section  27,  chapter 
7,  the  following:  "Provided,  that  in  case  of  any  person  break- 
ing jail  before  conviction  of  any  criminal  offense,  he  shall  be 
tried  upon  the  original  charge  first,  and  if  acquitted,  such 
acquittal  shall  be  a  bar  to  any  further  prosecution  under  this 
section." 

Lost. 

Mr.  Mayne  moved  to  amend  by  striking  cut  all  of  the  first 
line  after  the  first  word  "person,"  in  section  6,  chapter  12,  as 
recommended  by  the  committee,  and  insert  between  the  words 


262  JOURNAL  OP  THE  HOUSE.  [Feb.  18, 

''blasphemous"  and  ''obscene"  the  word  "or,"  and  insert 
between  the  words  "language"  and  "he"  the  words  "to  the 
disturbance  of  the  public  peace  and  quiet;"  also,  strike  out  of 
line  2  the  words  "or  offensive." 

Adopted. 

Mr.  Wilson  moved  to  amend  section  83,  chapter  11,  by  strik- 
ing out  all  after  the  word  "section." 

Adopted  by  a  vote  of  44  yeas  to  20  nays. 

Mr.  Johnson  of  Webster  moved  to  amend  section  80,  chapter 
18,  line  4,  by  inserting  after  the  word  "same"  the  words  "with 
knowledge  that  is  not  of  the  weight  represented." 

Mr.  Klemme  moved  to  amend  the  amendment  by  striking  out 
all  of  section  80,  chapter  18. 

Lost. 

The  amendment  of  Mr.  Johnson  was  then  lost. 

Mr.  Finch  moved  to  amend  section  1,  chapter  9,  by  striking 
out  all  of  said  section  after  the  word  "wife"  in  line  5. 

Adopted. 

Mr.  McNulty  moved  to  amend  by  striking  out  of  lines  2  and 
8,  section  17,  chapter  18,  the  word  "protest"  and  insert  the  word 
'  'manifest. " 

Adopted. 

Mr.  Brinton  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brighton, 
Brinton,  Byington,  Clark,  Classen,  Chapman,  Cook,  Crow, 
Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans,  Finch, 
Frazee,  Frink,  Funk,  Grood,  Griswold,  Grote,  Gurley,  Hanger, 
Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  Hunt- 
ley, Jackson,  Jay,  Johnston  of  Franklin,  Ladd,  Lambert, 
Lauder,  Loomis,  Lowry,  McAchran,  McArthur,  McDowell, 
Marti,  Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista, 
Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keo- 
kuk, Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter,  Pren- 
tis,  Putnam,  Bay,  Beed,  Scott,  Smith,  St.  John,  Sullivan,  Tem- 
ple, Thompson,  Voelker,  Watters,  Weaver,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wilson,  Mr.  Speaker — 81. 

The  nays  were: 

Messrs.    Baker,    Brant,    Johnson    of    Webster,    EQemme 
McDonald,  McNulty,  Power,  Tibbitts— 8. 


1897.]  JOURNAL  OF  THE  HOUSE.  268 

Absent  or  not  voting: 

Messrs.  Cornwall,  Garner,  Haugen,  Lavender,  McQuin, 
Manahan,  Miller  of  Cherokee,  Potter,  Spaulding,  Van  Houten^ 
Wood— 11. 

So  the  bill  passed  and  the  title  was  agreed  to. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Speaker — I  am  direted  to  inform  your  honorable  body  that  the 
Senate  has  amended  the  title  and  passed  the  following  bill,  in  which  the 
concurrence  of  the  iSenate  was  asked: 

House  file  No.  8,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  the  submission  of  constitutional  amendments. 

Geo.  a.  Newman, 

Secretary* 

Also: 

Mb.  Speaker— I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  bill,  in  which  the  concurrence  of  the  Senate 
was  asked: 

House  file  No.  39,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
stiLtutes  in  relation  to  the  inspection  of  passenger  boats. 

Geo.  a.  Newman, 

Secretaty. 

Also: 

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

Senate  file  No.  30,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  practice  of  dentistry. 

Geo.  a.  Newman, 

Secretary. 

The  House  took  up  House  file  No.  8,  with  Senate  amendments 
to  the  title. 

On  the  question,  ''Shall  the  House  concur  in  the  Senate 
amendments?"  the  yeas  were: 

Messrs.  Allen,  Bell,  Bird,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Crow, 
Doubleday,  Dowell,  Early,  Edwards,  Evans,  Finch,  Frazee, 
Frink,  Funk,  Gamer,  Good,  Griswold,  Grote,  Gurley,  Haugen, 
Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt, 
Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Frank- 
lin, Klemme,  Ladd,  Lauder,  Loomis,  Lowry,  McAchran,  McAr- 
thur,  McDonald,  McDowell,  McNulty,  Marti,  Martin,  Mayne, 
Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 


264  JOURNAL  OP  THE  HOUSE.  [Feb.  18, 

Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker, 
Perrott,  Porter,  Power,  Prentia,  Putnam,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  St.  John,  Sullivan,  Temple,  Thompson,  Tib- 
bitts,  Voelker,  Watters,  Weaver,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Mr.  Speaker— 88. 

The  nays  were: 
None. 

Absent  or  not  voting: 

Messrs.  Bailey,  Baker,  Cornwall,  Davis,  Lavender,  McQain, 
Manahan,  Miller  of  Cherokee,  Potter,  Van  Houten,  Wood — 11. 
So  the  House  concurred. 

SENATE  MESSAGES. 

House  file  No.  86,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  practice  of  dentistry,  was 
read  first  and  second  time  and  referred  to  Committee  on  Phar- 
macy. 

Mr.  Hanger  called  up  the  motion  to  reconsider  the  vote 
whereby  the  Senate  amendments  to  the  House  amendments  to 
Senate  file  No.  49  were  agreed  to. 

The  motion  prevailed. 

Mr.  Funk  moved  that  Senate  file  No.  49  be  recalled  from  the 
Senate. 

Carried. 

On  motion  of  Mr.  Wood,  substitute  for  House  file  No.  1,  a 
bill  for  an  act  making  special  appropriations  for  the  Institu- 
tion for  the  Feeble  Minded  at  Glenwood,  Iowa,  with  report  of 
committee  recommending  passage,  was  taken  up,  considered 
and  the  report  of  the  committee  adopted. 

Mr.  Wood  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant, 
Brinton»  Byington,  Chapman,  Clark,  Classen,  Crow,  Double- 
day,  DoweU,  Early,  Edwards,  Evans,Finch,Frazee,Frink,  Funk, 
Garner,  Good,  Griswold,  Gorley,  Haugen,  Hanger,  Hazen, 
Hendershot,  Hinkhouse,  Hunt,  Huntley,  Jackson,  Jay, 
Johnson  of  Webster,  Johnston  of  Franklin,  Klemme,  Ladd, 
Lambert,  Lauder,  Loomis,  Lowry,  McAchran,  McArthur, 
McDonald,  McDowell,  McNulty,  Marti,  Mayne,  Merriam,  Mil- 
ler  of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy, 


1897.]  JOURNAL  OP  THE  HOUSE.  266 

Morrison  of  Keokuk,  MuIUd,  Nietert,  Nolan,  Parker,  Perrott, 
Porter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts, 
Voelker,  Watters,  Weaver,  Wells,  Wheeler,  Whelau,  Whittier, 
Williams,  WUson,  Wood,  Mr.  Speaker— 85. 

The  Days  were: 

None. 

Absent  or  not  voting: 

Messrs.  Baker,  Brighton,  Cook,  Cornwall,  Davis,  Grote, 
Hayes,  Hinman,  Lavender,  McQuin,  Manahan,  Martin,  Miller 
of  Cherokee,  Potter,  Van  Houten — 15. 

So  the  bill  passed  and  the  title  was  agreed  to. 

The  Speaker  signed  in  the  presence  of  the  House  the  follow- 
ing bills  on  the  dates  named:  February  9th,  House  file  No.  49; 
February  17th,  House  file  No.  89;  February  8th,  Senate  file  No. 
66,  Senate  file  No.  58;  February  18th,  Senate  file  No.  43. 

Calendar  No.  41,  House  file  No.  66,  a  bill  for  an  act  to  revise, 
amend  and  codify  the  statutes  in  relation  to  the  rights  of 
property,  with  report  of  committee  recommending  passage 
with  amendments,  was  taken  up  and  considered. 

Mr.  Fank  was  called  to  the  chair. 

The  committee  amendment  to  chapter  1,  sections  1  and  2,  was 
adopted. 

The  recommendation  of  committee  changing  section  numbers 
was  adopted. 

The  committee  amendment  to  section  2,  chapter  2,  was 
adopted. 

The  committee  amendment  to  section  6,  chapter  2,  was 
adopted. 

Mr.  Weaver  moved  to  amend  title  to  chapter  3,  by  striking 
out  the  words  **for  religious  purposes." 

Carried. 

The  committee  amendment  to  chapter  4,  section  2,  was 
adopted. 

Speaker  Byers  resumed  the  chair. 

On  motion  of  Mr.  Funk,  the  House  adjourned  until  2  p.  m. 


AFTERNOON  SESSION. 


The  House  was  called  to  order  by  Speaker  Byers,  at  2  p.  m. 
The  Clerk  resumed  the  reading  of  House  file  No.  66. 


266  JOURNAL  OF  THE  HOUSE.  [Feb.  18, 

The  committee  amendment  to  section  8,  chapter  8,  was 
adopted. 

Mr.  Doubleday  moved  to  amend  the  committee  amendment 
to  section  5,  chapter  9,  lines  5  and  6,  as  follows:  Add  to 
section  5,  page  615,  of  Black  Code,  the  words:  ''And  when 
such  lease  is  entered  in  the  book  kept  in  the  recorder's 
office  as  above  provided  for,  the  county  recorder  is  hereby 
required  to  write  or  stamp  on  the  back  of  each  article  indexed 
as  above,  a  notice  of  such  indexing  with  the  date  of  filing, 
which  notice  shall  be  prima  foune  evidence  that  the  article  or 
lease  has  been  properly  indexed." 

Lost. 

The  amendment  of  the  committee  was  then  adopted. 

Mr.  Doubleday  moved  to  amend  as  foUows:  Amend  line  7^ 
section  3,  on  page  598,  by  substituting  * 'twenty"  for  "ten." 

Lost. 

Mr.  Parker  moved  to  amend  as  foUows:  Amend  page  615, 
chapter  9,  section  5,  by  striking  out  all  of  line  2  and  all  up  to 
and  including  the  word  "execution"  in  the  third  line. 

Lost. 

Mr.  Johnston  of  Franklin  moved  to  amend  by  adding  after 
the  last  word  "instrument"  in  the  committee  amendment  to 
section  2,  chapter  4,  page  602,  the  following  words:  "but 
incumbrances  on  the  property  sold,  given  to  secure  the  pur- 
chase price,  need  only  be  signed  and  acknowledged  by  the 
purchaser  if  taken  at  the  time  of  purchase." 

Adopted. 

Mr.  Klemme  moved  to  amend  section  5,  page  615,  by  insert- 
ing before  the  word  "tenant"  in  line  2  the  word  "farm;"  also, 
before  the  word  "which"  in  same  line,  insert  as  follows:  "all 
farm  implements  that  he  is  the  owner  of  at  the  date  of  the  lease. " 

Mr.  Temple  moved  to  amend  amendment  by  striking  out  sec- 
tions 5  and  6  of  chapter  9. 

Lost. 

Amendment  of  Mr.  Klemme  lost. 

Mr.  McNulty  moved  to  amend  chapter  9,  section  4,  line  10, 
page  615,  by  inserting  after  the  word  "notice"  the  following: 
"and  in  commercial  leases  where  the  tenant  becomes  insolvent, 
mortgage  foreclosed  or  a  receiver  appointed,  the  lease  of  the 
premises  shall  expire  not  more  than  one  year  after  suc£  insol- 
vency." 

Lost. 


1897.]  JOURNAL  OF  THE  HOUSE.  287 

Mr.  Finch  moved  to  amend  the  committee  amendment  to 
section  2,  chapter  4,  by  inserting  after  the  word  '  'validity"  the 
words  ''as  to  such  exempt  property  only." 

Adopted. 

Mr.  Early  moved  to  amend  section  4,  chapter  9,  by  adding 
to  said  section,  '  'But  any  lease  may  be  terminated  by  the  tenant 
I)aying  a  full  year's  rent  in  addition  to  the  time  of  his  occu- 
pancy of'  the  premises. " 

Lost. 

Mr.  Finch  moved  to  amend  section  21,  line  8,  chapter  6,  by 
inserting  after  the  word  "district"  the  words  "and  that  said 
conveyance  and  the  acknowledgment  thereof  are  in  due  form 
of  law;"  also,  to  section  22,  line  12,  after  the  word  "district"^ 
insert  as  above. 

Adopted. 

Mr.  Weaver  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brinton,  Byington,  Chapman,  Clark,  Classen,  iCook, 
Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Finch,  Frazee,  Frink,  Funk,  Good,  Griswold,Grote,  Gurley,  Hau- 
gen,  Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Elnman, 
Hunt,  Huntley,  Jackson,  Jay,  Johnson  of  Webster,  Johnston  of 
Franklin,  EQemme,  Lambert,  Lauder,  Loomis,  Lowry,  McAch- 
ran,  Mc Arthur,  McDonald,  McDowell,  McNulty,  Marti,  Martin, 
Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Mor- 
rison of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan, 
Parker,  Perrott,  Porter,  Power,  Prentis,  Putnam,  Ray,  Reed, 
Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Temple,  Thomp- 
son, Tibbitts,  Voelker,  Watters,  Weaver,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 90. 

The  nays  were: 

Messrs.  Brighton  and  Ladd— 2. 

Absent  or  not  voting: 

Messrs.  Cornwall,  Gamer,  Lavender,  McQuin,  Manahan,. 
Miller  of  Cherokee,  Potter,  Van  Houten — 8. 

So  the  bill  passed  and  the  title  was  agreed  to. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 


268  JOURNAL  OF  THE  HOUSE.  [Feb.  18, 

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

Senate  file  No.  10,  a  bill  for  an  act  to  reTlse,  amend  and  codify  the  stat- 
utes in  relation  to  elections  and  officers. 

Gbo.  a.  Nbwman, 

Secretary. 

Also: 

Mb.  Speakbb— I  am  directed  to  inform  your  honorable  body  that  the 
"Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

House  file  No.  41,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  the  State  veterinary  surgeon. 

Geo.  a.  Newman, 

Secretary. 

Calendar  No.  46,  being  Senate  file  No.  20,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  the  con- 
struction and  operation  of  railways,  with  report  of  committee 
recommending  passage,  was  taken  up,  considered  and  the 
report  of  the  committee  adopted. 

Mr.  Smith  was  called  to  the  chair. 

On  motion  of  Mr.  Bay,  the  House  adjourned  until  9  a.  m. 
to- morrow. 


1897.]  JOURNAL  OF  THE  HOUSE.  26ft 


Hall  of  thb  Houbb  of  Rspbesentatiyss,     > 
Deb  Moikeb,  Iowa,  Friday,  February  19,  1897.  \ 

House  met  at  9  a.  m.  ,  Mr.  Dowell  in  the  chair. 
Prayer  by  Rev.  Greo.  H.  Kennedy  of  Spencer,  Iowa. 
The  Journal  of  yesterday  was  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

Mr.  Merriam  presented  petition  of  O.  Staehle  and  sixty-one 
others  of  Delaware  county,  asking  for  a  law  whereby  the  rail- 
roads of  Iowa  shall  issue  a  thousand-mile  mileage  book  at  the 
rate  of  2  cents  per  mile. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Baker  presented  petition  of  citizens  of  Scott  county, 
asking  for  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Messrs.  Ray  and  Johnson  of  Webster  presented  remon- 
strances of  citizens  of  their  respective  counties,  against  the 
proposed  revenue  bill  as  affecting  building  and  loan  associa- 
tions. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Johnson  of  Webster  presented  petition  of  citizens  of 
Webster  county,  askmg  a  2- cent  rate  on  railroads. 
Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  Oarner  presented  petition  of  citizens  of  Mahaska  county,, 
asking  a  law  creating  a  State  board  of  examiners. 
Referred  to  Committee  on  Ways  and  Means. 

REPORTS  OP  COMMITTEES. 

Mr.  Merriam,  from  the  Committee  on  Compensation  of  Pub- 
lic Officers,  submitted  the  following  report: 

Mb.  Speakeb — Your  Committee  on  Compensation  of  Pablio  Officers,, 
to  whom  was  referred  joint  resolution  No.  3,  providing  for  appointment 


270  JOURNAL  OF  THE  HOUSE.  [Feb.  19, 

of  a  joint  committee  to  investigtite  the  reports  of  trustees,  regents,  com- 
missioners and  other  officers  of  State  institutions,  etc,  beg  leave  to  report 
that  they  have  had  the  same  under  consideration  and  have  instructed  me 
to  report  the  same  back  to  the  House  with  the  recommendation  that  the 
accompanying  substitute  do  pass. 

JOINT  RESOLUTION 

Providing  for  the  appointment  of  a  joint  committee  to  investigate  the 
reports  of  trustees,  regents,  commissioners  or  other  officers  of  State 
institutions,  and  all  State  officers,  and  the  books  and  records  of  such 
institutions  or  offices,  for  the  payment  of  expenses  of  such  investigation, 
and  defining  the  powers  of  the  committee. 

Be  U  re8oJmed  by  Vie  Oeneral  Assembly  of  the  State  of  Iowa: 

First — That  a  joint  committee  consisting  of  one  member  of  the  Senate 
and  two  members  of  the  House,  be  appointed  by  the  President  of  the 
Senate  and  the  Speaker  of  the  House,  to  investigate  thoroughly  the  reports 
of  trustees,  regents,  commissioners  and  all  other  officers  of  State  institu- 
tions, and  the  books  and  records  of  such  institutions  and  offices,  and  the 
conduct  and  management  of  their  affairs,  and  the  records,  reports  and 
doings  of  all  State  officials,  for  the  purpose  of  ascertaininpr: 

JPirst. — Whether  the  persons  holding  the  positions  named  have  faithfully 
accounted  for  all  moneys  of  the  State  which  have  been  drawn  from  the 
State  Treasurer  or  have  come  into  their  hands  otherwise,  and  to  ascertain 
if  all  appropriations  made  for  State  officers,  or  to  be  expended  by  them, 
and  for  State  institutions,  have  been  drawn  from  the  State  treasury  in 
accordance  with  law,  and  so  expended. 

Second, — Whether  such  persons  have  drawn  money  for  services,  per  diem, 
mileage  or  expenses,  or  otherwise,  not  authorized  by  law,  or  have  author- 
ized expenditures  without  authority  of  law. 

TTiird. — To  investigate  the  manner  in  which  all  contracts  including  those 
for  the  purchase  of  supplies  have  been  let  and  to  ascertain  whether  or  not 
the  matters  in  charge  of  such  officials  are  conducted  in  an  economical  and 
business-like  manner. 

Fourth, — To  ascertain  whether  the  products  of  the  institutions  which 
are  owned  by  the  State,  are  purchased,  used  or  consumed  by  the  other 
State  institutions,  and  if  not,  the  reason  for  such  discrimination  against 
such  products. 

Fifth. — To  report  the  result  of  such  investigation  to  the  Twenty-sixth 
or  Twenty-seventh  General  Assembly,  when  such  investigation  shall  have 
been  completed,  and  recommended  if  any  change  should  be  adopted  in  the 
management  of  such  institutions  or  offices. 

Sixth. — ^No  senator  or  member  of  the  House  shall  be  eligible  to  appoint- 
ment as  a  member  of  said  committee  who  resides,  in  case  of  a  senator  in 
the  senatorial  district,  or  in  case  of  a  representative  in  the  representative 
district,  in  which  any  State  institution  or  office  which  is  the  subject  of  this 
investigation  is  located. 

SewftvOu — That  such  committee  shall  have  power  to  employ  a  stenogra- 
phic clerk  at  a  salary  not  exceeding  Z2  per  day  and  actual  traveling 
expenses,  and  if  deemed  necessary,  to  employ  an  expert  accountant  at  a 
salary  not  exceeding  95  per  day  and  actual  traveling  expenses,  which  per 
diem  and  expenses  shall  be  paid  out  of  any  money  in  the  treasury  not 


1897.]  JOURNAL  OP  THE  HOUSE.  271 

otherwise  appropriated  on  vouchers  signed  by  the  chairman  of  the  com- 
mittee and  filed  with  the  auditor  of  State. 

Eightfi, — The  committee  shall  have  the  power  to  visit  such  State  institu- 
tions* and  offices,  subpoena  and  examine  witnesses  and  enforce  their  attend- 
ance, require  the  production  of  books,  records,  papers  and  memoranda  and 
it  shall  have  the  power  to  punish  as  a  contempt  by  fine  or  imprisonment, 
or  either  of  them,  the  offense  or  refusal  to  attend  or  be  sworn  or  examined 
before  the  committee  when  duly  summoned,  or  for  a  refusal  to  produce 
books,  papers,  records  or  memoranda  when  ordered  to  do  so  by  the  com- 
mittee. Subpoenas  or  orders  shall  be  signed  by  the  chairman  of  the  com- 
mittee and  served  by  any  peace  officer,  who  shall  be  entitled  to  the  same 
fees  for  serving  the  same  as  for  serving  similar  papers  in  the  district  court. 

Ninth, — That  such  committee  may  hold  its  sessions  either  during  the 
time  of  the  present  session  of  the  legislature  or  after  the  adjournment 
thereof. 

Tenth, — The  members  of  such  committee  shall  receive,  while  engaged  in 
the  performance  of  their  duties,  mileage  in  the  sam  of  5  cents  per  mile  each 
way,  a  per  diem  of  $5  for  each  day  actually  employed  in  such  investigation  at 
such  time  as  the  General  Assembly  is  not  in  session,  and  the  other  actual 
and  necessary  expenses  incurred,  to  be  paid  out  of  any  moneys  in  the 
treasury  not  otherwise  appropriated,  on  vouchers  filed  with  the  Auditor  of 
State. 

Eleventh, — That  the  period  covered  by  this  investigation  shall  be  from 
July  1,  1893,  to  January  1,  1897. 

Frank  F.  Mebbiam, 

Cbairman, 

The  substitute  was  read  first  and  second  time  and  passed  on 
file. 

Mr.  Classen,  from  the  Committee  on  Couaty  and  Township 
Organization,  submitted  the  following  report: 

Mb.  Spbakeb — Your  Committee  on  County  and  Township  Organization, 
to  whom  was  referred  Senate  file  No.  3,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  county  and  township  government, 
beg  leave  to  report  that  they  have  had  the  same  under  consideration  and 
have  instructed  me  to  report  the  same  back  to  the  House  with  the  recom- 
mendation that  the  same  do  pass  when  amended  as  follows: 

Amend  page  93,  chapter  2,  section  15,  line  7,  by  inserting  the  word 
* 'substructure"  between  the  words  "including"  and  "superstructure." 

Also  amend  page  97,  section  33,  of  same  chapter  by  inserting  the  follow- 
ing as  subdivision  3:  "A  book  to  be  known  as  the  bridge  book,  where  a 
record  of  bridges  shall  be  kept  in  a  numerical  order  in  each  congressional 
township,  commencing  in  section  1  and  numbering  each  bridge;  give  loca- 
tion in  fractional  parts  of  sections;  name  the  kind  of  material  used  for 
substructure  and  superstructure;  give  length  and  cost  of  bridge  and  when 
repaired  to  keep  a  record  of  repairs  and  charge  it  to  the  bridge,  and  war- 
rants drawn  in  payment  for  erection  or  repairs  of  bridges  shall  indicate 
number  of  the  bridge  for  which  it  is  issued  in  payment." 

Also,  on  same  page  and  section,  that  subdivision  3  be  numbered  subdi- 
vision 4. 


272  JOURNAL  OP  THE  HOUSE.  [Feb.  19^ 

Also,  aihexid  pa^  108,  section  11,  chapter  6,  line  5,  by  inserting  the  word 
'•quarterly"  after  the  word  ''treasury." 

Also,  on  page  109,  section  11,  chapter  6,  line  8,  by  inserting  the  ^rorda 
**and  ciyil"  between  the  words  "criminal"  and  "process." 

Also,  amend  page  109,  section  11,  same  chapter,  by  inserting  the  follow- 
ing at  the  end  of  the  Senate  amendment:  "ProTided  the  total  receipts  of 
his  office  exceed  81,300." 

Also,  amend  page  114,  section  6,  chapter  8,  line  2,  by  changing  the  word 
"may"  to  "shall." 

Also,  amend  page  34,  section  3,  acts  of  the  Twenty-sixth  General 
Assembly,  by  adding  the  following  after  said  sections:  "and  for  such  pur- 
pose the  trustees  may  purchase  land  not  to  exceed  in  value  8100." 

Your  committee  have  also  re-referred  chapters  43  and  78  to  the  Com- 
mittee on  Roads  and  Highways. 

J.  B.  Classsk, 

Chairman, 

Ordered  passed  on  file. 

Mr.  Hinkhouse  offered  the  following  resolution: 

Whebbas,  It  has  pleased  an  all-wise  Providence  to  remove  from  our 
midst  Hon.  Wm.  P.  Wolf,  an  honored  citizen  of  Cedar  county  and  of  this 
State,  who  served  his  country  with  distinction  on  the  battle  field,  repre- 
sented the  Second  district  in  the  Forty-first  congress,  was  Speaker  of  the 
House  in  the  Twentieth  General  Assembly,  and  at  the  time  of  his  death 
was  judge  of  the  Eighteenth  judicial  district;  therefore,  be  it 

Resolved,  That  the  people  of  this  State  have  lost  a  wise  and  able  legis- 
lator, a  fearless  judge  and  a  loyal  and  upright  citizen.  In  him  the  people 
found  a  man  of  sympathy  whom  it  was  a  pleasure  to  know. 

Resolved,  That  we  sympathize  with  his  wife  and  children,  and  as  a 
token  of  our  regard  for  his  memory,  we  order  these  resolutions  spread 
upon  the  Journal  of  this  House  and  direct  that  a  certified  copy  be  sent  to 
his  family. 

R.  W.  HiKKHOUBK, 

David  Bbant, 
W.  I.  Hayss. 

Adopted  unanimously  by  a  rising  vote. 
The  House  here  took  up  House  file  No.  41,  with  Senate 
amendments. 

Mr.   Finch  moved  that  the  House  concur  in  the  Senate 

amendments. 

On  the  question,  * 'Shall  the  House  concur?"  the  yeas  were: 
Messrs.  Allen,  Bailey,  Bell,  Bird,  Brant,  Chapman,  Clark, 
Classen,  Cook,  Crow,  Davis,  Djubleday,  Dowell,  Early, 
Edwards,  Evans,  Finch,  Prink,  Punk,  Grarner,  Good,  Grote, 
Gurley,  Haugen,  Hanger,  Huntley,  Johnson  of  Webster,  Ladd, 
Lavender,  Loomis,  McAchran,  McNulty,  Martin,  Mayne, 
Miller  of  Baena  Vista,  Miller  of  Cherokee,  Morrison  of  Keo- 
kuk, Mullin,  Nietert,  Parker,  Putnam,  Scott,  Smith,  St.  John, 


1897.]  JOURNAL  OF  THE  HOUSE.  278 

Thompson,  Tibbitts,  Weaver,  Whelan,  Whittier,  Williams, 
Wood— 51. 

The  nays  were: 

Messrs.  Baker,  Brighton,  Byington,  Frazee,  Griswold, 
Hazen,  Hendershot,  Hlnkhonse,  Hinman,  Hunt,  Jackson,  Jay, 
Johnston  of  Franklin,  Kiemme,  Lambert,  Lauder,  Lowry, 
McDonald,  McDowell,  Marti,  Merriam,  Morrison  of  Grundy, 
Nolan,  Perrott,  Porter,  Power,  Prentis,  Ray,  Heed,  Spaulding, 
Sullivan,  Temple,  Voelker,  Watters,  Wells,  Wheeler,  Wilson 
—87. 

Absent  or  not  voting: 

Messrs.  Bowen,  Brady,  Brlnton,  Cornwall,  Hayes,  McArthur, 
McQuln,  Manahan,  Miller  of  Warren,  Potter,  Van  Houten,  Mr. 
Speaker — 12. 

So  the  House  concurred. 

SENATE  MES^SAQES. 

Senate  file  No.  10,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  In  relation  to  elections  and  officers,  was  read 
first  and  second  time  and  referred  to  Committee  on  Elections. 

The  clerk  resumed  the  reading  of  the  pending  bill.  Senate 
file  No.  20,  relating  to  the  construction  and  operation  of  rail- 
ways. 

Mr.  Evans  moved  to  amend  section  22  by  inserting  in  line  2, 
after  the  word  'large"  the  words  ''and  maintain  proper  and 
suf^clent  cattle  guards."  In  the  same  line,  after  the  word 
"fence,"  Insert  '*or  maintain  cattle  guards,"  and  after  the  word 
''fence,"  In  line  8,  also  Insert  the  words  "or  cattleguards. " 

Adop'  ed. 

Mr.  Merriam  In  the  chair. 

Mr.  Thompson  moved  to  strike  out  section  72  and  substitute 
as  follows:  "In  cases  where  any  railway  company  shall  fall 
or  refuse  to  make  the  name  of  a  railway  station  conform  to  the 
name  of  the  village.  Incorporated  town  or  city  within  the  limits 
of  which  It  Is  situated,  It  shall  be  the  duty  of  the  Railway  Com- 
missioners of  the  State  to  order  a  change  of  the  name  of  said 
railway  station  to  effect  such  uniformity  within  sixty  days  after 
a  petition  In  writing  by  the  town  council  of  said  Incorporated 
town  or  city,  or  In  the  case  of  a  village,  by  the  township 
trustees,  asMng  for  such  order,  Is  filed  with  said  Railway  Com- 
missioners." 

Adopted. 


18 


274  JOURNAL  OF  THE  HOUSE.  [Feb.  19, 

Mr.  Ray  moved  to  amend  section  44,  line  8,  by  inserting 
after  the  word  ** weight"  the  words  "or  in  lieu  of  such  bag- 
gage, one  bicycle  for  the  use  of  the  person  transported. " 

Mr.  Dowell  again  resumed  the  chair. 

Mr.  Mc Arthur  moved  to  amend  the  amendment  as  follows: 
Insert  after  the  word  **bicycle"  the  words  **when  such  bicycle 
is  properly  crated. " 

Lost. 

Mr.  Elemme  moved  to  amend  the  amendment  by  adding 
''but  railroad  companies  shall  not  be  liable  for  damages  that 
carries  them." 

LfOst  by  a  vote  of  28  yeas  to  40  nays. 

Messrs.  McArthur  and  McNulty  demanded  the  yeas  and 
nays  on  the  amendment  of  Mr.  Ray. 

On  the  question,  ''Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Bailey,  Brant,  Byington,  Chapman,  Clark,  Cook, 
Davis,  Evans,  Pinch,  Frazee,  Punk,  Griswold,  Grote,  Hayes, 
Hazen,  Hinman,  Huntley,  Jackson,  Jay,  Johnson  of  Webster, 
Johnston  of  Franklin,  Ladd,  Loomis,  McDowell,  Martin, 
Merriam,  MUler  of  Cherokee,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Nolan,  Parker,  Porter,  Putnam,  Ray,  Reed,  Scott, 
Temple,  Wood— 88. 

The  nays  were: 

Messrs.  Allen,  Baker,  Bell,  Bird,  Brighton,  Brinton,  Classen, 
Crow,  Doubleday,  Dowell,  Early,  Edwards,  Gamer,  Garley, 
Haugen,  Hanger,  Hendershot,  Hinkhonse,  Klemme,  Lauder, 
Lavender,  Lowry,  McAchran,  McArthur,  McDonald,  McNulty, 
Marti,  Mayne,  Miller  of  Baena  Vista,  Miller  of  Warren,  Mullin, 
Nietert,  Perrott,  Prentis,  Smith,  Spaulding,  St.  John,  Sullivan, 
Voelker,  Watters,  Wells,  Wheeler,  Whelan,  Whittier,  Wil- 
liams— 45. 

Absent  or  not  voting: 

Messrs.  Bowen,  Brady,  Cornwall,  Frink,  Good,  Hunt,  L^un- 
bert,  McQuin,  Manahan,  Potter,  Power,  Thompson,  Tibbitts, 
Van  Houten,  Weaver,  Wilson,  Mr.  Speaker— 17. 

So  the  amendment  was  lost. 

MESSAGES  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  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 


1897.]  JOURNAL  OF  THE  HOUSE.  276 

House  file,  No.  63,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  school  fund. 

Gbo.  a.  Newman, 

Secretary. 

Also: 

Mb.  Spbakbb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  con- 
currence of  the  Senate  was  asked: 

House  file  No.  73,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  assignment  for  creditors. 

Geo.  a.  Newman, 

Secretary, 

Also: 

Mb.  Speakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

House  file  No.  67,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  weights  and  measures. 

Geo.  a.  Newman, 

Secreiaty, 

Also: 

Mb.  Speakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  concurred  in  the  following  concurrent  resolution,  in  which  the 
concurrence  of  the  Senate  was  asked: 

Relative  to  furnishing  stationary  to  newspaper  reporters. 

Geo.  a.  Newman, 

Secretaiy, 

Mr.  McNulty  moved  to  amend  section  42,  by  inserting  after 
the  word  ''corporation"  in  line  1,  the  words  "including  street 
railways;"  also,  strike  out  all  after  the  word  "deed"  in  line  8. 

Mr.  Finch  demanded  a  division  on  the  question. 

Question  relating  to  "street  railways"  carried. 

Question  to  strike  out  all  after  the  word  "deed,"  lost. 

Mr.  Evans  moved  to  strike  out  the  Senate  amendments  to 
seotion  52,  lines  15,  16,  17,  and  restore  the  reading  of  the  Code 
as  recommended  by  the  Ck)de  Ciommissioners;  also,  after  the 
word  "elections"  insert  the  words,  "which  shall  be  conducted 
as  provided  with  respect  to  similar  propositions  in  chapter  on 
elections. " 

Mr.  Early  moved  to  postpone  further  consideration  of  the 
amendment  of  Mr.  Evans  until  the  next  session. 

Mr.  Wood  moved  to  adjourn  until  9  a.  m.  to-morrow. 

Mr.  Heed  moved  to  amend  by  making  it  2  p.  m.  to-day. 

Lost. 


276  JOURNAL  OF  THE  HOUSE.  [Feb.  19, 

The  original  motion  for  adjournment  was  then  lost. 
The  motion  of  Mr.  Early  was  lost. 

The  amendment  of  Mr.  Evans  was  lost  by  a  vote  of  84  yeas 
to  42  nays. 

Mr.  Wood  moved  an  adjournment  till  9  a.  m.  to-morrow. 
Lost. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Sfbakbb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

House  file  No.  73,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  private  seals. 

Geo.  a.  Newman, 

Stcretmry, 
Also: 

Mb.  Spbakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

House  file  No.  68,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  money  of  account  and  interest. 

Obo.  a.  Newman, 

Secretary, 

Also: 

Mb.  Spbakeb — I  am  directed  to  inform  your  honorable  body  that 
the  Senate  has  amended  and  passed  the  following  bill,  in  which  the 
concurrence  of  the  Senate  was  asked: 

House  file  No.  75,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  limited  partnership. 

Geo.  a.  Newman, 

Secretary, 

Also: 

Mb.  Speakeb~I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  concurred  in  the  following  bill,  in  which  the  concurrence  of 
the  Senate  was  asked: 

House  file  No.  70,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  tender. 

Geo.  a.  Nbwman, 

Secretaij. 

Mr.  Baker  moved  to  amend  page  894,  section  86,  line  5,  by 
striking  out  the  word  < 'grade,"  and  inserting  in  lieu  thereof 
the  word  "roadbed." 

Adopted. 

Mr.  McNulty  moved  to  amend  section  42,  page  895,  by  add- 
ing after  the  last  word  in  said  section  the  following:     ''But 


1897.]  JOURNAL  OP  THE  HOUSE.  277 

this  section  shall  not  be  deemed  to  be  applicable  to  street  rail- 
ways prior  to  the  adoption  of  this  Code. " 

Lost. 

Mr.  Temple  offered  the  following  amendment  and  moved  its 
adoption:  Strike  out  all  of  sections  51,  52,  58,  54,  55,  56,  57 
and  58. 

On  a  privileged  motion  of  Mr.  Johnston  of  Franklin,  200 
copies  of  tfce  election  law  were  ordered  printed. 

Mr.  Loomis  moved  to  adjourn  until  9  a.  m.  to-morrow. 

Carried. 


278  JOURNAL  OF  THE  HOUSE.  [Feb.  20, 


Hall  of  thb  House  of  Bbpbbsbntatives,    ) 
De8  Moines,  Iowa,  Saturday,  Febrnary  30,  1897.  f 

The  House  met  at  9  a.  m.  ,  with  Speaker  Byers  in  the  chair. 
Prayer  was  offered  by  Senator  Bowen. 
Mr.  McDowell  was  excused  until  Tuesday  because  of  sickness. 
Mr.  Gamer  was  excused  indefinitely  because  of  the  serious 
illness  of  his  father. 

PETITIONS  AND  MEMORIALS. 

Mr.  Dowell  presented  petition  of  704  tax  payers  of  Polk 
county,  asking  for  the  passage  of  a  manufacturers'  bill. 
Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Nolan  presented  remonstrance  of  W.  H.  Guilford  of  the 
Dubuque  branch  experiment  station,  relating  to  a  reduction  of 
appropriation  for  horticultural  purposes. 

Referred  to  Committee  on  Horticulture. 

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

CONCUBBBKT  BBSOLUTION. 

Whebeas,  The  free  deliv^ery  service  of  the  postoffice  department  of  the 
United  States  is  self -sustaining;  and, 

Whebbas,  There  is  now  pending  before  the  Honse  of  Representatives 
of  the  Congress  of  the  United  States  a  bill  introduced  by  the  Hon.  N.  D. 
Sperry  of  Connecticut  entitled  **a  salary  bill,"  adopted  by  the  sixth  annual 
meeting  of  the  national  association  of  letter-carriers,  being  a  bill  to  increase 
the  pay  of  letter-carriers,  known  as  House  roll  No.  260,  providing  that  the 
pay  of  letter-carriers  in  cities  of  more  than  75,000  population  for  the  first  year 
of  service  ghall  be  9600,  for  the  second  year  of  service  9800,  for  the  third 
year  of  service  91»000,  and  for  the  fourth  year  of  service  and  thereafter 
91 1 200;  and  the  pay  of  letter-carriers  in  cities  of  less  than  75,000  population 
shall  be  for  the  first  year  of  service  9600,  for  the  second  year  of  service 
9800,  and  for  the  third  year  and  thereafter  91,000;  and, 

WmcBBAS,  The  Senate  of  the  Congress  of  the  United  States  on  the 
tenth  day  of  June,  1896,  by  a  unanimous  vote,  passed  a  similarly  worded 
bill  introduced  by  Senator  Mitchell  of  Oregon,  known  as  Senate  roll 
3058,  and  said  bill  now  being  on  the  Speaker's  table  in  the  House;  there- 
fore, be  it 


1897.]  JOURNAL  OF  THE  HOUSE  279 

Resolved  by  the  House  of  Representatives  of  the  General  Assembly  of  the  State 
of  Jotoa,  the  Senate  concurring,  That  the  Representatives  of  the  State  of 
Iowa  in  the  National  Congreas  be  requested  to  fav^or  and  assist  in  securing^ 
an  early  day  for  its  consideration,  and  to  nse  every  honorable  effort  to 
secure  the  passage  of  the  aforesaid  Senate  bill  No.  3058;  and  be  it  further 

Resolved,  That  a  copy  of  this  resolution  be  forwarded  by  the  Clerk  of 
the  House  to  each  of  the  Congressmen  from  the  State  of  Iowa  and  to  the 
Speaker  of  the  House  of  Representatives  of  the  National  Congress. 

Adopted. 

Mr.  Beed  offered  the  following  joint  resolution  No.  1. 

MEMOBIAL  AND  JOINT  BESOLUTION. 

In  reference  to  evidence  in  support  of  claims  for  pensions: 

Whereas,  There  are  many  thousands  of  just  claims  for  pensions  pend- 
ing in  the  office  of  the  pension  department;  and, 

Whereas,  The  consideration  and  determination  of  such  claims  is  indefi- 
nitely postponed  and  the  claimants  are  deprived  of  their  just  rights  on 
account  of  the  unusual  requirements  of  the  commissioner  of  pensions  as  to 
the  form  of  affidavits  in  support  of  claims,  as  will  appear  from  an  exami- 
nation of  order  No  239  of  the  commissioner  and  dated  June  19,  1893,  by  the 
terms  of  which  it  is  practically  very  difficult  and  nearly  impossible  to 
comply  with  the  terms  of  said  order  and  tending  to  confuse  the  officers 
before  whom  testimony  may  be  taken,  and  the  witness  testifying  could 
hardly  fail  to  be  confused  and  justice  thereby  defeated;  therefore,  be  it 

Resolved  hy  the  Oeneral  Assembly  of  the  State  of  Joioa,  That  affidavits  taken 
in  support  of  pension  claims  according  to  the  laws  of  any  state  or  terri- 
tory of  the  United  States,  and  valid  in  such  states  and  territories  in  legal 
proceedings  therein  shall  be  considered  by  the  commissioner  of  pensions 
in  all  matters  relating  to  pensions,  and  due  weight  be  given  such  affida- 
vits to  which  they  would  be  entitled  in  such  state  or  territory. 

Resolved,  Second,  That  our  Senators  and  Representatives  in  Congress  be 
and  are  hereby  requested  to  use  all  their  influence  to  secure  the  passage 
of  a  law  in  accordance  with  the  above  resolution  and  which  would  mate- 
rially aid  in  the  adjustment  of  pension  claims. 

Resolved,  Third,  That  the  Secretary  of  State  be  instructed  to  furnish  a 
copy  of  this  memorial  and  joint  resolution  to  each  of  our  Senators  and 
Representatives  in  Congress. 

Laid  over  under  rule  34. 

Mr.  Elemme  called  up  his  resolution  of  the  1 7th  inst. ,  rela- 
tive to  afternoon  sessions,  and  moved  its  adoption. 

The  resolution  was  lost. 

The  pending  bill,  Senate  file  No.  20,  relaticg  to  the  opera- 
tion and  construction  of  railroads,  was  taken  up. 

The  amendment  of  Mr.  Temple  offered  on  yesterday  and  still 
pending,  was  then  put  and  lost. 

Mr.  Temple  moved  to  amend  section  38  by  adding  thereto 
the  followisg:  ''Nor  ^hall  ary  contract  of  insurance,  relief, 
benefit,  or  indemnity  in  case  of  injury  or  death,  nor  any  other 


280  JOURNAL  OF  THE  HOUSE.  [Feb.  20, 

contract  entered  into  prior  to  the  injury,  between  the  person  so 
injured  and  such  corporation,  or  any  other  person  or  associa- 
tion acting  for  such  corporation,  nor  shall  the  acceptance  of  any 
insurance,  relief,  benefit  or  indemnity  by  the  person  injured 
after  the  injury,  from  such  corporation,  person  or  association, 
constitute  any  bar  or  defense  to  any  cause  of  action  brought 
under  the  provisions  of  this  section." 

Adopted. 

Mr.  Allen  moved  to  amend  section  45  by  adding  after  the 
word  ' 'superintendent"  in  lines  2  and  8  the  words  ''or  other 
officer  in  possession  of  the  necessary  information." 

Adopted 

Mr.  Mc Arthur  moved  to  amend  section  42  by  inserting  before 
the  word  * 'mortgage"  in  line  3  the  word  "railway,"  ^md  by 
adding  at  the  end  of  said  section  the  following:  "and  prior  and 
superior  to  the  lien  of  any  street  railway  mortgage  or  trust 
deed  executed  after  the  adoption  of  the  C!ode." 

Adopted. 

Mr.  Lauder  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Brady,  Brant, 
Brighton,  Brinton,  Chapman,  Clark,  Cook,  Crow,  Davis, 
Doubleday,  Dowell,  Early,  Edwards,  Evans,  Pinch,  Prink, 
Funk,  Gk>od,  Griswold,  Grote,  Haugen,  Hanger,  Hayes,  Hazen, 
Hendershot,  Hinkhouse,  Hinman,  Huntley,  Jackson,  Jay,  John- 
son of  Webster,  Johnston  of  Pranklin,  Klemme,  Ladd,  Lam- 
bert, Lauder,  Lavender,  Loomis,  Lowry,  McAchran,  McArthur, 
Marti,  Martin,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Chero- 
kee, Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
Mullin,  Nietert,  Nolsui,  Parker,  Perrott,  Porter,  Prentis,  Put- 
nam, Ray,  Reed,  Scott,  Smith,  Spaulding,  St.  John,  Thompson, 
Tlbbitts,  Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Williams, 
Wilson,  Mr.  Speaker— 78. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Bowen,  Byington,  Classen,  Cornwall,  Frazee, 
Gamer,  Gurley,  Hunt,  McDonald,  McDowell,  McNulty,  McQuin» 
Manahan,  Mayne,  Potter,  Power,  Sullivan,  Temple,  Van 
Houten,  Voelker,  Whittier,  Wood— 22. 


1807.]  JOURNAL  OP  THE  HOUSE.  28L 

So  the  bill  passed  and  the  title  was  agreed  to. 
Mr.  Hinman  offered  the  following  resolution,  which  was 
laid  over  under  rule  34: 

Whereas,  During^  the  last  two  years  the  labor  of  the  farm  has  produced 
an  unprecedented  quantity  of  corn;  and, 

Whbbeas,  a  large  portion  of  the  crops  of  1895  and  nearly  all  of  1896 
is  still  in  the  hands  of  the  producers,  resulting  from  the  loss  of  nearly 
forty  per  cent  of  the  hog  crop  of  the  above  mentioned  years  by  cholera; 
and, 

Whereas,  The  extreme  low  price  of  this  product  is  such  that  after 
paying  freight  rates  and  commission  there  is  hardly  anything  left  for  the 
producer  with  which  to  pay  taxes  and  other  necessary  expenses;  and, 

Whereas,  The  condition  of  the  above  mentioned  crop  is  such  that  it 
must  be  handled  and  sorted  within  the  next  forty  days  or  become  a  total 
loss  to  the  producer  and  a  consequent  loss  to  the  railroads  in  freights; 
therefore,  be  it 

Resolved  by  the  Hoxise,  the  Senate  omicurring.  That  the  railroad  commis- 
sioners be  instructed  to  confer  with  the  leading  lines  of  road  running  to 
the  eastern  and  southern  markets  and  use  every  effort  within  their  power 
to  secure  a  reduced  rate  on  com  shipments  for  the  next  forty  days,  that  at 
least  a  portion  of  this  crop  may  be  moved,  thereby  affording  temporary 
relief  to  every  industry  within  the  State. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mr.  Speaker — 1  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked: 

House  file  No.  51,  a  bill  for  an  act  to  revise,  amend  aud  codify  the 
statutes  in  relation  to  the  State  University. 

Geo.  A.  Newman, 

Secretaiy, 
Also: 

Mr.  Speaker — I  am  directed  to  inform  your  honorable  'body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked: 

House  file  No.  22,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  taking  private  property  for  works  of  internal  improve- 
ment. 

Geo.  a.  Newman, 

Secretarj. 
Also: 

Mr.  Speaker — 1  am  directed  to  inform  your  honorable  body  that  the 
Senate  returns  herewith  Senate  file  No.  49,  as  requested  by  the  House. 

Geo.  a.  Newman, 
Secretary, 

The  question  of  agreeing  to  the  Senate  amendments  to  the 
House  amendments  to  Senate  file  No.  49  was  then  considered 
and  the  roll  call  resulted  as  follows: 


282  JOURNAL  OF  THE  HOUSE.  [Feb.  20, 

On  the  question,  '  'Shall  the  House  agree  to  the  amend- 
ments?" the  yeas  weie: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Brady,  Brant,  Brin- 
ton.  Chapman,  Clark,  Ccok,  Crow,  Davis,  Doubleday,  Dowell, 
Early,  Evans,  Pinch,  Prink,  Punk,  Good,  Griswold,  Grote, 
Gurley,  Hanger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Huntley,  Jackson,  Jay,  Johnston  of  Pranklin,  Klemme, 
Ladd,  Lambert,  Lauder,  Lavender,  Loomis,  Lowry,  McAchran, 
McArthur,  Marti,  Martin,  Miller  of  Buena  Vista,  Miller  of 
Cherokee,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  MuUin,  Nietert,  Nolan,  Parker,  Perrott,  Porter, 
Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  St.  John,  Thomp- 
son, Tibbitts,  Voelker,  Watters,  Weaver,  Wells,  Wheeler, 
Whelan,  Williams,  Wilson,  Wood,  Mr.  Speaker — 75. 

Mr.  Spaulding  voted  in  the  negative. 

Absent  or  not  voting: 

Messrs.  Bowen,  Brighton,  Byington,  Classen,  Cornwall, 
Edwards,  Prazee,  Gamer,  Haugen,  Hunt,  Johnson  of  Webster, 
McDonald,  McDowell,  McNulty,  McQuin,  Manahan,  Mayne, 
Merriam,  Potter,  Power,  Sullivan,  Temple,  Van  Houten,  Whit- 
tier— 24. 

So  the  House  agreed  to  the  Senate  amendments. 

Mr.  Merribm  called  up  the  resolution  which  was  offered  on 
yesterday  by  the  Committee  on  Compensation  of  Public  Offi- 
cers, and  moved  its  adoption. 

Mr.  Brant  moved  to  strike  out  of  section  10  all  after  the 
word  "way,"  down  to  and  including  the  word  < 'session." 

Adopted. 

Mr.  Ray  moved  to  strike  out  sections  7  and  10. 

Mr.  Wood  moved  to  postpone  indefinitely  the  pending  reso- 
lution. 

Messrs.  Haugen  and  Brant  demanded  the  ''yeas  and  nays" 
on  the  motion  of  Mr.  Wood,  which  resulted  as  follows: 

On  the  question,  ''Shall  the  motion  prevail?"  the  yeas  were: 

Messrs.  Bailey,  Brady,  Clark,  Crow,  Doubleday,  Early, 
Evars,  Griawold,  Grote,  Hendershot,  HiLkhcuse,  Huntley, 
Johnson  of  Webster,  IQemme,  Ladd,  McArthur,  Miller  of  Buena 
Vista,  Morrison  of  Keokuk,  Mullin,  Parker,  Perrott,  Spauldisg, 
Temple,  Tibbitts,  Watters,  Weaver,  Wells,  Williams,  Wood, 
Mr.  Speaker— 80. 


1897.]  JOURNAL  OF  THE  HOUSE.  288 

The  nays  were: 

Messrs.  Allen,  Baker,  Bell,  Bird,  Brant,  Brighton,  Brinton, 
Chapman,  Cook,  Davis,  Dowell,  Edwards,  Pinch,  Frink,  Funk, 
Good,  Gurley,  Hangen,  Hajes,  Hazen,  Himnan,  Jackson,  Jay, 
Johnston  of  Franklin,  Lambert,  Lauder,  Loomis,  Lowry, 
McAchran,  Marti,  Martin,  Merriam,  Miller  of  Warren,  Mor- 
rison of  Grundy,  Nietert,  NolaD,  Porter,  Prentis,  Putnam,  Ray, 
Heed,  Scott,  Smith,  Thompson,  Voelkcr,  Wheeler,  Whelan, 
Wilson— 48. 

Absent  or  not  voting: 

Messrs.  Bowen,  Byington,  Claeser,  Cornwall,  Frazee,  Gar- 
ner, Hauger,  Hunt,  Lavender,  McDonald,  McDowell,  McNulty, 
McQuin,  Manahan,  Mayne,  Miller  of  Cherokee,  Potter,  Power, 
St.  John,  Sullivan,  Van  Houten,  Whittier— 22. 

So  the  motion  was  lost. 

The  Speaker  filed  the  following  explanation  of  his  vote : 

I  vote  to  indefinitely  postpone  this  resolution  for  the  reason  that  the 
statute  makes  it  the  duty  of  the  Governor  to  prosecute  such  investiga- 
tions. Section  759  of  the  Code  provides  that  whenever  in  the  judgement  of 
the  Governor  the  public  services  require  it,  he  shall  appoint  a  commis- 
sion of  three'  expert  accountants  who  shall  examine  books,  papers, 
vonchers,  etc.,  and  report  their  findings  to  the  Governor. 

Section  760  gives  the  Governor  power  to  suspend  any  said  officer  who 
has  been  guilty  of  any  defalcation,  misappropriation  of  public  money,  or 
gross  carelessness,  or  negligence  in  performing  the  duties  of  his  office. 

Section  762  gives  the  Governor  power  to  make  temporary  appointments 
to  fill  the  place  of  suspended  officers. 

Section  764  provides  for  compensation  to  said  accountants  in  the  sum 
of  93.00  per  day. 

Section  765  gives  said  commission  all  the  power  necessary  to  make 
thorough  investigation. 

It  will  be  seen  from  the  above  provisions  of  the  statute  that  the  right 
to  punish  by  suspension  or  removal  from  office  is  wholly  within  the  power 
of  the  Gk>vemor,  and  any  report  that  a  committee  from  this  body  would 
make  after  an  investigation  would  have  to  be  referred  to  the  chief  execu- 
tive to  be  acted  upon. 

I  vote  to  indefinitely  postpone  the  resolution  for  the  further  reason 
that  I  am  opposed  to  the  time  of  this  extra  session  being  taken  up  with 
matters  outside  of  the  legitimate  Code  work. 

Mr.  Whelan  demanded  a  division  of  the  question  of  Mr.  Bay. 

The  motion  to  strike  out  section  7  was  lost. 

The  motion  to  strike  out  section  10  was  lost. 

Mr.  Morrison  of  Keokuk  offered  as  section  12  the  following, 
and  moved  its  adoption:  < 'Section  12.  That  said  committee 
ascertain  from  the  State  recor  ds  whether  the  State  received 


284  JOURNAL  OF  THE  HOUSE  [Feb.  20, 

any  money  for  property  turned  over  by  ex-State  Treasurer 
Rankin  and  the  amount,  and  if  from  this  or  other  State  funds 
the  Agricultural  College  was  reimbursed  or  not,  and  if  not, 
why,  and  the  committee  make  such  recommendation  as  the 
facts  will  warrant. " 

Adopted. 

Mr.  Morrison  of  Grundy,  moved  to  amend  by  adding  to 
section  5  the  following:  ''To  ascertain  whether  the  number  of 
employees  of  any  and  all  kinds  employed  in  the  various  State 
institutions  is  greater  than  is  necessary  for  the  proper  conduct 
of  affairs,  and  whether  the  salaries  paid  to  such  employees 
is  greater  or  less  than  is  paid  for  like  service  in  private 
institutions  of  a  similar  character." 

Mr.  Gurley  offered  to  amend  the  amendment  by  inserting 
between  the  words  ''the"  and  "management"  in  section  5  the 
words  "government  and;"  also,  add  to  section  5  the  words  "and 
whether  the  number  of  of&cers  in  charge  thereof  may  not 
safely  be  reduced  also;"  this  to  precede  the  amendment  of  Mr. 
Morrison  of  Grundy. 

Adopted. 

Amendment  as  amended  adopted. 

Mr.  Brant  moved  to  amend  by  increasing  the  committee  to 
two  from  the  Senate  and  two  from  the  House. 

Mr.  Spaulding  moved  to  amend  the  amendment  by  striking 
out  in  the  first  provision,  lines  1,  2  and  3,  to  and  including 
the  word  "House,"  and  insert  in  lieu  thereof  the  following: 
"a  committee  consisting  of  three  members  appointed  by  the 
Governor." 

Mr.  McAchranmoved  that  the  resolution  be  laidon  the  table. 

Carried. 

MESSAGES  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  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked: 

House  file  No.  52,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  the  State  College  of  Agriculture  and  Mechanic  Arts. 

Qeo.  A.  Newman, 

Secretary. 
Also: 

Mb.  Speaker —I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked: 


1897.]  JOURNAL  OP  THE  HOUSE.  285 

House  file  No.  53,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  normal  schocl. 

Geo.  a.  Newmak, 

Secretary. 

The  House  here  took  up  House  file  No.  51,  with  Senate 
amendments. 

Referred  to  Committee  on  State  University. 

Mr.  Miller  of  Cherokee  was  excused  indefinitely  on  account 
of  sickness. 

House  file  No.  22,  with  Senate  amendments,  was  taken  up  and 
referred  to  Second  Division  Code  Revision  Committee. 

House  file  No.  53,  with  Senate  amendments  to  title,  was 
taken  up  and  the  Clerk  called  the  roll  on  the  Senate  amendment. 

On  the  question,  ''Shall  the  House  Qoncur?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Brady,  Brighton, 
Brinton,  Chapman,  Clark,  Cook,  Crow,  Davis,  Doubleday, 
Dowell,  Early,  Edwards,  Evans,  Pinch,  Prink,  Punk,  Good, 
Griswold,  Grote,  Gurley,  Hayes,  Hazen,  Hendershot,  Hink- 
house,  Hinman,  Hunlley,  Jackson,  Jay,  Johnson  of  Webster, 
Johnston  of  Pranklin,  Klemme,  Lauder,  Lavender,  Loomis, 
Lowry,  McAchran^  Marti,  Merriam,  Miller  of  Warren,  Morri- 
son of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan, 
Parher,  Perrott.  Porter,  Prentis,  Putnam,  Ray,  Reed,  Scott, 
Smith,  Spaulding,  St.  John,  Temple,  Thompson,  Tibbitts, 
Voelker,  Watters,  Weaver,  Wheeler,  Whelan,  Williams,  Wood, 
Mr.  Speaker — 71. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Bowen,  Brant,  Byington,  Classen,  Cornwall,  Prazee, 
Garner,  Haugen,  Hanger,  Hunt,  Ladd,  Lambert,  McArthur, 
McDonald,  McDoi^ell,  McNulty,  McQuin,  Manaban,  Martin 
Mayne,  Miller  of  Buena  Vista,  Miller  of  Cherokee,  Potter, 
Power,  Sullivan,  Van  Houten,  Wells,  Whit  tier,  Wilson — 29. 

So  the  House  concurred. 

House  file  No.  52  with  Senate  amendments  was  taken  up  and 
considered. 

Mr.  Early  moved  that  the  House  concur  in  Senate  amend- 
ments: 

On  the  question,  ''Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Baker,  Brady,  Brant,  Brinton,  Chapman, 
Clark,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Finch, 


286  JOURNAL  OP  THES  HDU3E.  [Feb.  20, 

Frink,  Fank,  Good,  Griswold,  Grote,  Hauger,  Hayes,  Hazen, 
Hinkhouse,  HLnman,  Jackson,  Johnston  of  Franklin,  Elemme, 
Ladd,  Lauder,  Lavender,  Loomis,  Lowry,  McAchran, 
Mc Arthur,  Marti,  Merriam,  Miller  of  Warren,  Morrison  of 
Keokuk,  Mullin,  Nietert,  Nolan,  Perrott,  Porter,  Putnam, 
Reed,  Smith,  Temple,  Tibbitts,  Voelker,  Watters,  Weaver, 
Wells,  Whelan,  Williams,  Wood,  Mr.  Speaker — 56. 

The  nays  were: 

Messrs.  Bailey,  Bell,  Bird,  Brighton,  Evans,  Gurley,  Haugen, 
Hendershot,  Jay,  Morrison  of  Grundy,  Parker,  Prentis,  Ray, 
Scott,  Spaulding,  St.  John,  Wheeler — 17. 

Absent  or  not  voting: 

Messrs.  Bowen,  Byington,  Classen,  Cook,  Cornwall,  Frazee, 
Gamer,  Hunt,  Huntley,  Johnson  of  Webster,  Lambert, 
McDonald,  McDowell,  McNulty,  McQuin,  Manahan,  Martin, 
Mayne,  Miller  of  Buena  Vista,  Miller  of  Cherokee,  Potter, 
Power,  Sullivan,  Thompson,  VanHouten,  Whittier,  Wilson — 27. 

So  the  House  concurred. 

Mr.  Johnston  of  Franklin,  moved  that  the  House  adjourn 
until  9  A.  M.  Tuesday. 

Mr.  Spaulding  moved  to  amend  by  making  it  10  a.  m. 
Monday. 

Carried. 

The  motion  as  amended  was  carried  and  the  House  adjourned. 


1897]  JOURNAL  OF  THE  HOUSE  287 


Hall  of  the  Housb  of  Rbpbesentatives,      ) 
Des  Moines,  Iowa,  Monday,  February  32,  1897.  ) 

House  met  at  10  a.  m.  ,  Speaker  Byers  in  the  chair. 

Prayer  by  Rev.  H.  C.  Rosenberger  of  Mitchellville,  Iowa. 

Journals  of  February  19  and  February  20  corrected  and 
approved. 

PETITIONS  AND  MEMORIALS. 

Mr.  Allen  presented  petition  of  citizens  of  Van  Buren  county, 
asking  repeal  of  sections  2  and  3,  chapter  68,  relative  to  steam 
engines  on  highways. 

Referred  to  Committee  on  Roads  and  Highways. 

Mr.  Hayes  presented  petition  of  citizans  of  Clinton  county, 
asking  passage  of  manufacturing  bill. 

Referred  to  Committee  on  Suppression  of  Intemperance. 

Messrs.  Hinman,  Patnam,  Miller  of  Buena  Vista,  Tibbitts, 
Ourley  and  Evans  presentedpetitionsofcitiz3nsof  their  respect- 
ive counties,  asking  passage  of  bill  regulating  practice  of 
medicine. 

Referred  to  Committee  on  Public  Health. 

REPORT  OF  JOINT  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Joint  Committee  on  Enrolled  Bills, 
submitted  the  following  report: 

Mr.  Speaker — Your  Joint  Committee  on  Enrolled  BlUs  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled.  Senate  file 
No.  49,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  county  superintendent. 

G.    S.    OlLBEBTSOir, 

Chairman  Senate  CommUUe. 

W.  E.  Haugeb, 
Chairman  House  CommUtee. 

Ordered  passed  on  file. 


288  JOURNAL  OF  THE  SOUSE.  [Feb.  U, 

Mr.  Hinman  called  up  his  concurrent  resolution  relative  to 
lower  rates  on  railroads  for  com  and  moved  its  adoption. 

Mr.  Miller  of  Buena  Vista  moved  to  amend  resolution 
extending  the  time  to  three  months  instead  of  forty  days. 

Carried. 

Resolution  as  amended  adopted. 

The  following  motion  to  reconsider  was  filed: 

Mb.  Speaker — I  move  to  reconsider  the  motion  by  which  the  House 
concurred  in  the  amendment  of  the  Senate  to  House  file  No.  52. 

H.  O.  Weavbb. 
I  second  the  motion. 

M.  J.  Davis. 

Mr.  Evans  offered  the  following  concurrent  resolution,  which 
was  laid  over  under  rule  34: 

Be  it  resolved  by  the  House,  the  Senate  concurring,  That  there  be  a  com- 
mittee of  three  appointed,  composed  of  two  from  the  House  and  one  from 
the  Senate,  to  be  appointed  by  the  Speaker  of  the  House  and  the  President 
of  the  Senate  respectlTely,  whose  duty  it  shall  be: 

First. — To  confer  with  the  State  printer  and  binder  and  get  estimates  of  j 

the  cost  per  copy  of  printing  and  binding  respectively  of  5,000, 10,000, 15,000 
and  20,000  copies  of  the  proposed  Code  as  now  being  enacted,  without 
annotations;  also  estimate  of  cost  with  annotations. 

Second. — To  determine  how  soon  after  adjournment  of  this  extra  session 
the  laws  enacted  thereat  can  be  published  in  bound  volumes  in  durable 
form  ready  for  the  use  of  the  public. 

Third, — To  consult  with  the  Attorney-General  and  examine  the  authori- 
ties and  report  their  conclusions  as  to  whether  or  not  a  copyright  of  the 
laws  being  enacted  and  annotations  of  the  same  will  protect  the  State  in 
an  annotated  code  from  competition  in  its  publication  and  sale  by  private 
enterprise. 

Fourth  — To  report  a  bill  providing  for  the  editing  and  indexing  of  the 
laws  now  being  enacted  and  for  printing,  binding,  distribution  and  sale  of 
same. 

Fifth. — That  the  committee  report  such  further  and  other  facts  and  con- 
clusions in  reference  to  the  subject  matter  as  may  be  deemed  important. 

The  following  motion  to  reconsider  was  filed: 

Mk.  Speakeb — I  move  to  reconsider  the  motion  by  which  the  committee 
bubstitute  for  joint  resolution  No.  3  was  laid  on  the  table. 

H.  O.  Weaver. 
I  second  the  motion. 

W.  C.  McAbthub. 

The  Speaker  signed  Senate  file  No.  49,  in  presence  of  the 
House. 

On  motion  of  Mr.  Morrison  of  Keokuk,  House  adjourned 
until  9  A.  M.  to-morrow. 


1S»7.]  JOURNAL  OP  THE  HOUSE.  289 


HAiiL  OF  THE  House  of  Repbesentatiybs,     ) 
DBS  Moines,  Iowa,  Tuesday,  February  33,  1897.  ) 

House  met  at  9  a.  m.  ,  Speaker  Byers  in  the  chair. 
Prayer  by  Rev.  J.  L.  Gillin  of  Hudson,  Iowa. 
Journal  of  yesterday  corrected  and  approved. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Baker,  Hinman,  Whittier  and  Scott  presented  peti- 
tions of  citizens  of  their  respective  counties,  asking  a  law  to 
regulate  the  practice  of  medicine. 

Referred  to  Committee  on  Public  Health. 

Mr.  Power  presented  petition  of  citizens  of  Lee  county,  ask- 
ing a  2  cent  mileage  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

REPORT  OF  COMMITTEE. 

Mr.  Finch,  from  the  Committee  on  Code  Revision,  Division 
No.  8,  submitted  the  following  report: 

Mb.  Speaker — Your  Committee  on  Code  Revision,  Division  No.  3,  to 
whom  was  referred  House  file  No.  30,  a  biU  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  domestic  animals,  beg*  eave  to 
report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tion that  the  same  do  pass  as  amended  in  the  Senate. 

P.  Finch, 

iluiirman. 

The  House  took  up  the  bill  just  reported.  House  file  No.  30, 
with  report  of  committee  that  amendment  of  Senate  be  con- 
curred in. 

On  the  question,  ^^ Shall  the  House  concur?"  the  yeas  were: 
Messrs.  Allen,  Bailey,  Baker,  Bell,  Brinton,  Byington,  Chap- 
man, Clark,  Classen,  Cornwall,  Crow,  Doubleday,  Dowell, 
Edwards,  Evans,  Finch,  Frazee,  Frink,  Funk,  Gtood,  Griswold, 
Grote,  Gurley,  Hanger,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Huntley,  Jay,  Johnson  of  Webster,  Johnston  of  Franklin, 
Elemme,  Ladd,  Lambert,  Lauder,  Loomis,  Lowry,  McAchran, 
19 


290  JOURNAL  OF  THE  HOUSE.  [F^b.  23, 

McDonald,  Merriam,  Miller  of  Buena  Vista,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker, 
Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam,  Ray,  Keed, 
Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Tibbitts,  Voelker, 
Watters,  Wells,  Whelan,  Whittier,  WUliams,  Wilson— 70. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Bird,  Brady,  Brant,  Brighton,  Ckx>k,  Davis,  Early, 
Garner,  Haugen,  Hayes,  Hunt,  Jackson,  Lavender,  McArthur, 
McDowell,  McNulty,  McQuin,  Manahan,  Marti,  Martin,  Mayne, 
Miller  of  Cherokee,  Miller  of  Warren,  Temple,  Thompson,  Van 
Hon  ten,  Weaver,  Wheeler,  Wood,  Mr.  Speaker— 30. 

So  the  House  concurred. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  wa-i  received  from  the  Senate: 

Mr.  Spbakbr—I  am  directed  to  iDform  your  honorable  body  that  the 

Senate  has  concurred  in  the  following  concurrent  resolution,  in  which  the 

concurrence  of  the  Senate  was  asked: 

Relative  to  freigfht  rates  on  corn. 

Geo.  a.  Nkwman, 

Secretary, 
Also: 

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

Senate  file  No.  78,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  procedure  to  reverse,  vacate  or  modify  judgments. 

Geo.  a.  Newman, 

Secretary. 
Also: 

Mr.  Speaker — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concurrence 
of  the  House  is  asked: 

House  file  No.  56,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  the  Industrial  School. 

Geo.  a.  Newman, 

Secretary, 
Also: 

Mr.  Speakbr—I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked: 

House  file  No.  58,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  Industrial  Home  for  the  Blind. 

Geo.  a.  Newman, 

Secretary. 


1897.]  JOURNAL  OF  THE  HOUSE.  291 

Also: 

Mb.  Spbakbb — 1  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  bill,  in  which  the  concurrence  of  the  House 
is  asked: 

Senate  file  No.  29,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  mines  and  mining. 

Geo.  a.  Newmajt, 

Secretary, 
Also: 

Mb.  Speakeb — 1  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked: 

House  file  No.  55,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  Institution  for  Feeble  Minded  Children. 

Geo.  a.  Newmak, 

Secretary, 

Oil  motion  of  Mr.  Classen,  Senate  file  No.  8,  a  biU  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  county 
and  township  government,  with  report  of  committee  recom- 
mending passage  with  amendments,  was  taken  up  and  considered. 

Mr.  Nolan  moved  to  strike  out  Senate  amendment  to  sec- 
tion 2,  line  2,  chapter  2,  it  being  all  from  the  word  ^'over,"  up 
to  and  including  the  words  ^'may  be." 

Messrs.  Nolan  and  Nietert  demanded  a  roll  call  on  this 
amendment;  which  resulted  as  follows: 

On  the  question,  ''Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Allen,  Bailey,  Bell,  Bird,  Brant,  Brighton,  Brin- 
ton,  Chapman,  Clark,  Cornwall,  Crov,  Djubleday,  Dowell, 
Early,  Edwards,  Evans,  Pinch,  Frazee,  Frink,  Punk,  Good, 
Griswold,  Grote,  Gurley,  Hauger,  Hinkhouse,  Hinman,  H ant- 
ley,  Johnson  of  Webster,  Johnston  of  Franklin,  Klemme,  Ladd, 
Loomis,  McAchran,  McDonald,  Manahan,  Marti,  Merriam, 
Miller  of  Buena  Vista,  Morrison  of  Grundy,  Morrison  of  Keo- 
kuk, MuUin,  Nieterfc,  Nolan,  Parker,  Perrott,  Potter,  Prentis, 
Putnam,  Bay,  Reed,  Sx)tt,  Smith,  Spaulding,  St  John,  Wat- 
ters,  Wells,  Whelan,  Whittier,  Williams,  Wilson,  Wood— 62. 

The  nays  were: 

Messrs.  Baker,  Bowen,  Classen,  Davis,  Hayes,  Hazen, 
Hendershot,  Lambert,  Lauder,  Lowry,  Porter,  Power,  Temple, 
Voelker,  Weaver,  Mr.  Speaker — 16. 

Absent  or  not  voting: 

Messrs.  Brady,  Byington,  Cook,  Gamer,  Haugen,  Hunt, 
JacksoQ,    Jay,    Lavender,    Mo  Arthur,    McDowell,    McNulty, 


292  JOURNAL  OP  THE  HOUSE.  [Fob.  23, 

McQuiD,  Martin,  Mayne,  Miller  of  Cherokee,  Miller  of  Warren, 
Sullivan,  Thompson,  Tibbitts,  VanHouten,  Wheeler — 22. 

The  amendment  of  Mr.  Nolan  prevailed. 

Mr.  Hanger  was  called  to  the  chair. 

The  committee  amendment  to  section  15,  chapter  2,  was 
adopted. 

Mr.  Wood  moved  to  amend  section  82,  chapter  2,  lines  18  and 
14,  by  striking  out  all  from  the  word  ^'exceed"  up  to  and 
including  the  word  "advertisement,"  and  insert  in  lieu  thereof 
the  following:  ''thirty- three  and  one- third  cents  for  each  ten 
lines  of  brevier  type  or  its  equivalent." 

Adopted. 

Mr.  Lambert  moved  to  amend  as  follows:  In  line  15,  strike 
out  the  word  ''may"  and  insert  the  word  "shall." 

Adopted. 

Speaker  Byers  resumed  the  chair. 

The  committee  amendment  to  section  88,  chapter  2,  was 
adopted. 

Mr.  Weaver  moved  to  amend  section  49,  chapter  2,  by  strik- 
ing out  the  words  "fifty  cents"  and  inserting  in  lieu  thereof  the 
words  "one  dollar;"  also,  by  striking  out  the  words  "one  dol- 
lar" in  the  same  line  and  insert  the  words  "two  dollars." 

Mr.  Morrison  of  Grundy,  moved  to  amend  the  amendment  by 
striking  out  the  words  "two  dollars"  and  inserting  the  words 
"five  dollars." 

Lost. 

On  the  amendment  of  Mr.  Weaver,  Messrs.  Sullivan  and 
Weaver  demanded  the  yeas  and  nays  which  resulted  as  fol- 
lows: 

On  the  question,  "Shall  the  amendment  prevail?"  the  yeas 

were: 

Messrs.  Allen,  Baker,  Bell,  Bird,  Brighton,  Brinton,  Chap- 
man, ClasEen,  Davis,  Dowell,  Early,  Edwards,  Evans, 
Pirch,  Punk,  Griswold,  Grote,  Gurley,  Hayes,  Hazen,  Hender- 
fihot,  Hinkhouge,  Johrston  of  Pranklin,  Klemme,  Ladd,  Lam- 
bert, Lauder,  Marti,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
MuUin,  Nietert,  Perrott,  Potter,  Scott,  Smith,  Spaulding, 
Temple,  Tibbitis,  Weaver,  Whiltier,  Williams,  Wood,  Mr. 
Speaker— 44. 

The  nays  were: 

Messrs.  Bailey,  Bowen,  Brant,  Clark,  Cornwall,  Crow, 
Doubleday,  Prazee,  Prink,  Good,  Haugen,  Hanger,  Hinman, 
Huntley,  Jay,  Johnson  of  Webster,  Loomis,  Lowry,  McAchran, 


1897.]  JOURNAL  OF  THE  HOUSE.  298 

McDonald,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Nolan,  Parker,  Porter,  Power,  Prentis,  Putnam,  Ray,  Beed, 
Sullivan,  Voelker,  Watters,  Whelan,  Wilson— 36. 

Absent  or  not  voting: 

Messrs.  Brady,  Byington,  Cook,  Gamer,  Hunt,  Lavender, 
Mc Arthur,  McDowell,  McNulty,  McQuin,  Manahan,  Martin, 
Mayne,  Miller  of  Cherokee,  8t.  John,  Thompson,  Van  Houten, 
Wells,  Wheeler— 20. 

So  the  amendment  prevailed. 

Mr.  Bay  moved  to  amend  section  62,  line  8,  by  striking  out 
the  word  ''five,"  as  proposed  by  the  Senate,  and  restoring  the 
word  **six." 

Lost. 

Mr.  Parker  moved  to  amend  section  61,  by  adding  after  the 
word  "auditor"  the  word  * 'surveyor." 

Lost. 

Mr.  Baker  moved  to  amend  section  8,  chapter  5,  line  8,  by 
striking  out  the  word  ''annual"  and  inserting  the  word  "quar- 
terly;" also,  insert  after  the  word  "January,"  in  line  4,  the 
words  "April,  July  and  October." 

Lost. 

Mr.  Baker  moved  to  strike  out  in  line  4,  section  10,  chapter 
6,  the  words  "on  the  first  Monday  in  January  of  each  year," 
and  insert  the  words  "at  the  time  of  making  such  quarterly 
reports." 

Adopted. 

Mr.  Potter  moved  to  amend  chapter  5,  section  6,  by  adding 
after  the  words  "four  hundred,"  in  line  2,  the  words  "or  less." 

Adopted. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Spbakkb — I  am  directed  to  inform  your  honorable  body  tliat  the 
Senate  has  pa&sed  the  foUowing  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked: 

Relative  to  the  removal  of  Sylvester  Scovel,  a  citizen  of  Ohio,  from  the 
province  of  Santa  Clara,  Cnba,  to  the  city  of  Havana. 

UO^CUBBENT  BESOLUTION. 

Whebbab,  The  United  States  Senate  has  unanimously  passed  a  resolu- 
tion introduced  by  the  senior  senator  from  New  York  asking  that 
Sylvester  Scovel,  a  citizen  of  Ohio  and  a  correspondent  of  the  New  York 
World,  now  imprisoned  in  the  province  of  Santa  Clara,  Cuba,  be  removed 
to  the  city  of  Havana,  and  that  he  be  granted  all  the  rights  and  privi- 
leges secured  to  American  citizens  by  treaty  between  Spain  and  the 


294  JOURNAL  OP  THE  HOUSE.  [Fob.  23, 

United  States,   and  requesting  the  secretary  of  state  to   use  his  good 
offices  with  the  Spanish  government  in  behalf  of  ScotcI;  therefore,  be  it 

BesoVoed  by  the  Senate,  the  House  ooncurrlngy  That  we  endorse  the  action 
of  the  United  States  Senate,  and  recommend  speedy  action  upon  the  part 
of  the  secretary  of  state. 

Gko.  a.  Newman, 

Secretary. 
Also: 

Mb.  Speakbr — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

House  file  No.  4,  a  bill  for  an  act  in  relation  to  the  sovereignty  and 
jurisdiction  of  the  State  and  the  Legislative  department. 

Geo.  a.  Newman, 

Secretary. 
Also: 

Mr.  Speaker — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

House  file  No.  5,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  General  Assembly. 

Geo.  a.  Newman, 

Secretary. 

Mr.  Evans  called  up  his  resolution  relative  to  printing  the 
Ckxle  and  asked  leave  to  amend  by  making  the  committee  five 
instead  of  three,  and  composed  of  ''three  from  the  House  and 
two  from  the  Senate." 

Granted. 

Mr.  Haugen  moved  to  add  the  words  ^'atid  others"  after  the 
word  **binder." 

Carried. 

The  resolution  of  Mr.  Evans  was  adopted. 

senate  messages. 

Senate  file  No.  29,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  mines  and  mining,  was  read 
first  and  second  time  and  referred  to  Committee  on  Mines  and 
Mining. 

Senate  file  No.  78,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  procedure  to  reverse,  vacate 
or  modify  judgments,  was  read  first  and  second  time  and 
referred  to  Committee  on  Code  Revision,  Third  Division. 

House  file  No.  68,  with  Senate  amendments,  was  then  taken 
up  and  referred  to  the  Committee  on  School  and  Text  Books. 

The  Senate  resolution  relating  to  Sylvester  Scovel  was 
taken  up  and  adopted  on  motion  of  Mr.  Wood. 


1897.)  JOURNAL  OF  THE  HOUSE.  295 

House  file  No.  68,  with  Senate  amendments  to  title,  also 
to  the  bill,  was  taken  up  and  the  roll  called  on  the  question  of 
concurrence. 

On  the  question,  "Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Corn- 
wall, Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Finch,  Frassee,  Frink,  Punk,  Good,  Oris  wold,  Grote,  Gurley, 
Haugen,  Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Huntley,  Jay,  Johnson  of  Webster,  Johnston  of  Franklin, 
Klemme,  Ladd,  Lauder,  Loomis,  Lowry,  McAchran,  McDon- 
ald, Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morri- 
son of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan, 
Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam,  Ray, 
Reed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Temple, 
Tibbitts,  Voelker,  Waiters,  Weaver,  Wells,  Whelan,  Whittier, 
Williams,  Wilson,  Wood,  Mr.  Speaker — 81. 

The  nays  were : 

None. 

Absent  or  not  voting: 

Messrs.  Brady,  Cook,  Gamer,  Hunt,  Jackson,  Lambert, 
Lavender,  McArthur,  McDowell,  McNulty,  McQuin,  Manahan, 
Marti,  Martin,  Mayne,  Miller  of  Cherokee,  Thompson,  Van 
Houten,  Wheeler— 19. 

So  the  House  concurred. 

House  file  No.  56,  with  Senate  amendments  to  title,  was 
taken  up  and  the  House  concurred. 

House  file  No.  72,  with  Senate  amendments,  was  taken  up 
and  the  roll  call  resulted  as  follows: 

On  the  question,   ''Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Corn- 
wall, Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Frazee,  Frink,  Funk,  Good,  Griswold,  Grote,  Gurley,  Haugen, 
Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt- 
ley, Jay,  Johnson  of  Webster,  Johnston  of  Franklin,  IQemme, 
Ladd,  Lambert,  Lauder,  Loomis,  Lowry,  McAchran,  McDonald, 
Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
6rui*dy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker, 
Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam,  Ray,  Reed, 
Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Temple,  Tibbitts, 


296  JOURNAL  OF  THE  HOUSE.  (Teb.  23, 

Voelker,  Watters,  Weaver,  Wells,  Whelan,  Whittier,  Williams, 
Wilson,  Wood,  Mr.  Speaker— 81. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Brady,  Cook,  Finch,  Gamer,  Hunt,  Jackson,  LAven- 
der,  McArthnr,  McDowell,  McNulty,  McQoin,  Manahan,  Marti, 
Martin,  Mayne,  Miller  of  Cherokee,  Thompson,  Van  Houten, 
Wheeler— 19. 

So  the  House  concurred. 

Mr.  Morrison  of  Keokuk,  moved  to  adjourn  till  2  P.  M. 

Mr.  Early  moved  to  amend  by  making  it  9  a.  m.  to-morrow. 

The  amendment  was  adopted  by  a  vote  of  88  yeas  to  86  nays. 

The  motion  as  amended  was  adopted. 

The  House  then  adjourned. 


1897.]  JOURNAL  OP  THE  HOUSE.  297 


Baia.  of  thb  House  of  Bbprbsbntatiybs,      ) 
Deb  Monncs,  Iowa,  Wednesday,  February  24,  1897.  ) 

The  House  met  at  9  a.  m.  ,  with  Speaker  Byers  in  the  chair. 
Prayer  was  offered  by  Rev.  W.  M.  Todd. 

PETITIONS  AND  MEMORIALS. 

Messrs.  McDonald  and  Crow  presented  petitions  of  citizens 
of  their  respective  counties,  asking  for  a  2-cent  mileage  rate  on 
railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Mr.  McDonald  presented  remonstrance  of  citizens  of  Outhrie 
county,  against  passage  of  a  manufacturing  bill. 
Referred  to  Committee  on  Domestic  Manufactures. 

Mr  McDowell  presented  remonstrance  of  citizens  of  Iowa 
county,  against  reduction  of  fees  for  publishing  legal  notices. 
Referred  to  Committee  on  Printing. 

Mr.  Speaker  presented  petition  of  Shelby  county  institute, 
favoring  the  encouragement  of  beet  sugar  cultivation  and  other 
legislation. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Speaker  presented  petition  of  citizens  of  Shelby  county, 
asking  the  passage  of  amendment  to  section  19,  chapter  8,  of 
election  law. 

Referred  to  Committee  on  Elections. 

REPORT  OF  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Committee  on  Enrolled  Bills,  sub- 
mitted the  following  report: 

Mb.  Speakbb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled.  House  file  No.  53,  a 
bill  for  an  act  to  reTise,  amend  and  codify  the  statutes  in  relation  to  nor- 
mal schools. 

W.  E.  Haugeb, 

Cbairman. 

Ordered  passed  on  file. 


298  JOURNAL  OP  THE  HOUSE.  [Fob.  24, 

Also: 

Mb.  SPEA.KEB— Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled,  House  file  No.  8,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
submission  of  constitutional  amendments. 

W.  E.  Haugbb, 

Chairman 

Ordered  passed  on  file. 
Also: 

Mb.  Spbaebb  —Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled,  House  file  No.  41,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
State  veterinary  surgeon. 

W.  E.  Haugeb, 

Cbairman, 

Ordered  passed  on  file. 
Also: 

Mb.  Spbakeb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled.  House  file  No.  70,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  ten- 
der. 

W.  E.  Haugeb, 

CbairzoAii. 

Ordered  passed  on  file. 

Also: 

Mb.  Speakbb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled.  House  file  No.  39,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
inspection  of  passenger  boats. 

W.  E.  Haugeb, 

Cbairman. 

Ordered  passed  on  file. 

REPORT  OP  JOINT  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hanger,  from  the  Joint  Committee  on  Enrolled  Bills, 
submitted  the  following  report: 

Mb.  Spbakeb— Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  And  correctly  enrolled,!  House  file  No. 
39,  a  bill  for  an  act  to  rcTise,  amend  and  codify  the  statutes  in  relation  to 
the  inspection  of  passengfer  boats. 

G.  S.  Gilbebtson, 
Cbairman  Senate  Committee. 

W.  E.  Haugeb, 
Cbairman  House  Committee. 

Ordered  passed  on  file. 


W7.1  JOURNAL  OP  THE  HOUSE,  299 

Also: 

Ids.  Spbakeb — Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file 
No.  41,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  the  State  veterinary  surgeon. 

G.  S.  GiLBBBTSON, 

Cbairman  Senate  Committee. 

W.  E.  Haugeb, 
Cbairman  House  Committee, 

Ordered  passed  on  file. 
Also: 

Mb.  Speakbb — Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file 
No.  70,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  rela- 
tion to  tender. 

G.  S.  GiLBBBTSON, 

Cbairman  Senate  Committee. 

W.  E.  Haugeb, 
Cbairman  House  Committee. 

Ordered  passed  on  file. 
Also: 

Mb.  Speakbb — Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file 
No.  53,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  the  normal  school. 

G.  S.  GlLBEBTSOir, 

Cbairman  Senate  Committee. 

W.  E.  Haugeb, 
Cbairman  House  Committee. 

Ordered  passed  on  file. 
Also: 

Mb.  Speakbb— Your  Joint  Committee  on  Enrolled  Bills  respectfally 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file  No. 
8,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
the  submission  of  constitutional  amendments. 

G.  S.  GiLBEBTSOK, 

Cbairman  Senate  Committee. 

W.  E.  Haugeb, 
Cbairman  House  Committee. 

Ordered  passed  on  file. 

REPORTS  OF  STANDING  COMMITTEES. 

Mr.  St.  John,  from  the  Committee  on  Agriculture,  submitted 
the  following  report : 

Mb.  Speakeb — Your  Committee  on  Agfriculture,  to  whom  was  referred 
House  file  No.  31,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes 
*n  relation  to  fences,  beg  leave  to  report  that  they  have  had  the  same 


800  JOUBNAL  OF  THE  HOUdS.  [Feb.  24, 

under  oonsideration  and  have  instracted  me  to  report  the  same  back  to 
the  House  with  the  recommendation  that  the  same  do  pass  with  the  fol- 
lowing amendments: 

First.— In  section  2,  line  2,  amend  by  inserting  after  the  word  **rebnild- 
ing"  the  words  "trimming  or  catting  back;"  also,  in  section  2,  line  6, 
amend  by  inserting  after  the  word  *  ^rebuild"  the  words  "trim  or  cut 
back  " 

Seocmd  — Amend  section  3,  line  3,  by  inserting  after  the  word  "rebuild** 
the  words  "trim  or  cat  back." 

TTifrcL-- Amend  section  4,  line  4,  by  inserting  after  the  word  "rebuild- 
lug"  the  words  "trimming  or  cutting  back." 

Fcfwrth  — Amend  by  striking  out  sections  15  and  16. 

Flfttv. — Amend  section  17  by  striking  out  the  number  of  the  section, 
"17,"  and  inserting  in  lieu  thereof  the  number  "15." 

Sixth. — Amend  section  18  by  striking  out  the  number  of  the  section, 
"18,"  and  inserting  in  lieu  thereof  the  number  "16." 

Stvenih, — Amend  section  19  by  striking  out  the  number  of  the  section, 
"19,"  and  inserting  in  lieu  thereof  the  number  "17." 

EigMh. — Amend  by  striking  out  the  marginal  references. 

R.  T.  St.  John, 

Cbairman. 

Ordered  passed  on  file. 

Mr.  Reed,  from  the  Committee  on  School  and  Text  Books, 
submitted  the  following  report: 

Mr.  Speakbb— Your  Committee  on  School  and  Text  Books,  to  whom 
was  referred  House  file  No.  63,  a  bill  for  an  act  to  revise,  amend  and  codify 
the  statates  in  relation  to  the  school  fund,  beg  leave  to  report  that  they 
have  had  the  same  under  coasideration  and  have  instructed  me  to  report 
the  same  back  to  the  House  with  the  recommendation  that  the  House  do 
concur  in  the  Senate  amendment  thereto. 

J.  F.  Rbsd, 
CbBtrm&B. 

Ordered  passed  on  file. 

Also: 

Mb.  SPBAKEBr-Your  Committee  on  School  and  Text  Books,  to  whom 
was  referred  Senate  file  No.  50,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  the  educational  board  of  examiners,  beg 
leave  to  report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tion that  the  same  do  pass. 

J.   F.    RSED, 

CbairmtLn, 

Ordered  passed  on  file. 

Mr.  Beed  asked  that  the  Senate  amendments  to  this  bill  be 
printed  in  the  Journal. 
Granted. 
The  following  are  the  amendments  as  adopted  in  the  Senate : 


i 


1897.]  JOUKNAL  OP  THE  HOUSE.  301 

SBKATE  AMBNBMBNTS. 

Insert  after  the  enacting  clause  the  following:  '* Chapter  16  (of  title  13), 
of  the  school  fund." 

Page  585,  section  3,  line  5,  strike  out  the  word  **auditor**  and  in  lien 
thereof  insert  the  word  ^'treasurer." 

Page  586,  section  3,  line  3,  after  the  word  **Bame*'  strike  out  the  word 
*'in"  and  insert  in  lieu  thereof  the  word  **into.*' 

Page  586,  section  4,  line  10,  strike  out  the  word  ^'auditor"  and  in  lieu 
thereof  insert  the  word  '^treasurer." 

Page  587,  section  6,  line  15,  strike  out  the  word  * 'auditor''  and  in  lieu 
thereof  insert  the  word  '* treasurer." 

In  section  7,  line  5,  strike  out  the  word  "is"  and  insert  the  word  "as"  in 
lieu  thereof. 

Page  588,  section  12,  line  1,  strike  out  the  word  "his"  and  in  lieu  thereof 
insert  the  word  "the." 

« 

Page  588,  section  13,  line  3,  after  the  word  * 'hands"  inserb  the  words  "of 
the  county  treasurer." 

Page  588,  section  13,  line  6,  after  the  word  "to"  insert  the  words  "or 
he  carried  hy." 

Page  589,  section  13,  line  8,  strike  out  the  word  "semi-annually"  and 
in  lieu  thereof  insert  the  word  "annually  " 

Page  589,  section  13,  line  9,  after  the  word  "and"  insert  the  words 
"certify  the  same  to  the  treasurer  who  shall." 

Page  589,  section  13,  line  10,  after  the  word  "dollars"  insert  the  words 
"to  he  paid  to  the  auditor." 

Page  589,  section  14,  line  ],  strike  out  the  words  "in  detail." 

Page 589,  section  14,  line  3,  strikeout  the  word  "the" and  in  lieu  thereof 
insert  the  words  "a  minute  of  such;"  also,  in  same  line  strike  out  the  word 
"spread"  and  in  lieu  thereof  insert  the  word  "entered  " 

In  section  10,  line  1,  strike  out  the  word  "auditor"  and  insert  the  word 
"treasurer"  in  lieu  thereof. 

Page  590,  section  16,  line  3,  after  the  words  "made  to  the,"  strike  out 
the  word  "auditor"  and  in  lieu  thereof  insert  the  word  "treasurer;"  also, 
in  same  line  strike  out  the  word  "proper;"  also,  in  same  line,  after  the 
word  "county,"  insert  the  following:  "upon  a  certificate  from  the  auditor 
showing  the  amount  due;"  also,  in  the  same  line  strike  out  the  words  "who 
as  such"  and  in  lieu  thereof  insert  the  words  "and  the." 

Page  590,  section  16,  line  4,  strike  out  the  word  "he"  and  in  lieu  thereof 
insert  the  words  "The  auditor." 

Page  590,  section  16,  line  7,  after  the  word  "hands"  insert  the  words 
"and  those  of  the  treasurer." 

Page  590,  section  16,  line  8,  after  the  word  "kept,"  change  the  period  to 
semicolon  and  add  the  following:  "and  the  county  treasurer  snail  keep  a 
like  account  and  record  of  all  school  funds  coming  into  his  hands." 

Page  590,  section  17,  lines  8  and  9,  strike  out  the  words  "it  shall  be  bid 
in  for  the  use  of  such  fund,  in  behalf  of  the  State,"  and  in  lieu  thereof 
insert  the  following:  "the  auditor  shall  bid  such  sum  as  the  interests  of 
the  fund  require." 

In  section  17,  line  7,  strike  out  the  words  "ten  per  cent  of  the  recovery" 
and  insert  the  words  "the  amount  as  proyided  by  law  for  attorneys." 

Strike  out  all  underscoring. 


302  JOURNAL  OP  THE  HOUSE.  [Feb.  24, 

Journal  of  yesterday  corrected  and  approved. 

The  Speaker  signed,  in  the  presence  of  the  House,  House 
file  No.  41,  House  file  No.  39,  House  file  No.  70,  House  file  No. 
53,  House  file  No.  8. 

The  House  resumed  the  cdnsideration  of  the  pending  bill, 
Senate  file  No.  3. 

Mr.  Allen  off«^red  the  following  amendment:  In  line  5,  sec- 
tion 10,  chapter  1,  after  the  word  **or"  add  the  words  ''after 
the  expiration  of  five  years. " 

In  the  same  Ime  strike  out  the  words  ''before  said  date;" 
also,  in  line  19,  strike  out  the  words  "before  maturity"  and 
insert  in  lieu  thereof  the  words  "after  the  expiration  of  five 
years. " 

Mr.  Cornwall  offered  the  following  as  a  substitute:  Amend 
section  10,  chapter  i ,  by  striking  out  of  line  5,  after  the  word 
"date,"  lines  6  and  7  except  the  last  two  words;  also,  amend 
said  section  by  striking  out  all  of  lines  12  to  37,  both  inclusive, 
and  insert  in  lieu  thereof  the  following: 

The  county  of ,  in  the  State  of  Iowa,  for  yalne  received,  prom> 

isesto  pay  to  bearer dollars,  lawfnl  money  of  the  United  States  of 

America,  on ,  with interest  on  said  sum  from  the  date  hereof  until 

paid  at  the  rate  of per  centum  per  annum,  payable annually 

on  the  first  day  of and in  each  year  on  presentation  and  sur- 
render of  the  interest  coupons  hereto  attached.  Both  principal  and 
interest  payable  at . 

This  bond  is  issued  by  the  board  of  superyisors  of  said  county  pursuant 
to  the  provisions  of  section  10,  chapter  1  of  the  Code  of  Iowa,  and  in  con- 
formity to  a  resolution  of  said  board  duly  passed.  And  it  is  hereby  certi- 
fied and  recited  that  all  acts,  conditions  and  things  required  by  the  laws 
and  constitution  of  the  State  of  Iowa  to  be  done  precedent  to  and  in  the 
issue  of  the  bond  have  been  properly  done,  happened  and  been  performed 
in  i^gular  and  due  form  as  required  by  law  and  the  total  indebtedness  of 
said  county,  including  this  bond,  does  not  exceed  the  constitutional  or 
statutory  limitations. 

In  testimony  whereof,  said  county,  by  its  board  of  su  pervisors,  haa 
caused  this  bond  to  be  signed  by  the  chairman  of  the  board  and  attested 
by  the  auditor,  with  the  county  seal  attached,  this. .....day  of 


Attest.  Chairman,  Board  of  Superyisors. 


County  auditor, ..county,  Iowa. 

[fobm ] 

The  treasurer  of .. county,  Iowa,  will  pay  to  bearer 

dollars  on..... ,  at for annual  interest 

on  Its . bond  dated .. 

No 

County  Auditor. 

Substitute  adopted. 


1897.]  JOURNAL  OF  THE  HOUSE.  808 

The  committee  amendment  to  line  5,  section  11,  chapter  6, 
was  adopted. 

Mr.  Dowell  offered  the  following  as  a  substitute  for  the  com- 
mittee amendment  to  line  8,  chapter  6,  section  11:  Add  after 
the  word  ' 'county"  the  words  ''and  in  civil  matters  he  shall  be 
allowed  to  retain  the  regular  mileage  collected  by  him." 

Adopted  by  a  vote  of  49  yeas  to  20  nays. 

Mr.  Edwards  moved  to  amend  section  11,  chapter  6,  line  2, 
by  adding  the  word  "thousand"  after  the  words  "twenty- 
eight." 

Adopted. 

The  committee  amendment  to  add  to  section  11»  chapter  6, 
was  adopted. 

Mr.  Chapman  moved  to  amend  section  11,  line  3,  chapter  6, 
by  striking  out  after  the  word  "thousand"  the  words  "twenty- 
three  hundred"  and  insert  in  lieu  thereof  the  words  "two 
thousand;"  also,  by  striking  out  in  line  4  after  the  word 
"thousand"  the  words  "three  thousand"  and  inserii  in  lieu 
thereof  the  words  "twenty  five  hundred." 

On  the  amendment,  Messrs.  Chapman  and  Sallivan  demanded 
the  yeas  and  nays,  which  resulted  as  follows. 

On  the  question,  "Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Allen,  Bailey,  Bell,  Bird  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byiugton,  Chapman,  Clark,  Cornwall, 
Crow,  Davis,  Doubleday,  Early,  Edwards,  Evans,  Finch, 
Frazee,  Friuk,  Funk,  Good,  Griswold,  Gurley,  Haugen, 
Hanger,  Hazen,  Hendershot,  Hinkhouse,  Huntley,  Jay, 
Johnston  of  Franklin,  Klemme,  Lambert,  Lauder,  Loomis, 
liowry,  McAchran,  McDonald,  McDowell,  Marti,  Martin, 
Merriam,  Miller  of  Baena  Vista,  Miller  of  Warren,  Morrison  of 
Grundy,  Mulliu,  Nietert,  Parker,  Perrott.  Porter,  Potter, 
Prentis,  Putnam,  Ray,  Reed,  Scott.  Smith,  Spaulding,  Sulli- 
vao,  Thompson,  Tibbitts,  Van  Houten,  Watters,  Wells, 
Wheeler,  Whelan,  Whittier,  Williams,  Wood,  Mr.  Speaker— 73. 

The  nays  were: 

Messrs.  Classen,  Cook,  Dowell,  Grote,  Ladd,  Lavender, 
Mc Arthur,  Nolan,  Power,  St.  John,  Temple,  Voelker,  Wil- 
son— 18. 

Absent  or  not  voting: 

Messrs.  Baker,  Garner,  Hayes,  Hinman,  Hunt,  Jacksou, 
Johnson  of  Webster,  McNulty,  McQuin,  Manahau,  Mayne, 
Miller  of  Cherokee,  Morrison  of  Keokuk,  Weaver — 14. 


804  JOUKNAL  OP  THE  HOUSB.  [Feb.  24, 

So  the  amendment  prevailed. 

Mr.  St.  John  moved  to  amend  section  22,  chapter  6,  line  1, 
by  striking  out  the  word  ''may"  and  inserting  in  lieu  thereof 
the  word  "shaU." 

LfOst. 

Mr.  Porter  was  called  to  the  chair.  . 

The  committee  amendment  to  section  6,  line  2,  chapter  8, 
was  adopted. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Spbakbb— I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  whioh  the  con  cur- 
rence  of  the  Senate  was  asked: 

House  file  No.  76,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  warehousemen,  carriers,  hotel-keepers,  llyery  stable 
keepers  and  herders. 

Amendments  found  on  pages  643,  644  and  646. 

Geo.  A.  Nbwmait, 

Secretaty. 
Also: 

Mb.  Speakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  Senate  was  asked: 

House  file  No.  83,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  justices  of  the  peace  and  their  courts. 

Gbo.  a.  Nbwman, 

Secretary. 
Also: 

Mb.  Speakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  concurrent  resolution,  in  which  the  con- 
currence of  the  Senate  was  asked: 

Relative  to  printing  and  publishing  the  Code. 

Geo.  a.  Newman, 

Secretary, 

The  committee  amendment  to  chapter  26,  section  3,  of  the 
acts  of  the  Twenty-sixth  General  Assembly,  as  incorporated  in 
the  bill  by  the  Senate,  was  adopted. 

Speaker  Byers  resumed  the  chair. 

Mr.  Martin  moved  to  amend  as  follows:  Amend  section  18, 
chapter  10,  by  adding  thereto  the  words  ''but  said  clerk  shall 
not  receive  to  exceed  one  per  cent  for  handling  said  money. " 

Adopted. 

Mr.  Frink  moved  to  amend  section  84,  line  6,  chapter  10,  by 
adaing  after  the  words  "in  office"  the  words  ''unless  otherwise 
provided  by  law." 

Adopted. 


1897.]  JOURNAL  OF  THE  HOUSE.  305 

Mr.  Evans  moved  to  amend  as  follows:  In  section  19,  chap- 
ter 7,  line  5,  change  the  semicolon  after  '^cents''  to  a  period. 
Strike  out  the  words  ''which  fees  shall  be  paid  out  of  the 
county  treasury." 

Insert  the  following  as  paragraph  5  of  section  19:  ''Which 
fees  shall  be  paid  out  of  the  county  treasury  when  they  cannot 
be  obtained  from  the  estate  of  the  deceased." 

Change  the  number  of  the  next  paragraph  to  "6." 

Adopted. 

Mr.  Martin  moved  to  amend  as  follows:  Add  to  section  11, 
chapter  6,  the  following:  "but  in  no  case  shall  any  sheriff  in 
counties  of  less  population  than  twenty-eight  thousand  inhab- 
itants receive  as  fees,  after  paying  his  deputies,  to  exceed  the 
sum  of  two  thousand  dollars.  All  other  fees  collected  by  him 
shall  be  paid  into  the  county  treasury. " 

Adopted. 

Mr.  Gurley  moved  to  reconsider  the  motion  whereby  the 
committee  amendment  to  add  to  section  11»  chapter  6,  was 
adopted. 

Carried. 

Mr.  Gurley  moved  to  amend  the  committee  amendment  by 
striking  out  the  words  "twelve  hundred"  and  inserting  the 
words  ''fifteen  hundred." 

Adopted. 

Committee  amendment  as  amended  was  adopted. 

Mr.  Loomis  moved  to  amend  chapter  4,  section  9,  as  follows: 
Strike  out  all  of  section  9,  and  substitute  the  following  as  sec- 
tion 9 :  '  'County  treasurers  shall  be  allowed  an  annual  salary 
to  be  fixed  by  the  board  of  supervisors  of  their  respective 
counties  at  their  June  meeting  of  each  odd  numbered  year  as 
follows:  In  counties  having  a  population  of  five  thousand  or 
less,  not  to  exceed  one  thousand  dollars;  in  counties  of  over 
five  thousand  iahabitants  and  under  ten  thousand,  not  to  exceed 
eleven  hundred  dollars;  in  counties  of  over  ten  thousand  inhabit- 
ants and  under  eighteen  thousand,  not  to  exceed  twelve  hundred 
dollars;  in  counties  of  over  eighteen  thousand  inhabitants  and 
under  twenty -five  thousand,  not  to  exceed  thirteen  hundred 
dollars;  and  in  all  counties  of  twenty -five  thousand  inhabitants 
or  more,  not  to  exceed  fifteen  hundred  dollars;  but  in  no  county 
shall  it  be  less  than  nine  hundred  dollars.  Said  salary  shall  be 
paid  monthly  out  of  the  general  fund  of  the  county.    There 

20 


306  .JOURNAL.iOP  THE  'HOUSE.]  [Fob.  24, 

shall  not  be  allowed  tfor  deputy  or  clerk  hire  more  than  the 
amount  provided  in'thejnezt  section." 

Messrs.  'Merriam  and  Lauder  demanded  the  yeas  land  nays 
on  this  amendment,  which  resulted  as  follows: 

On  the  question,  ''Shall  the  amendment  prevail?"' thejyeas 
were: 

Messrs.  Bird,  Brady,  Brighton,  Brinton,  Chapman,  Clark, 
Cook,  Edwards,  Haugen,  Johnston  of  Franklin,  Ladd,  Loomis, 
McArthur,  McDonald,  Martin,  Morrison  of  Keokuk,  Ray, 
Scott,  Spaulding,  Mr.  Speaker — 20. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Bowen,  Brant,  Byington,  Classen, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Evans, 
Finch,  Frazee,  Frink,  Funk,  Good,  Griswold,  Grote,  Gurley, 
Hauger,  Hazen,  Hendershot,  Hinkhouse,  Huntley,  D  Jay, 
Johnson  of  Webster,  Klemme,  Lambert,  Lauder,  Lavender, 
Lowry,  McAchran,  McDowell,  Marti,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Mullin,  Nietert,  Nolan,  Parker, 
Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam,  Reed, 
Smith,  St.  John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Van 
Houten,  Voelker,  Watters,  Wells,  Wheeler,  Whelan,  Whittier, 
Williams,  WUson,  Wood— 67. 

Absent  or  not  voting: 

Mr.  Baker,  Garner,  Hayes,  Hinman,  Hunt,  Jackson, 
McNulty,  McQuin,  Manahan,  Mayne,  Miller  of  Cherokee, 
Morrison  of  Grundy,  Weaver — 13. 

So  the  amendment  was  lost 

MESSAGE  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mr.  Spbakeb — I  am  directed  to  inform  jour  honorable  body  that  the 
Senate  has  passed  the  following  bill,  in  which  the  concurrence  of  the 
Honse  is  asked: 

Substitute  for  Senate  file  No.  83,  a  biU  for  an  act  to  amend  section  1967 

of  the  Code  of  Iowa  of  1873,  as  amended  [by  chapter  49  of  the  acts  of  the 

Twenty-fifth  General  Assembly. 

Gbo.  a.  NiwMAir, 


REPORT  OP  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  Ciommittee  on  Enrolled  Bills,  submitted 
the  following  report: 

Mb.  Speakkb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  haye  this  day  sent  to  the  Ooyemor  for  his  approral: 

House  file  No.  39,  a  bill  for  an  act  to  reyise,  amend  and  codify  the 
statutes  in  relation  to  inspection  of  passenger  boats. 


1887.]  JOURNAL  OP  THE  HOUSE.  807 

Also: 

House  file  No.  41,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  the  State  yeterinarj  surgeon. 

Also: 

House  file  No.  53,  a  bill  for  an  aet  to  reyise,  amend  and  codify  the 
statutes  in  relation  to  the  normal  school. 

Also: 

House  file  No.  8,  a  bill  for  an  act  to  revise,  amend  and  codify  the  stat- 
utes in  relation  to  the  submission  of  constitutional  amendments. 

Also: 

House  file  No.  70,  a  bill  for  an  act  to  reyise,  amend  and  codify   the 
statutes  in  relation  to  tender. 

W.  E.  HAuesB, 

Chasrtnajs, 

On  motion  of  Mr.  Whelan,  the  House  adjourned  until  2  p.  m. 


AFTERNOON  SESSION. 


The  House  met  at  2  p.  m.  ,  pursuant  to  adjournment,  with 
Speaker  Byers  in  the  chair. 

Mr.  Finch  offered  the  following  amendment  to  the  pending 
bill:  Senate  file  No.  3,  chapter  4,  add  to  section  1,  ''and  shall 
on  Monday  of  each  week  file  with  the  auditor  a  statement  in 
writing,  showing  the  amount  of  money  in  his  hands  as  such 
treasurer  at  the  close  of  each  day  during  the  preceding  week, 
also  showing  where,  with  whom,  and  the  amount  of  such 
money  on  deposit  at  the  close  of  said  days  with  any  person  or 
company.  The  auditor  shall  file  said  statement,  which  shall  be 
open  to  public  examination.  Any  person  or  company  receiving 
said  deposits  shall  upon  written  request  of  any  member  of  the 
board  of  supervisors  make  a  statement  in  writing  to  the  auditor 
showing  the  daily  balance  of  said  treasurer  for  the  last  ten  days 
preceding  said  report. " 

Adopted. 

Mr.  Johnston  of  Franklin  moved  to  amend  as  follows: 
Amend  by  striking  out  the  words  ''seventeen  thousand"  in 
line  4,  section  32,  on  page  97  of  the  Black  Code,  and  insert  m 
lieu  thereof  "thirteen  thousand  five  hundred." 

Lost. 


808  JOUKNAL  OF  THE  HOUSE.  [Feb.  24, 

Mr.  Ladd  moved  to  amend  chapter  4,  section  9,  paragraph 
5,  as  follows:  Insert  after  the  word  ''year,"  in  line  11,  llie 
words  ''in  counties  having  a  population  of  twenty- five  thou- 
sand and  over;"  also,  strike  out  of  line  12  the  word  "ten"  and 
insert  the  word  "fifteen"  in  lieu  thereof.  In  the  same  line 
strike  out  the  word  "thirteen"  and  insert  the  word  "twelve;" 
after  the  word  "dollars,"  in  same  line,  insert  the  words  "and 
in  counties  having  a  population  of  less  than  twenty-five  and 
over  fifteen  thousand  the  salary  shall  not  exceed  thirteen  hun- 
dred dollars." 

Messrs.  Merriam  and  Haugen  demanded  the  yeas  and  'Uays, 
which  resulted  as  follows: 

On  the  question,  "Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Brady,  Brighton,  Chapman,  Clark,  Evans,  Finch, 
Grote,  Gurley,  Haugen,  Hinkhouse,  Huntley,  Ladd,  Loomis, 
McAchran,  Mc Arthur,  McDonald,  Martin,  Morrison  of  Keokuk, 
Porter,  Ray,  Scott,  Smith,  Spaulding,  Tibbitts,  Van  Houten, 
Wells,  Mr.  Speaker— 27. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Baker,  Brant,  Brinton,  Byington, 
Classen,  Cook,  Cornwall,  Crow,  Davis,  Doubleday,  Dowell, 
Early,  Edwards,  Frazee,  Frink,  Good,  Griswold,  Hanger, 
Hayes,  Hazen,  Hendeishot,  Johnson  of  Webster,  Johnston  of 
Franklin,  Klemme,  Lauder,  Lavender,  Lowry,  McDowell, 
McNulty,  Marti,  Merriam,  Miller  of  Warren,  Morrison  of 
Grundy,  MuUin,  Nietert,  Parker,  Perrott,  Porter,  Potter, 
Power,  Prentis,  Reed,  St.  John,  Sullivan,  Temple,  Thompson 
Voelker,  Watters,  Wheeler,  Whelan,  Whittier,  Williams,  Wil- 
son, Wood — 55. 

Absent  or  not  voting: 

Messrs.  Bell,  Bird,  Bowen,  Funk,  Gamer,  Hinman,  Hunt, 
Jackson,  Jay,  Lambert,  McQuin,  Manaban,  Mayne,  Miller  of 
Buena  Vista,  Miller  of  Cherokee,  Nolan,  Putnam,  Weaver — 18. 

So  the  amendment  was  lost. 

Mr.  Klemme  moved  to  add  to  section  85,  chapter  2,  the  fol- 
lowing: "And  in  addition  shall  receive  ten  cents  for  each 
hundred  dollars  that  he  is  able  to  uncover  that  was  not  given 
in  previous  assessments  by  same  parties." 

Lost. 


1897.]  JOURNAL  OP  THE  HOUSE.  809 

Mr.  Bird  moved  to  reconsider  the  vote  by  which  the  words 
'  'fifty  cents"  were  changed  to  ^  'one  dollar"  in  section  49,  chapter  2. 

Mr.  Ladd  seconded  the  motion. 

Tiie  motion  to  reconsider  was  carried. 

The  motion  to  strike  out  the  words'  'fifty  cents'*  and  insert  "one 
doUar"  was  then  put  and  lost  by  a  vote  of  36  yeas  to  44  nays. 

Mr..  Frink  moved  to  amend  as  follows:  Amend  by  adding  at 
the  end  of  section  22,  "each  member  shall  receive  as  compensa- 
tion the  sum  of  $25.00,  annually,  to  be  paid  out  of  the  county 
treasury." 

After  discussion  Mr.  Frink  asked  leave  to  withdraw  the 
amendment,  which  was  granted. 

Mr.  Haugen  moved  to  amend  as  follows :  In  section  10,  line  10, 
chapter  4,  strike  out  the  word '  'shall"  and  insert  the  word'  *may. " 

Adopted. 

Mr.  Frink  moved  to  reconsider  the  vote  whereby  section  32, 
chapter  2,  line  15,  was  amended. 

Mr.  McDonald  seconded  the  motion. 

The  motion  to  reconsider  was  lost. 

Mr.  Classen  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  read  a  third  time  now,  which  motion  prevailed  and  the 
bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hendershot,  Hink- 
house,  Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Franklin, 
Elemme,  Ladd,  Lambert,  Lauder,  Lavender,  Loomis,  Lowry, 
McAchran,  Mc Arthur,  McDonald,  McDowell,  McNulty,  Marti, 
Martin,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert, 
Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam,  Ray, 
Reed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Temple, 
Thompson,  Tibbitts,  Voelker,  Watters,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 88. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Bowen,  Gamer,  Hinman,  Hunt,  Huntley,  McQuin, 
Manahan,  Mayne,  Miller  of  Cherokee,  Nolan,  Van  Houten, 
Weaver— 12. 


810  JOURNAL  OP  THE  HOUSE.  fFftb.  24, 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Parker  called  up  House  file  No.  55,  with  Senate  amend- 
ments, and  moved  that  the  House  concur  in  the  amendments  of 
the  Senate. 

On  the  question,  ^ 'Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Evans, 
Pinch,  Frazee,  Frink,  Funk,  Good,  Griswold,  Grote,  Gurley, 
Haugen,  Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse, 
Huntley,  Jackson,  Johnson  of  Webster,  Johnston  of  Franklin, 
Klemme,  Ladd,  Lambert,  Lauder,  Lavender,  Loomis,  Lowry, 
McAchran,  McArthur,  McDonald,  McDowell,  McNulty,  Marti, 
Martin,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam,  Ray, 
Reed,  Scott,  Smith,  SpaiQding,  St.  John,  Sullivan,  Temple, 
Thompson,  Tibbitts,  Voelker,  Watters,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 87. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Bowen,  Edwards,  Garner,  Hinman,  Hunt,  Jay, 
McQuin,  Manahan,  Mayne,  Miller  of  Cherokee,  Nolan,  Van 
Houten,  Weaver — 13. 

So  the  House  concurred. 

Senate  file  No.  88,  a  bill  for  an  act  to  legalize  acknowledg- 
ments of  instruments  in  writing  heretofore  taken  by  notaries 
public,  was  taken  up  and  read  first  and  second  time. 

On  motion  of  Mr.  Cornwall,  rule  48  was  suspended  and  the 
bill  considered  now. 

Mr.  Cornwall  moved  that  the  rule  be  suspended,  and  that 
the  bill  be  read  a  third  time  now,  which  motion  prevailed  and 
the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Evans, 
Finch,  Frink,  Funk,  Good,  Griswold,  Grote,  Gurley,  Hauger, 
Hazen,  Hendershot,  Hinkhouse,  Jackson,  Jay,  Johnston  of 
Franklin,  Klemme,  Lambert,  Lauder,  Lavender,  Loomis, 
Lowry,  McAchran,  McArthur,  McDonald,  McDowell,  McNulty, 


1897.]  .    r:.     JOURNAL- OPffTHE  IHOUSE.  311 

Marti,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Mul- 
lin,  Nietert,  Parker,  Perrott,  Porter,  Potter,   Power,  Prentis, 
Putnam,    Ray,    Beed,    Scott,    Smith,    Spaulding,    St.   John, 
Thompson,  Tibbitts,  Watters,  Wells,  Wheeler,  Whelan,  Whit 
tier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 76. 

Mr.  Temple  voted  in  the  negative. 

Absent  or  not  voting: 

Messrs.  Bowen,  Edwards,  Frazee,  Garner,  Haugen,  Hayes, 
Hinman,  Hunt,  Huntley,  Johnson  of  Webster,  Ladd,  McQuin, 
Manahan,  Martin,  Mayne,  Miller  of  Cherokee,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  Nolan,  Sullivan,  Van  Houten, 
Voelker,  Weaver — ^23. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Temple  from  the  First  Division  Code  Revision  Com- 
mittee, asked  to  have  House  file  No.  17  re-referred  to  said 
committee. 

Granted. 

On  motion  of  Mr.  Davis,  Senate  file  No.  86,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  the  prac- 
tice of  dentistry,  was  taken  up  and  considered. 

Mr.  Gurley  moved  to  amend  line  5,  section  1,  by  striking 
out  the  word  ''five"  and  insert  the  word  **three." 

Mr.  Merriam  moved  that  this  bill  be  recommitted  to  Com- 
mittee on  Pharmacy. 

Carried. 

Mr.  Brighton  moved  to  adjourn  until  9  a.  m.  to-morrow. 

Lost. 

On  motion  of  Mr.  Reed,  Senate  file  No.  50,  a  bill  for  an  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
educational  board  of  ezammers,  with  report  of  committee 
recommending  passage,  was  taken  up,  considered  and  the 
report  of  the  committee  adopted. 

Mr.  Reed  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  read  a  third  time  now,  which  motion  prevailed  and  the 
bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brighton, 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cornwall,  Crow, 
Davis,  Doubleday,  Dowell,  Early,  Edwards,  Evans,  Finch, 
Frazee,  Frink,  Funk,  Good,  Griswold,  Grote,  Haugen,  Hauger, 
Hayes,  Hazen,  Hendershot,  Hinkhouse,  Huntley,  Jackson,  Jay, 
Johnson  of  Webster,  Johnston  of  Franklin,  Klemme,   Ladd, 


812  JOURNAL  OP  THE  HOUSE.  [Feb.  24, 

Lambert,  Lauder,  Lavender,  Loomis,  Lowry,  McAchran, 
McArthur,  McDonald,  McDowell,  McNulty,  Marti,  Merriam, 
Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy, 
Morrison  of  Keokuk,  MuUin,  Nietert,  Nolan,  Parker,  Perrott, 
Porter,  Potter,  Power,  Prentis,  Putnam,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  St.  John,  Tibbitts,  Van  Houten,  Voelker, 
Watters,  Wells,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Wood,  Mr.  Speaker — 84. 

Mr.  Thompson  voted  in  the  negative. 

Absent  or  not  voting: 

Messrs.  Baker,  Brant,  Cook,  Gkumer,  Gurley,  Hinman,  Hunt, 
McQuin,  Manahan,  Martin,  Mayne,  Miller  of  Cherokee,  Sulli- 
van, Temple,  Weaver — 15. 

So  the  bill  passed  and  title  was  agreed  to. 

On  motion  of  Mr.  St.  John,  House  file  No.  31,  a  bill  for  act 
to  revise,  amend  and  codify  the  statutes  in  relation  to  fences, 
with  report  of  committee  recommending  passage  with  amend- 
ments, was  taken  up,  considered  and  the  amendments  of  the 
committee  adopted. 

Mr.  Spaulding  moved  to  amend  section  4,  line  8,  between 
words  **for"  and  "said,"  by  inserting  the  word  "double." 

Adopted. 

Mr.  Tibbitts  moved  to  amend  section  14  by  striking  out  the 
word  ''tliree,"  where  it  occurs  in  lines  1  and  8,  and  insert  in 
lieu  thereof  the  word  "four." 

Lost. 

Mr.  St.  John  moved  to  amend  line  8,  section  14,  by  striking 
out  .the  word  "three"  andcinserting  the  words  "four"  in  lieu 
thereof. 

Lost. 

Mr.  Prink  moved  to  amend  by  adding  after  the  word  "year," 
in  section  1,  line  4,  the  words  "and  if  said  fence  be  a  hedge 
the  owner  thereof  shall  trim  or  cut  back  once  in  two  years  to 
within  five  feet  of  the  ground." 

Adopted. 

Mr.  St.  John  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brighton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Corn- 
wall,   Crow,    Doubleday,    Dowell,    Edwards,    Evans,  Pinch, 


1897.]  JOURNAL  OP  THE   HOUSE.  813 

Prink,  Punk,  Good,  Griswold,  Grote,  Gurley,  Haugen,  Hanger, 
Hayes,  Hazen,  Hendershot,  Hinkbouse,  Huntley,  Jackson,  Jay, 
Johnson  of  Webster,  Jobnstoa  of  Pranklin,  Klemme,  Lambert, 
Lauder,  Lavender,  Loomis,  Lowry,  McAchran,  McArthur, 
McDonald,  McDowell,  McNulty,  Marti,  Marti  a,  Merriam,  Mil- 
ler of  Baena  Vista,  Miller  of  Warren,  Morrison  of  Grundy, 
Morrison  of  Keokuk,  Mullio,  Nietert,  Nolan,  Parker,  Perrott, 
Porter,  Potter,  Power,  Prentis,  Putnam,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  St.  John,  Sullivan,  Temple,  Thompson, 
Tibbitts,  Van  Houten,  Voelk^r,  Watters,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 86. 

The  nay  were: 

None. 

Absent  or  not  voting : 

Messrs.  Brant,  Brintoo,  Davis,  Early,  Frazee,  Gamer,  Hin- 
man,  Hunt,  Ladd,  McQuin,  Manahao,  Mayne,  Miller  of  Chero- 
kee, Weaver — 14. 

So  the  bill  passed  and  the  title  was  agreed  to. 

House  file  No.  58,  with  Senate  amendments,  was  taken  up 
and  considered. 

Mr.  Brinton  moved  that  the  House  concur  in  Senate  amend- 
ments. 

On  the  question,  ''Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brighton,  Brinton,  Byington,  Chapman,  Classen,  Cook,  Corn- 
wall, Crow,  Doubleday,  Dowell,  Edwards,  Evans,  Finch, 
Frazee,  Frink,  Funk,  Good,  Griswold,  Grote,  Gurley,  Hanger, 
Hayes,  Hazen,  Hendershot,  Hinkhouse,  Huntley,  Jackson, 
Jay,  Johnson  of  Webster,  Johnston  of  Franklin,  Klemme, 
Lambert,  Lauder,  Lavender,  Loomis,  Lowry,  McAchran, 
McArthur,  McDonald,  McDowell,  McNulty,  Marti,  Martin, 
Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter.  Potter, 
Power,  Prentis,  Putnam,  Bay,  Beed,  Scott,  Smith,  Spaulding, 
St.  John,  Sullivan,  Temple,  Tnompson,  Tibbitts,  Van  Houten, 
Voelker,  Watters,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wilson,  Wood,  Mr.  Speaker — 84. 

The  nays  were: 

None. 


814  JOURNAL  OP  THE  HOUSE.  [Feb.  24, 

Absent  or  not  voting: 

Messrs.  Brant,  Clark,  Davis,  Early,  Gamer,  Haugen,  Hin- 
man,  Hunc,  Ladd,  McQuin,  Manahan,  Mayne,  Merriam,  Miller 
of  Bnena  Vista,  Miller  of  Cherokee,  Weaver — 16. 

So  the  House  concurred. 

House  file  No.  5,  with  Senate  amendments,  was  taken  up  and 
the  roll  call  on  the  question  of  concurrence  resulted  as  follows: 

On  the  question,  ''Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Bailey,  Baker,  Bowen,  Brighton,  Brinton,  Chapman, 
Clark,  Frazee,  Frink,  Good,  Gurley,  Hinkhouse,  Klemme, 
McDonald,  Parker,  Bay,  Scott,  Spaulding,  St.  John,  Van 
Houten,  Watters — ^21. 

The  nays  were: 

Messrs.  Allen,  Bell,  Bird,  Brady,  Byington,  Classen,  Cook, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Funk,  Griswold,  Grote,  Haugen,  Hanger,  Hayes, 
Hazen,  Hendershot,  Huntley,  Jackson,  Jay,  Johnston  of  Frank- 
lin, Lambert,  Lauder,  Lavender,  Loomis,  Lowry,  McAchran, 
McArthur,  McDowell,  McNulty,  Marti,  Martin,  Merriam,  Miller 
of  Warren,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Perrott, 
Porter,  Potter,  Power,  Prentis,  Putnam,  Reed,  Smith,  Sullivan, 
Temple,  Thompson,  Tibbitts,  Voelker,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Wood— 65. 

Absent  or  not  voting: 

Messrs.  Brant,  Gamer,  Hinman,  Hunt,  Johnson  of  Webster, 
Ladd,  McQuin,  Manahan,  Mayne,  Miller  of  Buena  Vista,  Miller 
of  Cherokee,  Morrison  of  Grundy,  Weaver,  Mr.  Speaker — 14. 

So  the  House  refused  to  concur. 

Mr.  Putnam  moved  to  adjourn  till  9  a.  m.  to-morrow. 

Mr.  Parker  moved  to  amend  the  motion  by  making  it  8  a.  m. 

Messrs.  Cornwall  and  Wood  demanded  the  yeas  and  nays  on 
this  amendment,  which  resulted  as  follows : 

On  the  question,  ''Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Allen,  Bailey,  Bird,  Brady,  Brinton,  Byington,  Clark, 
Classen,  Cornwall,  Dowell,  Frink,  Good,  Haugen,  Hanger, 
Hazen,  Huntley,  Johnston  of  Franklin,  Klemme,  Lauder, 
Loomis,  McAchran,  McDonald,  McDowell,  Martin,  Merriam, 
Morrison  of  Keokuk,  Mullin,  Nietert,  Parker,  Perrott,  Prentis, 
Ray,  Beed,  Scott,  Smith,  St.  John,  Thompson,  Van  Houten, 
Voelker,  Watters,  Wells,  Whittier,  Williams,  Wilson,  Wood, 
Mr.  Speaker — 46. 


1897.]  JOURNAL  OF  THE  HOUSE.  816 

The  nays  were: 

Messrs.  Baker^  Bell,  Bowen,  Brighton,  Chapman,  Cook, 
Crow,  Davis,  Doubleday,  Early,  Edwards,  Evans,  Finch,  Frazee, 
Funk,  Griswold,  Grote,  Gurley,  Hayes,  Hendershot,  Hink- 
house,  Jackson,  Jay,  Johnson  of  Webster,  Ladd,  Lambert, 
liavender,  Loomis,  McArthur,  McNulty,  Marti,  Miller  of  War- 
ren, Morrison  of  Grundy,  Nolan,  Porter,  Potter,  Power,  Put- 
nam, Spaulding,  Sullivan,  Temple,  Tibbitts,  Wheeler,  Whelan 
—44. 

Absent  or  not  voting: 

Messrs.  Brant,  Gamer,  Hinman,  Hunt,  McQuin,  Manahan, 
Mayne,  Miller  of  Buena  Vista,  Miller  of  Cherokee,  Weaver — 10. 

So  the  amendment  prevailed. 

The  motion  as  amended  carried,  and  the  House  adjourned. 


816  JOUKNAL  OP  THE  HOUSE.  [Feb,  25, 


Hall  of  thk  House  of  BspsBSSNTATiyss,     ) 
Dbs  Moinbb,  Iowa,  Thursday,  February  25,  1897.  I 

The  House  met  at  8  a.  m.,  pursuant  to  adjournment,  with 
Speaker  Byers  in  the  chair. 

Prayer  was  offered  by  Rev.  A.  L.  Golden  of  Des  Moines. 

PETITIONS  AND   MEMORIALS. 

Mr.  Haugen  presented  petition  of  citizens  of  Worth  county, 
asking  for  a  2cent  mileage  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  (Commerce. 

Mr.  Allen  presented  petition  of  citizens  of  Van  Buren  county, 
asking  the  repeal  of  sections  2  and  3,  chapter  68,  acts  of  the 
Twenty-fourth  Geoeral  Ass^embly,  relating  to  steam  engines  on 
highways. 

Referred  to.  Committee  on  Roads  and  Highways. 

Mr.  Brant  presented  petition  of  citizens  of  Linn  county,  ask- 
ing for  a  2- cent  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

The  House  took  up  for  consideration  House  file  No.  76,  with 
Senate  amendments. 

Mr.  Cornwall  moved  that  the  House  concur  in  Senate  amend- 
ments. 

On  the  question,  ''Shall  the  House  concur?"  the  yeas  were: 
Messrs.  Allen,  Bailey,  Baker,  Bird,  Brady,  Brinton,  Bying- 
ton,  Chapman,  Clark,  CJassen,  Cook,  Cornwall,  Crow,  Double- 
day,  Dowell,  Early,  Edwards,  Evans,  Pinch,  Frazee,  Prink, 
Funk,  Good,  Gurley,  Hauger,  Hazen,  Hendershot,  Hinman, 
Huntley,  Johnstdh  of  Franklin,  Elemme,  Ladd,  Lambert, 
Loomis,  McAchran,  McDonald,  McDowell,  Marti,  Martin, 
Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
MuUin,  Nietert,  Parker,  Perrott,  Porter,  Potter,  Putnam, 
Reed,  Scott,  Smith,  St.  John,  Thompson  Tibbitts,  Van  Houten, 
Voelker,  Watters,  Wells,  Whittier,  Williams,  Wilson,  Mr. 
Speaker— -63. 


1897.]  JOURNAL  OP  THE  HOUSE.  817 

The  nays  were: 

Messrs.  Brighton,  Merriam,  Prentis,  Whelan — i. 

Absent  or  not  voting: 

Messrs.  Bell,  Bowen,  Brant,  Davis,  Garner,  Griswold,  Grote, 
Haugen,  Hayes,  Hinkhouse,  Hunt,  Jackson,  Jay,  Johnson  of 
Webster,  Lauder,  Lavender,  Lowry,  Mc Arthur,  McNulty, 
McQuin,  Manahan,  Mayne,  Miller  of  Buena  Vista,  Miller  of 
Cherokee,  Nolan,  Power,  Bay,  SpauldiDg,  Sullivan,  Temple, 
Weaver,  Wheeler,  Wood — 38. 

So  the  House  concurred. 

House  file  No.  73,  with  Senate  amendments,  was  next  taken  up. 

Mr.  Allen  moved  that  the  House  concur  in  the  Senate 
am^endments. 

There  being  three  amendments,  the  roll  was  called  on  the 
concurrence  in  the  first  and  second  amendments. 

On  the  question,  ''Shall  the  House  concur  in  the  first  and 
second  amendments?"  the  yeas  were: 

Messrs.  AUen,  Bailey,  Baker,  Bird,  Bowen,  Brady,  Brant, 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall, 
Crow,  Doubleday,  Dowell,  Early,  Edwards,  Evans,  Frazee, 
Prink,  Punk,  Good,  Gurley,  Haugen,  Hauger,  Hazen,  Hender- 
shot,  Hinkhouse,  Hinman,  Hunt,  Huntley,  Johnston  of  Prank- 
lin,  Klemme,  Ladd,  Lambert,  Loomis,  Lowry,  McAchran, 
McDonald,  McDowell,  Marti,  Martin,  Merriam,  Miller  of 
Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nieterfc,  Parker,  Perrott,  Porter,  Potter,  Prentis,  Putnam, 
Reed,  Scott,  Smith,  St.  John,  Thompson,  Tibbitts,  Van  Houten, 
Voelker,  Watters,  Wells,  Whittier,  Williams,  Wilson,  Mr. 
Speaker— 70. 

The  nays  were : 

Messrs.  Pinch  and  Whelan — 2. 

Absent  or  not  voting: 

Messrs.  BeU,  Brighton,  Davis,  Garner,  Griswold,  Grote, 
Hayes,  Jackson,  Jay,  Johnson  of  Webster,  Lauder,  Lavender, 
McArthur,  McNulty,  McQuin,  Manahan,  Mayne,  Miller  of 
Buena  Vista,  Miller  of  Cherokee,  Nolan,  Power,  Ray,  Spauld- 
ing,  Sullivan,  Temple,  Weaver,  Wheeler,  Wood — 28. 

So  the  House  concurred  in  the  first  and  second  amendments. 

The  roll  was  then  called  on  the  question  of  concurrence  in 
the  third  amendment  of  the  Senate,  which  was  to  strike  out 
section  17. 


818  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

The  result  was  as  follows: 

On  the  question,  ^ 'Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Bird,  Brighton,  Classen,  Doubleday,  Early, 
Evans,  Huntley,  Parker,  Porter,  Putnam,  Voelker,  Whelan, 
Wilson — 14. 

The  nays  were: 

Messrs.  Bailey,  Bowen,  Brady,  Brant,  Brinton,  Byington, 
Chapman,  Clark,  Cook,  Cornwall,  Crow,  Dowell,  Early, 
Edwards,  Pinch,  Frazee,  Prink,  Funk,  Grood,  Grote,  Gurley, 
Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hunt, 
Johnson  of  Webster,  [Johnston  of  Franklin,  Elemme,  Ladd, 
Lambert,  Loomis,  Lowry,  McA.chran,  McDonald,  McDowell, 
Marti,  Martin,  Merriam,  Miller  of  Warren,  Morrison  of  Grundy, 
Morrison  of  Keokuk,  MuUin,  Nietert,  Perrott,  Potter,  Prentis, 
Ray,  Beed,  Scott,  Smith,  Tibbitts,  Van  Houten,  Watters,  Wells, 
Whittier,  Williams,  Mr.  Speaker— 67. 

Absent  or  not  voting: 

Messrs.  Baker,  Bell,  Davis^  Gamer,  Griswold,  Hayes,  Hin- 
man,  Jackson,  Jay,  Lauder,  Lavender  McArthur,  McNulty, 
McQuin,  Manahan,  Mayne,  Miller  of  Buena  Vista,  Miller  of 
Cherokee,  Nolan,  Power,  Spaulding,  St.  John,  Sullivan, 
Temple,  Thompson,  Weaver,  Wheeler,  Wood — 28. 

So  the  House  refused  to  concur. 

House  file  No.  67,  with  Senate  amendments,  was  taken  up. 

Mr.  Van  Houten  moved  that  the  House  concur  in  Senate 
amendments. 

On  the  question,  ''Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Doubleday,  Dowell,  Early,  Edwards,  Evans, 
Finch,  Frazee,  Frink,  Funk,  Good,  Grote,  Gurley,  Haugen, 
Hauger,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt, 
Huntley,  Johnston  of  'Franklin,  Klemme,  Ladd,  Lambert, 
Loomis,  Lowry,  McAchran,  McDonald,  McDowell,  Marti, 
Martin,  Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren, 
Morrison  of  Grundy,  Morrison  of  Keokuk,  MuUin,  Nolan, 
Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam, 
Ray,  Heed,  Scott,  Smith,  Sullivan,  Thompson,  Tibbitts,  Van 
Houten,  VoeJker,  Watters,  Wells,  Whelan,  Whittier,  Williams, 
Wilson,  Mr.  Speaker— 77. 

The  nays  were: 

None. 


1897.]  JOURNAL  OF  THE  HOUSE.  819 

Absent  or  not  voting: 

Messrs.  Baker,  Davis,  Gamer,  Griswold,  Hayes,  Jackson, 
Jay,  Johnson  of  Webster,  Lauder,  Lavender,  McArthur,  Mc- 
Niilty,  McQain,  Manahan,  Mayne,  Miller  of  Cherokee,  Nietert, 
Spaulding,  St.  John,  Temple,  Weaver,  Wheeler,  Wood— 28. 

So  the  House  concurred. 

On  motion  of  Mr.  Reed,  House  file  No.  68,  a  bill  for  an  act  to 
revise,  amend  and  codify  the  statutes  in  relation  to  the  school 
fund,  with  Senate  amendments  and  with  report  of  committee 
recommending  that  Senate  amendments  be  concurred  in,  was 
taken  up  and  considered. 

Mr.  Heed  moved  that  House  concur  in  Senate  amendments. 

On  the  question,  ''Shall  the  House  concur  ?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brant,  Brighton, 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall, 
Crow,  Doubleday,  Dowell,  Early,  Edwards,  Evans,  Finch, 
Frazee,  Frink,  Funk,  Gkxxl,  Griswold,  Grote,  Gurley,  Haugen, 
Hanger,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  John- 
son of  Webster,  Johnston  of  Franklin,  Kiemme,  Ladd,  Lambert, 
Loomis,  Lowry,  McAchran,  McDowell,  McNulty,  McQuin, 
Marti,  Martin,  Merriam,  Miller  of  Buena  Vista,  Miller  of  War- 
ren, Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert, 
Nolan,  Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Ray,  Beed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan, 
Thompson,  VanHouten,  Voelker,  Watters,  Wells,  Wheeler, 
Whelan,  Whittier,  Williams,  Wilson,  Mr.  Speaker — 81. 

Mr.  Huntley  voted  in  the  negative. 

Absent  or  not  voting: 

Messrs.  Baker,  Brady,  Davis,  Gamer,  Hayes,  Jackson,  Jay, 
Lauder,  Lavender,  McArthur,  McDonald,  Manahan,  Mayne, 
Miller  of  Cherokee,  Temple,  Tibbitts,  Weaver,  Wood— 18. 

So  the  House  concurred. 

REPORT   OF  COMMITTEE. 

Mr.  Temple,  from  the  Committee  on  Code  Revision,  Division 
No.  1,  submitted  the  following  report: 

Mb.  Sfeakeb — Your  Committee  on  Code  Revision,  Division  No.  1,  to 
whom  was  referred  House  file  No.  17,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  agricultural  and  horticultural  socie- 
ties and  stockbreeders'  associations,  b%g  leave  to  report  that  they  have  had 
the  same  under  consideration  and  have  instructed  me  to  report  the  same 
back  to  the  House  with  the  recommendation  that  the  same  do  pass  with 
amendments,  as  follows: 

Amend  section  7  of  chapter  3,  page  312,  by  striking  out  of  line  2  the 
words  *'or  adjoining  counties." 


820  JOURNAL  OP  THE  HOUSE.  [Feb.  25, 

Amend  section  13,  chapter  3,  page  313,  by  adding  at  the  end  thereof  the 
wordi  **or  unless  the  former  name  is  given.*' 

Amend  section  21,  chapters,  page  315,  by  striking  out  of  line  4  the  word 
"awarded*'  and  substituting  therefor  the  word  "offer." 

Amend  section  23,  chapter  3,  page  315,  by  inserting  in  line  3  after  the 
word  "year**  the  following:  "Which  institute  may  be  adjourned  from 
time  to  time  and  place  to  place  in  said  county.*' 

Amend  same  section  by  inserting  at  the  end  of  line  6  the  words  "not  to 
exceed.** ' 

Amend  same  section  by  adding  at  the  end  thereof  the  words:  "no 
officer  of  any  such  farmers*  institute  shall  receive  any  pay,  directly  or  indi- 
rectly, from  said  State  fund  for  services  as  such  officer.** 

Amend  section  24  by  adding  at  the  end  thereof  the  words  "in  case  two 
or  more  organizations  shall  claim  recognition  as  farmers'  institutes,  the 
bill  shall  be  audited  by  the  board  of  supervisors  and  as  nearly  as  possible 
divide  said  State  fund  equitably,  but  in  no  case  shall  more  than  three 
institutes  be  held  in  one  year  in  any  county  under  the  provisions  of  this 
chapter.** 

Amend  section  26,  chapter  3,  page  315,  by  striking  out  of  line  4  the 
words  "signal  service**  and  inserting  in  lieu  thereof  the  words  "weather 
bureau.'* 

Amend  section  27,  chapter  3,  page  316,  in  line  7,  by  substituting  the 
word  "three**  for  the  word  "one,**  and  by  adding  at  the  end  of  said  section 
the  following:  "the  director  shall  have  advisory  power  to  co-operate  with 
the  farmers'  institute  organizations  of  the  several  counties  of  the  State  for 
the  purpose  of  arranging  dates  and  providing  speakers  or  lecturers,  with  a 
view  to  economy  of  time  and  travel  in  attending  institutes;  institute^  to 
be  held  as  nearly  as  practicable  in  circuits  and  at  such  dates  as  will 
enable  speakers  to  attend  two  or  more  such  institutes  each  week.** 

Amend  chapter  3,  by  adding  as  section  30  and  31  thereof  the  following: 

"Section  30.  The  annual  proceedings  of  the  Iowa  State  Dairy  Associa- 
tion, including  accepted  essays  and  addresses,  together  with  reports  of 
discussions,  is  hereby  authorized  and  directed  to  be  printed  by  the  State 
under  the  supervision  of  the  association  as  the  reports  of  the  agricultural, 
horticultural  and  improved  stock  breeders*  associations  are  now  published.** 

"Section  31.  The  number  of  copies  so  published  shall  be  limited  to 
five  thousand  annually,  of  not  to  exceed  three  hundred  pages  each,  five 
hundred  copies  to  be  bound  in  cloth,  the  remainder  in  double-thick  paper 
cover.  They  shall  be  distributed  as  follows:  To  the  Governor,  Lieuten- 
ant-Governor, Secretary  of  State,  State  Treasurer,  each  member  of  the 
General  Assembly,  the  State  Horticultural  Society,  the  State  Agricultural 
Society,  the  Iowa  Improved  Stock  Breeders*  Association,  the  State  Library, 
the  University  and  the  Agricultural  College,  each  ten  copies;  to  each 
county  auditor,  to  be  kept  in  his  office,  to  each  public  library,  to  each 
incorporated  college  in  the  State,  to  each  president  and  secretary  of  each 
county  and  district  fair  two  copies  each,  and  each  county  and  district 
farmers*  institute  ten  copies  each;  the  remainder  to  be  distributed  under 

the  direction  of  the  association." 

M.  L.  Temple, 

Cbairman. 

Ordered  passed  on  file. 


1897.]  JOURNAL  OF  THE  HOUSE.  821 

House  file  No.  75,  with  Senate  amendments,  was  taken  up 
and  considered. 

On  ther question,  ''Shall  the  House  concur  in  Senate  amend- 
ments?" the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Clark,  Classen,  Cook, 
Cornwall,  Crow,  Doubleday,  Early,  Edwards,  Evans,  Finch, 
Frazee,  Frink,  Funk,  Good,  Griswold,  Grote,  Gurley,  Hazen, 
Hinkhouse,  Hinman,  Hunt,  Huntley,  Jay,  Johnson  of 
Webster,  Johnston  of  Franklin,  Klemme,  Lambert,  Loomis, 
liowry,  McDonald,  McDowell,  McQuin,  Marti,  Martin,  Mer- 
riam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
Grundy,  Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter, 
Potter,  Power,  Prentis,  Putnam,  Scott,  Smith,  Sullivan, 
Thompson,  Van  Houten,  Voelker,  Watters,  Wells,  Wheeler > 
Whelan,  Whittier,  Williams,  Wilson,  Mr.  Speaker — 78. 

The  nays  were: 

Messrs.  Dowell,  Hendershot,  Ray,  Beed — i. 

Absent  or  not  voting: 

Messrs.  Chapman,  Davis,  Gamer,  Haugen,  Hauger,  Hayes, 
Jackson,  Ladd,  Lauder,  Lavender,  McAchran  McArthur, 
McNulty,  Manahan,  Mayne,  Miller  of  Cherokee,  Morrison  of 
Keokuk,  Spaulding,  St.  John,  Temple,  Tibbitts,  Weaver, 
Wood— 28. 

So  the  House  concurred. 

House  file  No.  4,  with  Senate  amendments,  was  taken  up  and 
a  roll  called  on  the  question  of  concurrence. 

On  the  question,  ''Shall  the  House  concur?"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen, 
Cook,  Cornwall,  Crow,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Finch,  Frazee,  Frink,  Funk,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hauger,  Hazen,  Hendershot,  Hinkhouse, 
Hinman,  Hunt,  Huntley,  Jackson,  Johnson  of  Webster,  John- 
ston of  Franklin,  Klemme,  Lambert,  Loomis,  Lowry,  McDon- 
ald, McDowell,  McQuin,  Marti,  Martin,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Nolan, 
Parker,  Perrott,  Porter,  Potter,  Power,  Prentis,  Putnam,  Ray, 
Beed,  Scott,  Smith,  Spaulding,  St.  John,  Sullivan,  Thompson, 
Van  Houten,  Voelker,  Watters,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Mr.  Speaker— 80. 

Mr.  Temple  voted  in  the  negative. 

21 


S22  JOURNAL  OF  THE  HOUSE.  TFeb.  25, 

Absent  or  not  voting: 

Messrs.  Dayis,  Grarner,  Hayes,  Jay,  Ladd,  Liauder,  Lavender, 
McAchran,  McArthur,  McNulty,  Manahan,  Mayne,*  Miller  of 
Oherokee,  Morrison  of  Keokuk,  Mullin,  Nietert,  Tibbitts, 
Weaver,  Wood— 19. 

So  the  House  concurred. 

House  file  No.  88,  with  Senate  amendments,  was  next  taken  up. 

Mr.  Power  demanded  a  division  on  the  question  of  concur- 
rence, and  the  roll  was  called  on  the  question  of  concurring  in 
all  of  the  Senate  amendments  except  the  amendment  to  section  08. 

On  the  question,  ''Shall  the  House  concur"  the  yeas  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady, 
Brant,  Brighton,  Brinton,  Byington,  Chapman,  Clark,  Classen, 
Cornwall,  Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Pinch,  Prazee,  Prink,  Punk,  Grood,  Oris  wold,  Grote, 
Gur]ey,  Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hin- 
man,  Hunt,  Huntley,  Jackson,  Johnson  of  Webster,  Johnston 
of  Prasklin,  Elemme,  Ladd,  Lambert,  Lauder,  Loomis,  Lowry, 
McAchran,  McArthur,  McDonald,  McDowell,  McNulty,  Martin, 
Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker, 
Perrott,  Porter,  Power,  Prentis,  Putnam,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  St.  John,  Sullivan,  Temple,  Thompson,  Van 
Houten,  Voelker,  Watters,  Weaver,  Wells,  Wheeler,  Whelan, 
Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker— 88. 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Cook,  Garner,  Haugen,  Jay,  Lavender,  McQuin, 
Manahan,  Marti,  Mayne,  Miller  of  Cherokee,  Potter,  Tibbitts 
—12. 

So  the  House  concarred. 

On  the  question  of  concurring  in  the  Senate  amendment  to 
section  68  the  roll-call  resulted  as  follows: 

The  yeas  were: 

Messrs.  Bowen,  Brant,  Brinton,  Cook,  McDonald,  Scott, 
Watters,  Mr.  Speaker— 8. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Baker,  Bird,  Brady,  Brighton,  Bying- 
ton, Chapman,  Clark,  Classen,  Cornwall,  Crow,  Davis,  Double- 
day,  Dowell,  Early,  Edwards,  Evans,  Finch,  Prazee,  Prink, 
Punk,  Good,  Griswold,  Grote,  Gurley,  Haugen,  Hauger,  Hazen, 


1897.]  JOURNAL  OF  THE  HOUSE.  828 

Hendershot,  Hinkhouse,  Hinman,  Hunt,  Huntley,  JaiCkson, 
Johnstonof  flranklin,  Elemme,  Ladd,  Lambert,  Lauder,  Loomis, 
Lowry,  McAchran,  McArthur,  McDowell,  McNulty,  Martin, 
Merriam,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert.  Parker,  Perrott, 
Porter,  Potter,  Power,  Prentis.  Ray,  Beed,  Smith,  Spaulding, 
St.  John,  Sullivan,  Temple,  Thompson,  Van  Houten,  Voelker, 
Weaver,  WeDs,  Wheeler,  Whelan,  Whittier,  Williams,  Wilson, 
Wood— 78. 

Absent  or  not  voting: 

Messrs.  Bell,  Gamer,  Hayes.  Jay,  Johnson  of  Webster, 
Lavender,  McQaiq,  Manahan,  Marti.  Mayne,  Miller  of  Chero- 
kee, Putnam,  Nolan,  Tibbifcts — 14. 

So  the  House  refused  to  concur. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mb.  Spsakbb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  folio wing^  concurrent  resolution,  in  which  the  con- 
currence of  the  House  is  asked: 

Relative  to  a  revision  of  the  rules  of  the  supreme  court. 

CONCURBBNT  BK80LUTI0N. 

Whebbab,  The  rules  of  the  supreme  court  have  been  amended  from 
time  to  time  and  it  is  desirable  to  have  them  revised  and  published  with 
the  Code;  therefore,  be  it 

Resolved  lyy  the  Semite,  the  House  concurring.  That  the  judges  of  the 

supreme  court  be  and  are  hereby  requested  to  revise  the  rules  of  said 

court  so  that  the  same  may  be  published  with  the  Code. 

Geo.  a.  Newmai^, 

Secretary, 
Also: 

Mb.  Speakbb — 1  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  bill,  in  which  the  concurrence  of  the 
House  is  asked: 

The  substitute  for  Senate  file  No.  82,  a  bill  to  exonerate  from  penalties 
under  the  prohibitory  law  in  cities  acting  under  special  charters. 

Geo.  a.  Newmak, 

Secretary, 

On  motion  of  Mr.  Temple,  House  file  No.  17,  a  bill  for  an 
act  to  revise,  amend  and  codify  the  statutes  in  relation  to  agri- 
cultural and  horticultural  societies  and  stock-breeders'  associa- 
tions, with  report  of  committee  recooimending  passage  with 
amendments,  was  taken  up  and  considered. 

The  committee  amendment  to  section  7,  line  2,  was  adopted. 

The  committee  amendment  to  section  15  was  adopted. 

The  committee  amendment  to  section  21,  line  4,  was  adopted. 


824  JOUBNAL  OF  THE  HOUSE.  [I^b  26, 

The  committee  amendments  to  section  28  were  adopted. 

The  committee  amendment  to  section  24  was  adopted. 

The  committee  amendment  to  section  26  was  adopted. 

The  committee  amendment  to  section  27,  line  7,  was  lost. 

The  committee 'amendment  to  add  to  section  27  was  adopted. 

Mr.  Bay  moved  to  amend  sections  80  and  81,  as  proposed 
by  the  committee,  by  striking  out  of  line  2,  the  words  ''five 
thousand"  and  inserting  ''thirty-five  hundred;"  also,  reduce  the 
number  of  copies  to  be  distributed  from  ten  to  five. 

Messrs.  Nietert  and  Gurley  demanded  the  yeas  and  nays  on 
this  amendment,  which  resulted  as  follows: 

On  the  question,  ''Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Bailey,  Bell.  Bowen,  Clark,  Cook,  Edwards,  Evans, 
Funk,  Grote,  Gurley,  Hendershot,  Hiakhouse,  Hinman,  Hunt, 
Huntley,  Johnson  of  Webster,  McAchran,  McNuliy,  Martin, 
Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
Parker,  Porter,  Power,  Prentis,  Ray,  Scott,  Smith,  Sullivan, 
Tibbitts,  Voelker,Watters,  Whelan,  Williams,  Wilson,  Wood— 37. 

The  nays  were: 

Messrs.  Allen,  Bird,  Brady,  Brant,  Brighton,  Brinton, 
Byington,  Classen,  Cornwall,  Crow,  Davis,  Doubleday,  E*rly, 
Pinch,  Prazee,  Prink,  Good,  Griswold,  Hanger,  Hazen,  Jack- 
son, Johnston  of  Franklin,  Klemme,  Ladd,  Lauder,  Loomis, 
McArthur,  McDonald,  McDowell,  Marti,  Miller  of  Buena  Vista, 
Mullin,  Nietert,  Nolan,  Perrott,  Putnam,  Reed,  Spaulding, 
Temple,  Thompson,  Van  Houten,  Weaver,  Wells,  Wheeler, 
Whittier,  Mr.  Speaker — 44. 

Absent  or  not  voting : 

Messrs.  Baker,  Bird,  Chapman,  Do  well,  Garner,  Haugen, 
Hayes,  Jay,  Lambert,  Lavender,  Lowry,  McArthur,  McQuin, 
Manahan,  Mayne,  Merriam,  Miller  of  Cherokee,  Potter 
St.  John— 19. 

So  the  amendment  was  lost. 

Mr.  Kay  offered  the  following  amendment:  Amend  section 
20,  line  by  strikiag  out  the  words  *^five  thousand"  and  in 
lieu  thereof  insert  the  words  * 'thirty  five  hundred;"  also,  in 
the  same  section,  line  4,  after  the  word  "and"  insert  the 
words  "six  to." 

Lost. 

Mr.  Ray  moved  to  amend  section  22,  line  1,  by  striking  out 
the  words  "five  thousand"  and  insert  the  words  "thirty -five 


1897.1  JOURNAL  OF  THE  HOUSE.  825 

hundred;"  also,  in  line  5,  strike  out  the  word  ^'twenty"  and 
insert  the  word  **ten." 

Adopted. 

Mr.  McAchran  moved  to  amend  as  follows:  Section  9,  line 
1,  strike  out  the  words  ''or  district;"  also,  words  ''composed  of 
one  or  more  counties;"  also,  amend  section  9  by  adding  thereto 
'*The  appropriation  mentioned  in  this  section  shall  only  apply 
to  one  agricultural  society  in  each  county,  and  it  shall  be 
known  as  the  county  agricultural  society." 

Lost. 

Mr.  Haugen  moved  to  amend  section  29,  line  2,  by  striking 
out  the  words  ''seven  hundred  fifty"  and  inserting  in  lieu 
thereof  the  words  "two  hundred;"  also,  in  line  4,  by  striking 
out  the  word  "fifteen"  and  inserting  the  word  "twelve"  in  lieu 
thereof. 

Adopted. 

Mr.  Watters  moved  to  add  to  section  9  the  following:  "but 
in  case  it  shall  be  proven  that  any  society  has  permitted  gam- 
bling devices  or  other  violations  of  State  law,  they  shall  not 
be  entitled  to  such  appropriation. " 

Adopted. 

Mr.  Martin  moved  to  amend  section  7,  line  3,  by  adding  after 
the  word  "awards"  the  following:  "provided,  the  price  for 
which  publication  shall  not  exceed  thirty-three  and  one-third 
cents  per  square." 

Adopted. 

Mr.  Allen  in  the  chair. 

Mr.  Temple  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  considered  engrossed  and  read  a  third  time  now,  which 
motion  prevailed  and  the  bill  was  read  a  third  time. 

The  Speaker  resumed  the  chair. 

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

Messrs.  Allen,  Bailey,  Bell,  Bowen,  Brady,  Brant,  Brighton, 
Brinton,  Byington,  Chapman,  Clark,  Classen,  Cook,  Cornwall, 
Crow,  Dowell,  Early,  Edwards,  Evans,  Pinch,  Frazee,  Prink, 
Funk,  Good,  Griswold,  Grote,  Gurley,  Haugen,  Hauger,  Hayes, 
Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  Huntley, 
Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Franklin, 
Klemme,  Ladd,  Lambert,  Loomis,  Lowry,  McAchran,  McDonald, 
McDowell,  Marti,  Martin,  Merriam,  Miller  of  Warren,  Morrison 
of  Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Parker, 
Perrott,  Potter,  Power,  Prentis,  Putnam,  Ray,  Reed,  Scott, 


826  JOURNAL  OF  THB  HOUSB.  [f^b.  26^ 

Smith,  Spaolding,  Sollivan,  Temple,  Thompson,  Tibbitts,  Van 
Houten,  Voelker,  Watters,  Weaver,  Wells,  Wheeler,  Whelaa^ 
Whittier,  Williams,  Wilson,  Wood,  Mr.  Speaker — 84. 

The  nays  ivere: 

None. 

Absent  or  not  voting: 

Messrs.  Baker,  Bird,  Davis,  Doubleday,  Garner,  Lauder^ 
Lavender,  McArthur,  McNulty,  McQain,  Manahan,  Mayne, 
Miller  of  Buena  Vista,  Miller  of  Cherokee,  Porter,  St.  John 
—16. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Ray  called  up  the  motion  to  reconsider  the  vote  whereby 
House  file  No.  61  was  lost. 

Mr.  Reed  moved  that  the  motion  to  reconsider  be  laid  on 
the  table. 

Carried. 

SENATE  MESSAGES. 

Senate  file  No.  82,  a  bill  for  an  act  to  exonerate  from  penal- 
ties under  the  prohibitory  law  in  cities  acting  under  special 
charters,  was  read  first  and  second  time. 

On  motion  of  Mr.  Brant,  rule  48  was  suspended  and  the  bill 
taken  up  for  consideration  now. 

Mr.  Brant  moved  that  the  rule  be  suspended,  and  that  the 
bill  be  read  a  third  time  nowt  which  motion  prevailed  and  the 
bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bowen,  Brady,  Brant,  Brinton, 
Byington,  Chapman,  Clark,  Cornwall,  Crow,  Doubleday,. 
Dowel],  Early,  Edwards,  Pinch,  Prazee,  Grood,  Griswold, 
Grote,  Gurley,  Haugen,  Hauger,  Hayes,  Hazen,  Hendershot, 
Hinkhouse,  Jay,  Johnson  of  Webster,  Johnston  of  Pranklin, 
Klemme,  Ladd,  Lauder,  Loomis,  Lowry,  McDonald,  McDowell, 
McNulty,  Marti,  Miller  of  Buena  Vista,  Morrison  of  Grundy, 
Morrison  of  Keokuk,  Mullin,  Nietert,  Nolan,  Porter,  Potter, 
Power,  Prentis,  Putnam,  Smith,  Temple,  Thompson,  Tibbitts, 
Voelker,  Watters,  Weaver,  Wheeler,  Whelan,  Whittier, 
Williams,  Wilson,  Wood,  Mr.  Speaker — 65. 

The  nays  were: 

Messrs.  Bell,  Cook,  Evans,  Huntley,  McAchran,  Miller  of 
Warren,  Parker,  Beed,  Scott,  Spaulding,  Wells — 11. 

Absent  or  not  voting: 

Messrs.  Bird,  Brighton,  Classen,  Davis,  Frink,  Funk,  Gar- 
ner, Hinman,  Hunt,  Jackson,  Lambert,  Lavender,  McArthur^ 


1897.]  JOURNAL  OF  THE  HOUSE.  827 

McQuin,  Manahan,  Martin,  Mayne,  Merriam,  Miller  of  Chero- 
kee,  Perrott,  R»y,   St.  John,   Sullivan,  Van  Houten — 24. 

So  the  bill  passed  and  the  title  was  agreed  to. 

Mr.  Beed  called  up  his  joint  resolution  No.  1,  relating  to 
pending  pension  claims,  and  asked  to  have  the  resolution  changed 
to  a  concurrent  resolution. 

Granted. 

Mr.  Beed  moved  the  adoption  of  the  resolution. 

Adopted. 

Mr.  Funk  moved  that  the  investigation  of  the  offices  of  the 
State  printer  and  State  binder  and  all  printing,  binding  and 
other  matters  pertaining  thereto,  be  referred  to  the  committee 
appointed  to  investigate  the  matter  of  blank  and  other  miscel- 
lameous  job  work. 

Carried. 

Mr.  Merriam  called  up  his  motion  to  reconsider  the  vote 
whereby  joint  resolution  No.  3  was  laid  upon  the  table. 

Messrs.  Merriam  and  Power  demanded  the  yeas  and  nays, 
which  resulted  as  follows: 

On  the  question,  * 'Shall  the  motion  to  reconsider  prevail?" 
the  yeas  were : 

Messrs.  Allen,  Baker,  Bowen,  Brady,  Brighton,  Brinton, 
Byington,  Chapman,  Classen,  Cook,  Dowell,  Early,  Edwards, 
Pinch,  Frazee,  Frink,  Fank,  Good,  Grote,  Gurley,  Haugen, 
Hayes,  Hazen,  Hunt,  Jackson,  Jay,  Johnson  of  Webster,  John- 
ston of  Franklin,  Lambert,  Lauder,  McDowell,  McNulty, 
Marti,  Martin,  Merriam,  Morrison  of  Grundy,  Nietert,  Nolan, 
Porter,  Potter,  Power,  Prentis,  Putnam,  Beed,  Smith,  St.  John, 
Sullivan,  Thompson,  Voelker,  Wheeler,  Whelan,  Wilson — 52. 

The  nays  were : 

Messrs.  Bailey,  Bell,  Clark,  Cornwall,  Crow,  Davis,  Double- 
day,  Evans,  Griswold,  Hauger,  Hendershot,  Hinkhouse,  Hin- 
man,  Huntley,  Klemme,  Ladd,*  Lavender,  Loomis,  Lowry,  Mc- 
Achran,  McArthur,  McDonald,  Miller  of  Buena  Vista,  Miller  of 
Warren,  Morrison  of  Keokuk,  Mullin,  Parker,  Perrott,  Ray, 
Scott,  Spaulding,  Temple,  Tibbitts,  Van  Houten,  Watters, 
Weaver,  Wells,  Whittier,  Williams,  Wood,  Mr.  Speaker — 41. 

Absent  or  not  voting: 

Messrs.  Bird,  Brant,  Garner,  McQuin,  Manahan,  Mayne, 
Miller  of  Cherokee — 7. 

So  the  motion  to  reconsider  prevailed. 


828  JOURNAL  OF  THE  HOUSE.  [Feb.  25, 

The  following  explanation  of  vote  was  filed: 

In  explanation  of  my  vote,  I  may  say  I  seconded  the  motion  to  recon- 
sider in  this  case  as  a  matter  of  accommodation  and  not  as  voicing  my 

sentiments. 

W.  C.  MgAbthub. 

Mr.  BeU  moved  that  this  resolution  be  referred  to  the 
Governor. 

Messrs.  Power  and  Gurley  demanded  the  yeas  and  nays, 
which  resulted  as  follows: 

On  the  question,  ^'ShaU  the  resolution  be  referred  to  the  Gov- 
ernor?" the  yeas  were: 

Messrs.  Bailey,  Bell,  Clark,  Davis,  Evans,  Frink,  Funk, 
Grote,  Hendershot,  Hinman,  Huntley,  Johnson  of  Webster, 
Klemme,  Lavender,  McAchran,  McDonald,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Keokuk,  Parker,  Perrott, 
Potter,  Ray,  Scott,  Spaulding,  Watters,  Williams,  Wood, 
Mr.  Speaker — 29. 

The  nays  were: 

Messrs.  Allen,  Baker,  Bowen,  Brady,  Brighton,  Brinton, 
Byington,  Chapman,  Classen,  Cook,  Cornwall,  Doubleday, 
Dowell,  Early,  Edwards,  Finch,  Frazee,  Grood,  Griswold, 
Gurley,  Haugen,  Hayes,  Hazen,  Hinkhouse,  Hunt,  Jackson, 
Jay,  Ladd,  Lambert,  Lauder,  Loomis,  Lowry,  McDowell, 
McNulty,  Marti,  Martin,  Merriam,  Morrison  of  Grundy,  Mul- 
lin,  Nietert,  Nolan,  Porter,  Power,  Prentis,  Reed,  Smith,  St, 
John,  Sullivan,  Temple,  Thompson,  Tibbitts,  Van  Houten, 
Voelker, Wells,  Wheeler,  Whelan,  Whittier,  Wilson— 68. 

Absent  or  not  voting : 

Messrs.  Bird,  Brant,  Crow,  Gamer,  Hauger,  Johnston  of 
Franklin,  McArthur,  McQuin,  Manahan,  Mayne,  Miller  of 
Cherokee,  Putnam,  Weaver — 13. 

So  the  motion  was  lost. 

On  motion  of  Mr.  Crow,  the  House  adjourned  till  9  a.  m. 
to-morrow. 


1897.]  JOURNAL  OF  THE  HOUSE.  329 


Hall  of  the  House  of  Rspresekt^tives 
Des  Moines,  Iowa,  Friday,  February  26,  1897 


97.  [ 


The  House  met  at  9  a.  m.  ,  Speaker  Byers  in  the  chair. 
Prayer  was  offered  by  Dr.  Carlos  Martyn  of  Chicago,  111. 
The  Journals  of  February  24th  and  25th  were  corrected  and 
approved. 

REPORT  OF  JOINT  COMMITTEE. 

Mr.  Hendershot,  from  the  Joint  Committee  on  Joint  Rules, 
submitted  the  following  report: 

Mb.  Speaker — Your  Joint  Committee  on  Joint  Rules,  to  whom  was 
referred  the  matter  of  joint  rules  for  the  Senate  and  House  of  the  extraor- 
dinary session  of  the  Twenty- sixth  General  Assembly,  beg  leave  to 
report  that  they  have  had  the  same  under  consideration  and  have 
instructed  me  to  report  the  same  back  to  the  House  with  the  recommenda- 
tion that  the  joint  rules  of  the  Twenty-sixth  General  Assembly  be 
amended  as  follows: 

Add  to  section  1  the  words:  **Providedj  That  either  House  may  make  an 
amendment  to  an  amendment  adopted  by  the  other  House,  in  which  case 
the  other  House  shall  either  concur  in  or  reject  such  amendment,"  and 
when  so  amended  that  said  rules  be  adopted. 

W.  O.  Mitchell, 
Chairman  Senate  Committee. 

I.  B.  Hbndebshot, 
Chairman  House  Committee. 

Adopted. 

REPORT  OF  COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Committee  on  Enrolled  Bills,  submit- 
ted the  following  report: 

Mb.  Speakbb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled,  House  file  No.  68,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
money  of  account  and  interest. 

W.  E.  Haugeb, 

Chairman. 

Ordered  passed  on  file. 


880  JOURNAL  OF  THE  HOUSE.  [Feb.  28^ 

Also: 

Mb.  Sprajkbb— Your  Committee  on  Enrolled  Bills  reBpeotfully  report 
that  they  have  examined,  and  find  correctly  enrolled,  House  file  No.  72,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  pri- 
vate seals. 

W.  E.  Hauoeb, 

Cbatrmam 

Ordered  passed  on  file. 
Also: 

Mb.  Sfbakbb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled,  House  file  No.  30,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
domestic  animals. 

W.  E.  Hauobb, 

Ordered  passed  on  file. 
Also: 

Mb.  Spbakeb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled.  House  file  No.  56,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
Industrial  School. 

W.  E.  Haugbb, 

Cbmirman, 

Ordered  Passed  on  file. 
Also: 

Mb.  SPEAKRB—Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled,  House  file  No.  4,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  the  sovereignty  and  jurisdiction  of  the  State. 

W.  E.  Haugeb, 

Cbairm&n. 

Ordered  passed  on  file. 
Also: 

Mb.  Speakeb — Your  Committee  on  Enrolled  Bills  respectfully  report 
that  they  have  examined,  and  find  correctly  enrolled.  House  file  No.  58,  a 
bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to  the 
Industrial  Home  for  the  Blind. 

W.  E.  Haugeb, 

CbairmaD. 

Ordered  passed  on  file. 

REPORT  OF  JOINT  COMMITTEE  ON   ENROLLED  BILLS. 

Mr.  Hanger,  from  the  Joint  Committee  on  Enrolled  Bills, 
submitted  the  following  report: 

Mb.  Speakeb— Your  Joint  Committee  on  Enrolled  Bills  respectfuUy 
report  that  they  have  examined,  and  find  correctly  enrolled.  House  file 


1897  ]  JOURNAL  OF  THE  HOU3E  881 

No.  72,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  private  seals. 

G.  S.  GiLSXBTSON, 

Chairman  Senate  Committee 

W.  E.  Haugbb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 
Also: 

Mb.  Speakcb — Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled.  Senate  fil& 
No.  83,  a  bill  for  an  act  to  legalize  acknowledgments  of  instruments  in 
writing  heretofore  taken  by  notaries  public 

O.  S.  GiLBBBTBON, 

Chairman  Senate  Committee, 

W.  E.  Haugbb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 
Also: 

Mb.  Speakbb — Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled.  House  fil& 
No.  4,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  the  sovereignty  and  jurisdiction  of  the  State. 

G.  S.  Gilbebtson. 
Chairman  Senate  Committee, 

W.  E.  Haugeb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 
Also: 

Mb.  Speakeb— Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file  No. 
58,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
the  Industrial  Home  for  the  Blind. 

G.  S.  Gilbbbtson, 
Chairman  Senate  Committee. 

W.  E.  Haugeb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 
Also: 

Mb.  Spbakeb— Your  Joint  Committee  on  Enrolled  Bills  respectfuUy 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file  No. 
56,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation  to- 
the  Industrial  School. 

G.  S.  Gilbebtson, 
Chairman  Senate  Committee, 

W.  E.  Haugeb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 


882  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

Also: 

Mb.  Spkakbr— Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled,  House  file 
No.  30,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
^o  domestic  animals. 

O.    S.    GiLBBBTSON, 

Cbairm&n  Senate  Committee. 

W.  E.  Haugeb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 
Also: 

Mb.  Speaker— Your  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  they  have  examined,  and  find  correctly  enrolled.  House  file 
No.  68,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  rela- 
tion to  money  of  account  and  interest. 

G.  S.  GlLBERTSOK, 

Chairman  Senate  Committee. 

W.  E.  Haugeb, 
Chairman  Honae  Committee. 

Ordered  passed  on  file. 

REPORTS  OP  STANDING  COMMITTEES. 

Mr.  Potter,  from  the  Committee  on  Telegraph,  Telephone 
and  Express,  submitted  the  following  report: 

Mb.  Speakeb — Your  Ck>mmittee  on  Telegraph,  Telephone  and  Express, 
to  whom  was  referred  House  file  No.  26,  a  bill  for  an  act  to  revise,  amend 
and  codify  the  statutes  in  relation  to  the  construction  and  operation  of 
telegraph  and  telephone  lines,  beg  leave  to  report  that  they  have  had  the 
■same  under  consideration  and  have  instructed  me  to  report  the  same  back 
to  the  House  with  the  recommendation  that  the  same  do  pass  with  the  fol- 
lowing amendments: 

First. — Amend  section  1  by  striking  out  the  word  *  ^charged*'  at  the 
beginning  of  line  5  and  inserting  in  lieu  thereof  the  word  ^^changed." 

Second. — Amend  section  5  by  inserting  after  the  word  *  ^attorney,*'  in  line 
4,  the  following:  ^*or  wilfully  and  wrongfully  takes  or  receives  any  tele- 
graph or  telephone  message." 

TMrd. — Add  as  section  7  the  following: 

**  Section  7.  In  any  action  against  any  telegraph  or  telephone  company 
for  damages  caused  by  the  erroneous  transmission  of  a  message  or  by  unreas- 
onable delay  in  the  delivery  of  a  message,  negligence  on  the  part  of  the  tele- 
graph or  telephone  company  shall  be  presumed  upon  proof  of  erroneous 
transmission  or  of  unreasonable  delay  in  delivery,  and  the  burden  of 
proof  that  such  error  or  delay  was  not  due  to  negligence  upon  its  part  shaU 
rest  upon  such  company,  but  no  action  for  recovery  of  such  damages  shall 
be  maintained  unless  a  claim  therefor  is  presented  in  writing  to  such 
company  officer  or  agent  thereof  within  sixty  days  from  the  time  the  cause 
of  action  accrues.*' 

L.  P.  POTTEB, 

Chairman, 

Ordered  passed  on  file. 


1897.]  JOURNAL  OP  THE  HOUSE  88S 

Also: 

Mb.  Speaker — Your  Committee  on  Telegraph,  Telephone  and  Express, 
to  whom  was  referred  chapter  33  of  the  acts  of  the  Twenty-sixth  General 
Assembly,  beg  leave  to  report  that  they  have  had  the  same  under  consid- 
eration and  have  instructed  me  to  report  the  same  back  to  the  House  with 
the  recommendation  that  the  same  be  introduced  as  a  committee  bill  after 
amending  the  title  to  read  as  follows: 

*'A  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  express  companies;*'  and  amending  section  1,  by  striking  out  the  word 
*'that"  in  first  line  and  changing  the  word  ** hereinafter"  in  fourth  line  ta 
**hereafter"  and  that  when  so  amended  the  bill  do  pass. 

L.  F.  Potter, 

ChairmMn, 

Ordered  passed  on  file. 

Mr.  Watters,  from  the  Committee  on  Roads  and  Highways, 
submitted  the  following  report: 

Mr.  Speaker— Your  Committee  on  Roads  and  Highways,  to  whom  waa 
referred  House  file  No.  15,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  roads,  bridges  and  ferries,  beg  leave  to  report  that 
they  have  had  the  same  under  consideration  and  have  instructed  me  to 
report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass,  with  the  following  amendments: 

Page  289,  section  30,  chapter  1,  amend  by  adding  to  the  end  of  said 
section  the  following:  **The  term  *road'  as  used  in  this  Code  means  any 
public  highway  unless  otherwise  specified." 

Page  290,  section  36,  strike  out  section  36  and  insert  in  lieu  thereof  the 
following:  '*If  the  appeal  be  taken  by  the  petitioners  he  shall  pay  the 
costs  unless  the  claimant  recovers  a  less  amount  than  was  allowed  him  by 
the  board.  In  all  other  cases  the  taxing  of  the  costs  shall  rest  in  the  dis- 
cretion of  the  court." 

Page  390,  amend  section  40  by  prefixing  thereto  the  following:  "If 
the  same  has  not  been  heretofore  done,  the  county  auditor  shall  cause 
every  road  in  his  county,  the  legal  existence  of  which  is  shown  by  the 
records  and  files  in  his  ofSce,  to  be  platted  in  a  book  to  be  obtained  and 
kept  for  that  purpose  and  known  as  the  *road  plat  book.*  Each  township 
shall  be  platted  separately  on  a  scale  of  not  less  than  four  inches  to  the 
mile,  and  such  auditor  shall  have  all  changes  in,  or  additions  to  the  roads 
legally  established,  immediately  entered  upon  said  plat  book  with  appro- 
priate references  to  the  files  in  which  the  papers  relating  to  the  same  may 
be  found." 

Page  291,  amend  section  41  by  striking  out  all  of  said  section  after  the 
word  "repair,"  in  line  5. 

Page  291,  amend  section  45  by  striking  out  all  after  the  word  "at"  in 
line  2;  the  words  "the  regular  April,"  and  inserting  the  word  "any,"  in 
lieu  thereof. 

Page  292,  section  1,  line  3,  strike  out  the  word  "October"  and  insert 
'*  November." 

In  the  same  section,  line  11,  after  the  word  "road,"  add  the  following: 
**to  certify  to  the  board  of  supervisors  the  desire   for  an  additional  road 


38*  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

tax  not  to  exceed  one  mill,  to  be  leyied  in  whole  or  in  part  by  the  board  of 
supervisors  as  hereinafter  provided." 

In  the  same  section,  line  12,  strike  out  the  word  **shaU"  and  insert  the 
word  **may." 

Amend  section  3,  line  1,  by  striking  out  the  word  ^^shall*'  and  insert  the 
word  "may." 

In  the  same  'section,  after  the  word  "determine,"  in  line  5,  insert  the 
following:  "but  they  shall  expend  so  much  of  the  county  road  fund  as 
arises  from  property  within  any  city  or  incorporated  town  to  its  benefit  on 
the  roads  immediately  adjacent  thereto  or  within  such  city  or  incorporated 
town,  under  the  direction  of  the  city  or  town  council." 

In  line  6,  same  section,  insert  after  the  word  "taxes"  the  following:  "In 
case  the  board  of  supervisors  do  not  make  a  levy  for  county  road  fund,  or 
levy  less  than  one  mill  for  said  county  road  fund,  the  board  of  supervisors 
shall  levy  such  an  additional  sum  for  the  benefit  of  such  townships  as  shall 
have  certified  a  desire  for  such  additional  levy,  as  provided  for  in  section 
1  of  this  chapter." 

Page  293,  strike  out  of  section  5,  after  the  word  "April,"  in  line  1,  the 
words  "upon  the  petition  of  a  majority  of  the  voters  of  the  township." 

Page  294,  in  section  15,  line  1,  strike  out  the  word  '^October"  and  insert 
^*November." 

Page  295,  amend  section  18  by  inserting  after  the  word  "require"  inline 
"2,  the  following:  "but  in  no  case  shall  a  township  trustee  sign  such  bond 
as  surety." 

Page  295,  section  21,  line  2,  strike  out  the  word  "October*'  and  insert 
**  November." 

Page  296,  section  27,  line  2,  strike  out  the  word  "October"  and  insert 
"November." 

Page  297,  amend  section  z9  by  adding  to  said  section  the  following: 
"but  it  shall  be  the  duty  of  the  supervisors  to  use  strict  diligence  in  drain- 
ing the  surface  waters  from  the  public  road  in  its  natural  channels,  and 
to  this  end  he  may  enter  upon  the  enclosed  or  unenclosed  adjoining  lands 
for  the  purpose  of  removing  obstructions  from  such  natural  channels  that 
impede  the  flow  of  such  water." 

Page  298,  amend  section  35  by  striking  out  of  line  1,  after  the  word  "or" 
the  word  "bull"  and  insert  the  words  "any  other  variety  of"  in  lieu 
thereof. 

Page  298,  section  36,  amend  by  striking  out  all  of  said  section  after  the 
parenthesis  in  line  4,  and  insert  the  following:  "It  shall  be  the  duty  of 
every  person  ^or  corporation  so  owning,  occupying,  or  controlling  lands, 
lots,  or  other  real  property,  or  any  road  supervisor  or  other  public  officer 
having  charge  of  any  street  or  road,  to  cut,  bum  or  otherwise  entirely 
destroy  such  thistles  growing  on  said  premises,  right-of-way,  road  or 
street,  before  the  same  shall  bloom  or  come  to  maturity,  and  any  person, 
corporation  or  public  officer  neglecting  to  destroy  all  such  thistles  as  afore- 
said, after  receiving  notice  in  writing  of  their  presence,  shall  be  deemed 
guilty  of  a  misdemeanor  and  be  punished  accordingly. 

"It  shall  be  the  duty  of  any  person  knowing  of  the  presence  of  Russian 
thistles  upon  any  premises,  lands,  lots,  street,  roads  or  elsewhere,  at  any 
time  after  the  first  day  of  July,  to  give  notice  in  writing  to  the  owner, 


18W.]  JOURNAL  OP  THE  HOUSE.  885 

oeoopant,  or  person  or  corporation  in  possession  or  control  thereof,  and  if 
not  destroyed  by  snch  owner  or  occupant  or  person  in  possession  in  proper 
time  to  prevent  maturity,  to  give  notice  in  writing  immediately  to  any 
member  of  the  board  of  trustees  of  the  township  in  which  the  said  thistles 
are  growing;  or  if  within  a  city  or  town,  then  to  give  notice  in  writing  to 
the  mayor,  recorder  or  clerk  thereof,  who  shall  within  five  days  after 
the  receipt  of  said  notice  cause  their  total  destruction,  the  costs  thereof, 
together  with  the  costs  of  serving  notice  to  be  paid  out  of  the  county  fund 
upon  the  certificate  of  the  township  trustees  or  the  council  as  the  case 
may  be,  to  the  board  of  supervisors,  which  board  shall  cause  the  sum  so 
paid  to  be  levied  as  a  special  tax  against  the  premises  upon  which  the 
thistles  were  growing  and  against  the  person  or  corporation  owning  or 
occupying  the  same,  which  amount  shall  be  collected  by  the  county  treas- 
urer as  other  taxes  and  paid  into  the  county  fund. 

**  Where  township  trustees  have  received  notice  as  aforesaid  of  the  pres- 
ence of  such  thistles  upon  lands  owned  by  the  United  States  or  this  State, 
it  shall  be  their  duty  to  cause  their  destruction,  and  the  cost  thereof,  upon 
proper  certificate  of  the  amount,  shall  be  paid  out  of  the  county  fund." 

Page  299,  section  39,  line  1,  strike  out  the  word  **October"  and  Insert 
**November." 

In  same  section,  line  3,  strike  out  the  word  ^^shall"  and  insert  *'may." 

Page  300,  section  44,  strike  out  all  of  said  section  and  substitute  the 
following  in  lieu  thereof:  **  owners  of  osage  orange,  willow  or  any  other 
hedge  fence  along  the  public  road,  unless  the  same  shall  be  used  as  a 
wind-break  for  orchards  or  feed  lots,  shall  keep  the  same  trimmed  by 
'cutting  back  within  five  feet  of  the  ground  at  least  once  in  every  two 
years,  and  bum  or  remove  the  trimmings  so  cut  from  the  road. 

*'Upon  a  failure  to  comply  with  the  foregoing  provision,  the  road  super- 
visor shall  immediately  serve  notice  in  writing  upon  the  owner  of  the 
hedge  to  trim  the  same,  and  if  he  fails  to  do  so  for  sixty  days  thereafter 
such  supervisor  shall  cause  the  same  to  be  done  at  a  cost  not  exceeding 
forty  cents  per  rod,  which  shall  be  paid  for  out  of  the  road  fund,  and  make 
return  thereof  to  the  township  clerk  who  shall,  in  certifying  the  lands 
upon  which  the  road  tax  has  not  been  paid,  include  the  lands  along  which 
the  hedge  has  been  trimmed,  together  with  the  amount  paid  therefor, 
which  shall  be  collected  by  the  county  treasurer  in  the  manner  other 
county  taxes  are  collected." 

Page  300,  section  45,  line  3,  strike  out  the  word  **not,"  and  in  same  line, 
after  the  word  *'blown,"  insert  the  following:  ^*at  suitable  intervals  as  a 
danger  signal  to  approaching  teams." 

In  line  6,  same  section,  strike  out  the  words  ** while  moving." 

Page  302,  section  17,  line  3,  strike  out  the  word  '^thereof '  and  insert 
the  words  **of  competent  jurisdiction"  in  lieu  thereof. 

H.  B.  Wattbbs, 

Cbairman, 

Ordered  passed  on  file. 

Mr.  Mayne,  from  the  Committee  on  State  University,  sub- 
mitted the  following  report: 

Mb.  Spbakeb — Your  Committee  on  State  University,  to  whom  was 
referred  House  file  No.  51,  a  bill  for  an  act  to  revise,  amend  and  codify  the 


836  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

BtatatoB  in  relation  to  the  State  University,  be^^  leave  to  report  that  they 
have  had  the  same  under  consideration  and  have  instructed  me  to  report 
the  same  back  to  the  House  with  the  recommendation  that  the  House  do 
concur  in  the  Senate  amendments  thereto. 

Samuel  Ma.ynb, 

Cbairman. 

Ordered  passed  on  file. 

Mr.  Chapman,  from  the  Committee  on  Suppression  of  Intem- 
perance, submitted  the  following  report: 

Mr.  SPBA.KEB — Your  Ck>mmittee  on  Suppression  of  Intemperance,  to 
whom  was  referred  House  file  No.  33,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  intoxicating  liquors,  beg  leave  to  report 
that  they  have  had  the  same  under  consideration  and  have  instructed  me 
to  report  the  same  back  to  the  House  with  the  recommendation  that  the 
same  do  pass  with  the  following  amendments: 

Add  to  section  1  the  following: 

"But  any  person,  firm  or  corporation  may,  in  any  city  or  town  wherein 
the  written  statement  of  general  consent,  prescribed  in  sections  68  and  69 
of  this  chapter,  has  been  duly  filed  with  the  county  auditor,  manufacture 
liquors  named  in  this  section  for  export,  sell  the  same  at  wholesale  within 
the  State  to  registered  pharmacists  holding  permits,  and  to  such  persons 
as  have  complied  with  the  provisions  of  said  section  68,  and  may  sell  to 
any  person,  firm,  or  corporation  engaged  in  a  business  which  requires  its 
use,  alcohol  for  pharmaceutical,  medical,  chemical  or  mechanical  purposes. 
And  it  shall  be  lawful  for  any  common  carrier,  or  other  person,  to  trans- 
port and  ship  any  liquors  manufactured  or  sold  under  the  provisions  of 
this  act." 

In  section  5  strike  out  **may"  and  insert  in  lieu  thereof  **shall;"  same 
amendment  in  line  11. 

Section  6,  line  3,  after  the  word  '^petition**  insert  ''signed  by  one-third 
of  the  freehold  voters  of  the  township,  incorporated  town,  city  or  ward, 
or  city  acting  under  special  charter,  in  which  the  permit  is  to  be  used;"  in 
line  10,  between  **the"  and  "year,"  insert  "two;"  change  "year"  to 
"years." 

Strike  out  all  of  section  7. 

In  section  9,  line  15,  strike  out  "fifteen." 

In  section  10,  line  13,  between 9 "shall"  and  "become,"  insert  "file  with 
the  court  or  clerk  a  written  request  for  release  or." 

In  section  13,  line  4,  strike  out  "the  length  of  time;"  in  line  5,  between 
"force"  and  "unless,"  insert  "two  years." 

In  section  19,  in  lines  5,  14  and  15,  strike  out  "may"  and  insert  "shall" 
in  lieu  thereof. 

In  section  21,  strike  out  "one  or  more"  and  insert  in  lieu  thereof  "not 
more  than  two." 

In  section  22,  line  6,  strike  out  "to  exceed  ten"  and  insert  in  lieu 
thereof  "less  than  five  nor  more  than  twenty-five." 

In  section  23,  line  4,  strike  out  "to  the  school  fund."  In  line  6,  strike 
out  "and  one  had  been  given,"  "and"  and  "any."  Strike  out  all  of  line  7 
and  insert  "the  amount  so  collected  shall  go  to  the  informer  and  one- half 
to  the  school  fund  of  the  county." 


1897.]  JOURNAL  OF  THE  HOUSE.  387 

In  section  32,  line  1,  after  the  word  ^*nuisance"  insert  **as  defined  in  this 
chapter.*' 

Add  to  section  53  *'any  assessor  wilfully  failinfsr  to  comply  with  the  pro- 
visions of  this  section  shall  pay  a  fine  of  fifty  dollars  and  costs  for  each 
offense." 

In  section  55  strike  out  all  underscored  words  in  lines  2,  3  and  4. 

Add  to  section  59  the  following^:  **When  real  estate  oftored  at  tax  sale 
under  this  section  shall  be  passed  for  want  of  bid  covering*  amount  of  tax 
due  thereon,  it  shall  be  advertised  and  sold  by  the  treasurer  at  next  semi- 
annual tax  sale  to  the  highest  bidder." 

In  section  65,  line  4,  strike  out  all  after  the  word  *'then"  and  add  the 
following:  **The  tax  so  collected  from  such  business  shall  be  apportioned 
as  follows:  One-half  to  the  general  county  fund  and  the  other  one-half  to 
the  clerk  of  the  township  in  which  such  business  is  conducted.  The  clerk 
of  the  township  shall  apportion  the  amount  so  received  by  him  equally 
among  the  road  supervisors  of  the  territory  of  the  township  outside  of  the 
city  or  town,  to  be  by  said  road  supervisors  expended  for  the  improvement 
of  the  roads  of  the  districts. " 

Add  to  section  67:  ^'But  any  corporation,  firm  or  person  having  com- 
plied with  the  provisions  hereof,  may  maintain  an  action  at  law  for  the 
collection  of  claims  and  the  enforcement  of  contracts  arising  upon  sales 
made  in  conformity  with  this  chapter." 

In  section  68,  line  1,  after  ^*city"  insert  ^ including  cities  acting  under 
special  charters."  In  line  8  strike  out  **or  at  a  special  meeting  called  for 
that  purpose.*'  In  line  14,  after  **conducted"  insert  **by  any  person  hold- 
ing any  township,  town,  city  or  county  office,  or." 

In  section  69,  line  1,  after  ''town"  insert  ''or  city  acting  under  special 
charter." 

Insert  between  sections  69  and  70  the  following,  to  be  known  as  sec- 
tion 69: 

"Section  69.  All  statements  of  general  consent,  filed  with  the  county 
auditor  as  provided  in  the  two  preceding  sections,  shall  be  publicly  can- 
vassed by  the  board  of  supervisors,  at  a  regular  meeting,  at  least  ten  clear 
days  notice  of  such  intended  canvass  having  been  previously  published  by 
the  county  auditor,  in  the  official  newspapers  of  the  county  and  its  finding 
as  to  the  result  in  the  city  havinsf  over  five  thousand  inhabitants,  or  the 
county  as  the  case  may  be,  and  the  various  towns  and  townships  therein 
shall  be  entered  of  record. 

"If  the  board  shall  find  the  statement  sufficient,  any  citizen  of  the  county 
may,  within  thirty  days  thereafter,  file  with  the  clerk  of  the  district  court 
a  general  denial  as  to  the  statement  of  general  consent,  or  any  part  thereof, 
whereupon  the  county  attorney  shall  cause  notice  thereof  to  be  served 
upon  the  person  or  persons  filing  said  statement  of  consent  with  the 
county  auditor,  and  said  party  shall  within  ten  days  file  with  said  clerk  a 
bond  conditioned  to  pay  the  costs  of  the  hearing  in  the  district  court  in  a 
sum  to  be  fixed  by  the  clerk  of  said  court.  If  such  a  bond  be  filed,  then 
the  auditor  shall  certify  the  statement  of  consent  and  all  papers  and 
records  to  the  district  court  where  the  matter  shall  be  tried  de  rurvo,  the 
county  attorney  appearing  for  the  State,  but  if  no  bond  be  filed  then  the 
order  of  the  board  of  supervisors  finding  the  statement  of  general  consent 

22 


838  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

sufficient  shall  be  coDsidered  and  treated  as  set  aside  and  null  and  void. 
The  costs  in  all  cases  of  appeal  shall  be  taxed  against  the  losing  party. 

* 'Should  the  board  of  supervisors  find  the  statement  of  general  consent 
insufficient  any  party  aggrieved  may  appeal  therefrom  to  the  district 
court  by  filing  within  thirty  days  thereafter,  with  the  clerk  of  said  court, 
a  sufficient  bond  for  the  costs.  Upon  the  filing  and  approval  of  said  bond 
the  auditor  shall  certify  the  statement  of  consent  and  all  papers  and 
records  to  the  district  court  where  the  matter  shall  be  tried  de  n(n)o.  All 
costs  shall  be  taxed  against  the  appellee  whether  the  finding  of  the  board 
is  sustained  or  reversed,  and  in  such  actions  the  county  attorney  shall 
appear  and  defend  the  finding  of  the  board. 

**Only  one  statement  of  general  consent  from  any  county,  city  or  town, 
or  city  or  town  acting  under  special  charter,  therein  entitled  to  file  the 
same,  shall  be  canvassed  by  the  board  of  supervisors  in  any  one  year.** 

In  section  70,  line  2,  after  "town"  insert  "or  city  acting  under  special 
charter."  In  line  4,  after  **town"  insert  '*or  city  acting  under  special 
charter." 

Add  to^ection  73,  "The  exclusive  jurisdiction  for  punishment  of  all 
offenses  under  this  chapter  shall  be  in  the  county  wherein  the  crime  may 
have  been  committed." 

In  section  74,  line  2,  after  '^towns,"  insert  **and  cities  acting  under 
special  charters." 

Diminish  section  numbers  from  section  8  to  section  70  inclusive. 

W.  B.  Chapman, 

Cbairman. 

Ordered  passed  on  file. 

The  Speaker  signed  in  the  presence  of  the  House,  House 
file  Nos.  68,  56,  30,  58,  4  and  72. 

The  House  took  up  House  file  No.  51,  relating  to  State  Uni- 
versity, with  report  of  committee  recommending  passage  "with 
Senate  amendments. 

On  the  question,  *  Shall  the  House  concur?"  the  yeas  were: 
Messrs.  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brady,  Brinton, 
Byington,  Chapman,  Clark,  Classen,  Cornwall,  Crow,  Double- 
day,  Dowell,  Early,  Evans,  Finch,  Frazee,  Frink,  Fank,  Good, 
Griswold,  Grote,  Gurley,  Hayes,  Hazen,  Hendershot,  Hink- 
house,  Hinman,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of 
Webster,  Johnston  of  Franklin,  Klemme,  Ladd,  Lambert, 
Lauder,  Lavender,  Loomis,  Lowry,  McAchran,  McDonald, 
McDowell,  McNulty,  Marti,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Morrison  of  Grundy,  Morrison  of  Keokuk, 
MuUin,  Nietert,  Parker,  Perrott,  Porter,  Potter,  Power, 
Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith,  Spaulding, 
St.  John,  Sullivan,  Thompson,  Tibbitts,  Van  Houten,  Voelker, 
Watters,  Weaver,  Wells,  Wheeler,  Whelan,  Whittier,  Williams, 
Wilson,  Mr.  Speaker — 83. 


1897.]  JOURNAL  OP  THE  HOUSE.  889 

The  nays  were: 

None. 

Absent  or  not  voting: 

Messrs.  Allen,  Brant,  Brighton,  Cook,  Davis,  Edwards,  Gar- 
ner, Haugen,  Hanger,  Mc Arthur,  McQuin,  Manahan,  Miller  of 
Cherokee,  Miller  of  Warren,  Nolan,  Temple,  Wood — 17. 

So  the  House  concurred. 

The  House  took  up  pending  question  of  yesterday  relating 
to  laying  resolution  calling  for  investigating  committee  for 
State  institutions  on  the  table. 

On  the  question*  '^Shall  the  resolution  be  laid  on  the  table?" 
Messrs.  Merriam  and  Lauder  demanded  the  yeas  and  nays 
which  resulted  as  follows: 

On  the  question,  **Shall  the  resolution  be  laid  on  the  table?" 
the  yeas  were: 

Messrs.  Bailey,  BelJ,  Chapman,  Clark,  Crow,  Davis,  Evans, 
Frink,  Griswold,  Huntley,  Johnson  of  Webster,  Ladd,  Laven- 
der, McArthur,  McNulty,  Mayne,  Miller  of  Buena  Vista,  Miller 
of  Warren,  Morrison  of  Grundy,  Morrison  of  Keokuk,  MuUin, 
Parker,  Ray,  Reed,  Spaulding,  Tibbitts,  Watters,  Weaver, 
Wells,  Williams,  Mr.  Speaker — 31. 

The  nays  were: 

Messrs.  Allen,  Baker,  Bowen,  Brady,  Brant,  Brighton,  Brin- 
ton,  Byington,  Classen,  Cook,  Cornwall,  Doubleday,  Dowell, 
Early,  Finch,  Frazee,  Funk,  Good,  Grote,  Gurley,  Haugen, 
Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hinman,  Hunt,  Jack- 
son, Jay,  Johnston  of  Franklin,  Lambert,  Lauder,  Loomis, 
Lowry,  McAchran,  McDonald,  McDowell,  Marti,  Merriam, 
Nietert,  Nolan,  Perrott,  Porter,  Potter,  Power,  Prentis,  Put- 
nam, Scott,  Smith,  St.  John,  Sullivan,  Temple,  Thompson, 
Van  Houten,  Voelker,  Wheeler,  Whelan,  Whittier,  Wilson— 59. 

Absent  or  not  voting: 

Messrs.  Bird,  Edwards,  Garner,  Hanger,  Elemme,  McQuin, 
Manahan,  Martin,  Miller  of  Cherokee,  Wood — 10. 

So  the  motion  was  lost. 

Mr.  Ladd  moved  that  the  resolution  be  referred  to  Commit- 
tee on  Retrenchment  and  Reform. 

Mr.  Griswold  moved  that  the  resolution  be  indefinitely  post- 
poned. 

Lost. 

Messrs.  Smith  and  Power  demanded  the  yeas  and  nays  on 
the  motion  to  refer,  which  resulted  as  follows : 


840  JOURNAL  OF  THE  HOUSE.  [Feb.  26, 

On  the  question,  ^^Shall  the  motion  prevail?"  the  yeas  were: 

Messrs.  Bailey,  Bell,  Brighton,  Chapman,  Clark,  Crow, 
Davis,  Dowell,. Evans,  Prink,  Punk,  Griswold,  Grote,  Hauger, 
Hendershot,  Hinman,  Huntley,  Johnson  of  Webster,  Ladd, 
Lavender,  McAchran,  McArthur,  McNulty,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Mullin,  Parker,  Perrotb,  Potter,  Prentis,  Putnam, 
Ray,  Reed,  Temple,  Tibbitts,  Watters,  Weaver,  Whittier,  Wil- 
liams, Mr.  Speaker — 42. 

The  nays  were : 

Messrs.  Allen,  Baker,  Bird,  Bowen,  Brady,  Brant,  Brin- 
ton,  Bjington,  Classen,  Cook,  Cornwall,  Early,  Pinch,  Prazee, 
Good,  Gurley,  Haugen,  Hayes,  Hazen,  Hinkhouse,  Hunt,  Jack- 
son, Jay,  Johnston  of  Pranklin,  Klemme,  Lambert,  Lauder, 
Loomis,  Lowry,  McDonald,  McDowell,  Marti.  Mayne,  Merriam, 
Nietert,  Nolan,  Porter,  Power,  Scott,  Smith,  Spaulding,  St. 
John,  Sullivan,  Thompson,  Van  Houten,  Voelker,  Wells, 
Wheeler,  Whelan,  Wilson — 50. 

Absent  or  not  voting: 

Messrs.  Doubleday,  Edwards,  Garner,  McQuin,  Manahan, 
Martin,  Miller  of  Cherokee,  Wood — 8. 

So  the  motion  was  lost. 

Mr.  Haugen  moved  to  substitute  the  Senate  resolution  for 
the  resolution  before  the  House,  as  recommended  by  the  House 
committee. 

Mr.  Dowell  moved  the  pf evious  question. 

Carried. 

Messrs.  Crow  and  Lowry  demanded  the  yeas  and  nays  on 
the  question  of  substitution,  which  resulted  as  follows: 

On  the  question,  **Shall  the  motion  to  substitute  prevail?'* 
the  yeas  were: 

Messrs.  Bird,  Classen,  Haugen,  St.  John,  Temple,  Thomp- 
son— 6. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Byington,  Chapman,  Clark,  Cook,  Corn- 
wall, Crow,  Davis,  Doubleday,  Dowell,  Early,  Edwards, 
Evans,  Pinch,  Prazee,  Prink,  Punk,  Good,  Griswold,  Grote, 
Gurley,  Hauger,  Hayes,  Hazen,  Hendershot,  Hinkhouse, 
Hinman,  Hunt,  Huntley,  Jackson,  Jay,  Johnson  of  Webster, 
Johnston  of  Pranklin,  Klemme,  Ladd,  Lambert,  Lauder, 
Lavender,  Loomis,  Lowry,  McAchran,  McDonald,  McDowell, 


1897.]  JOURNAL  OP  THE  HOUSE.  841 

McNulty,  Marti,  Martin,  Mayne,  •Merriam,  Miller  of  Buena 
Vista,  Miller  of  Warren,  Morrison  of  Grundy,  Morrison  of 
Keokuk,  Mullin,  Nietert,  Nolan,  Parker,  Perrott,  Porter, 
Potter,  Power,  Prenlis,  Putnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  Sullivan,  Tibbitts,  Voelker,  Watters,  Weaver, 
Wheeler,  Whelan,  Whittier,  Williams,  Wilson,  Mr.  Speaker 
—86. 

Absent  or  not  voting: 

Messrs.  Garner,  McArthur,  McQuin,  Manahan,  Miller  of 
Cherokee,  Porter,  Van  Houten,  Wells — 8. 

So  the  motion  to  substitute  was  lost. 

Mr.  Gurley  moved  the  previous  question. 

Carried. 

On  the  question,  * 'Shall  the  joint  resolution  be  adopted?" 
the  yeas  were: 

Messrs.  Allen,  Baker,  Bird,  Bowen,  Brady,  Brighton,  Brin- 
ton,  Byington,  Classen,  Cook,  Cornwall,  Dowell,  Early,  Edwards, 
Finch,  Frazee,  Frink,  Funk,  Good,  Grote,  Gurley,  Haugen, 
Hayes,  Hazen,  Hinkhouse,  Hinman,  Hunt,  Jackson,  Jay,  John- 
ston of  Franklin,  Lambert,  Lauder,  Loomis,  Lowry,  McDonald, 
McDowell,  McNulty,  Marti,  Martin,  Merriam,  Nietert,  Nolan, 
Porter,  Power,  Prentis,  Scott,  Smith,  St.  John,  Sullivan, 
Thompson,  Van  Houten,  Voelker,  Wheeler,  Whelan,  Wilson 
-55., 

The  nays  were: 

Messrs.  Bailey,  Bell,  Brant,  Chapman,  Clark,  Crow,  Davis, 
Doubleday,  Evans,  Griswold,  Hauger,  Hendershot,  Huntley, 
Johnson  of  Webster,  Klemme,  Ladd,  McAchran,  McArthur, 
Mayne,  Miller  of  Buena  Vista,  Miller  of  Warren,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  Mullin,  Parker,  Perrott,  Potter, 
Putnam,  Ray,  Reed,  Spaulding,  Temple,  Tibbitts,  Watters, 
Weaver,  Wells,  Whittier,  Williams,  Wood,  Mr.  Speaker— 40. 

Absent  or  not  voting: 

Messrs.  Garner,  Lavender,  McQuin,  Manahan,  Miller  of 
Cherokee — 5. 

So  the  resolution  was  adopted. 

The  following  explanations  of  votes  were  filed: 

Mb.  Speaker — I  vote  '*no''  for  the  reasons  stated  by  the  Speaker  on 
page  6  of  the  Journal  of  February  20,  and  for  the  further  reason  that  no 
flpecific  charges  have  been  made  on  which  to  base  inyestigation. 

L.  F.  Potter. 


342  JOURNAL  OP  THE  HOUSE.  [Feb.  26,. 

Mb.  Spbakeb — I  voted  ''no'*  ft>r  the  reason  that  this  resolution  does  not 
confer  a  single  duty  or  power  upon  the  committee  which  is  not  already 
conferred  upon  the  Governor  by  statutory  provision. 

W.  G.  Ladd. 

Mr.  Speaebr — I  vote  **no"  on  joint  resolution  No.  3,  for  the  reason 
that  there  is  no  charge  against  any  State  institution,  so  far  as  known,, 
and  I  am  opposed  to  spending  money  belonging  to  the  State  without 
charges  having  been  made.  Wm.  H.  Klemmb. 

Mb.  Speakbb — I  voted  *'no"  because  the  committee  is  not  authorized  to- 
report  to  this  session.  J.  M.  Clabk. 

PETITIONS  AND  MEMORIALS. 

Mr.  Miller  of  Buena  Vista  presented  petition  of  citizens  of 
Buena  Vista  comity,  against  any  reduction  in  appropriation  to 
the  State  Horticultural  society. 

Referred  to  Committee  on  Horticulture. 

Messrs.  Morrison  of  Keokuk,  Prentis,  Cornwall,  Thompson, 
Tibbitts  and  Wood  presented  remonstrance  of  citizens  of 
their  respective  counties,  against  a  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Weaver  presented  petition  of  citizens  of  Louisa  county, 
asking  the  passage  of  a  law  exempting  soldiers  and  their  wid- 
ows over  fifty  years  of  age  from  taxation  when  their  income 
does  not  exceed  $500  per  annum. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Crow  presented  remonstrance  of  citizens  of  Wapello 
county,  against  the  amendment  to  section  19,  chapter  8,  on  elec- 
tions. 

Referred  to  Committee  on  Elections. 

Messrs.  Gurley  and  Johnson  of  Webster  presented  petitions 
of  citizens  of  their  respective  counties,  asking  passage  of  a  law 
regulating  the  practice  of  medicine. 

Referred  to  Committee  on  Public  Health. 

MESSAGES  FROM  THE  SENATE. 

The  following  message  was  received  from  the  Senate: 

Mr.  Speakeb — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  insists  on  its  amendment  relative  to  section  17  of  House  file  No.  73, 
and  asks  if  or  a  committee  of  conference,  naming^  the  following  as  the  Sen- 
ate members  of  said  committee,  viz:  Senators  Ellis,  Carpenter,  Healy  and 
Blanchard.  Geo.  A.  Newman, 

Secretary. 

Also: 

Mr.  Speakeb — I  am  directed  to  inform  your  honorable  body,  that  the- 
Senate  refuses  to  recede  from  its  amendment  to  section  9,  of  House  file  No. 
5,  relative  to  Speaker's  clerk  and  Lieutenant-Governor's  clerk,  and  asks  a 


1897.]  JOURNAL  OP  THE  HOUSE.  348 

committee  of  conference,  naming  as  the  Senate  members  of  said  commit- 
tee, Senators  Trewin,  Waterman,  Funk  and  Carney. 

Geo.  a,  Newman, 

Secretary. 

Also: 

Mb.  Speaker — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  receded  from  its  amendment  to  section  63  of  House  file  No.  83. 

Geo.  a.  Newman, 

Secretaty, 

Also: 

Mb.  Speakeb — 1  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  passed  the  following  bill,  in  which  the  concurrence  of  the  House 
is  asked: 

Senate  file  No.  76,  a  bill  for  an  act  to  revise,  amend  and  codify  the 
statutes  in  relation  to  attachments,  garnishments,  executions  and  suppres- 
sion of  proceedings. 

Geo.  a.  Newman, 

Secretary. 

The  Speaker  announced  as  the  conference  committee  on 
House  file  No.  5,  Messrs.  Bailey,  Early,  Voelker  and  Hayes. 

Also  as  conference  committee  on  House  file  No.  73,  Messrs. 
Cornwall,  Clark,  McDowell  and  Lowry. 

On  motion  of  Mr.  Chapman,  House  file  No.  33,  a  bill  for  an 
act  to  revise,  amend  and  codify  the  statutes  in  relation  to 
intoxicating  liquors,  with  report  of  committee  recommending 
passage  with  amendments,  was  taken  up  and  considered. 

Mr.  Hayes  offered  the  following  as  a  substitute  for  the  com- 
mittee amendment  to  section  11:  Amend  title  XII,  chapter  8, 
page  472,  by  adding  to  the  end  of  section  1  the  following: 
^'But  in  those  cities  or  towns  where  sales  of  such  liquors  may 
be  made  by  persons  paying  the  mulct  tax  and  the  penalties  for 
making  sales  by  them  are  suspended  by  the  provisions  of  this 
chapter,  it  shall  be  lawful  to  manufacture  spirituous,  malt  and 
vinous  liquors,  and  to  sell  the  same  to  persons  within  the  State 
who  have  complied  with  the  mulct  tax  provisions,  or  to  ship 
the  same  without  the  State;  and  it  shall  be  lawful  for  persons 
and  carriers  to  transport  said  liquors,  and  contracts  in  relation 
to  the  matters  herein  specified  shall  not  be  illegal  by  reason  of 
any  of  the  provisions  of  this  chapter." 

On  this  substitute  Messrs.  Baker  and  Lowry  demanded  the 
yeas  and  nays,  which  resulted  as  follows: 

On  the  question,  **Shall  the  substitute  be  adopted?"  the  yeas 
were: 


844  JOURNAL  OF  THE   EOUSE.  [Feb.  26, 

Messrs.  Baker,  Bowen,  Brady,  Byington,  DoweU,  Early, 
Prazee,  Garner,  Grote,  Gurley,  Hayes,  Hazen,  Hendershot, 
Hinkhouse,  Hunt,  Jackson,  Jay,  Lambert,  Lauder,  Lowry,  Mc- 
Arthur,  McDowell,  McNulty,  Marti,  Morrison  of  Grundy,  Nie- 
tert,  Nolan,  Porter,  Potter,  Power,  Sullivan,  Tibbitts,  Voelker, 
Wheeler,  Whittier,  Wilson,  Mr.  Speaker— 87. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Bell,  Bird,  Brant,  Brighton,  Brinton, 
Chapman,  Clark,  Classen,  Cook,  Cornwall,  Crow,  Davis, 
Doubleday,  Edwards,  Evans,  Finch,  Prink,  Punk,  Good,  Gris- 
wold,  Haugen,  Hauger,  Hinman,  Huntley,  Johnson  of  Webster, 
Johnston  of  Pranklin,  Klemme,  Ladd,  Lavender,  Loomis, 
McAchran,  McDonald,  Martin,  Mayne,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Keokuk,  MuUin, 
Parker,  Perrott,  Prentis,  Putnam,  Ray,  Reed,  Scott,  Smith, 
Spaulding,  Temple,  Thompson,  Van  Houten,  Watters,  Weaver, 
Wells,  Whelan,  Williams,  Wood— 59. 

Absent  or  not  voting: 

Messrs.  McQuin,  Manahan,  Miller  of  Cherokee,  St.  John — 4. 

So  the  substitute  was  lost. 

Mr.  Hayes  moved  to  add  to  the  amendments  of  the  committee 
the  words  ''and  contracts  in  relation  to  the  matters  herein 
specified  shall  not  be  illegal  by  reason  of  any  of  the  provisions 
of  this  chapter." 

Messrs.  Sullivan  and  Power  demanded  the  yeas  and  nays 
which  resulted  as  follows : 

On  the  question,  ''Shall  the  amendment  prevail?"  the  yeas 
were: 

Messrs.  Bailey,  Baker,  Brady,  Byington,  DoweU,  Edwards, 
Prazee,  Gurley,  Hayes,  Hazen,  Hinkhouse,  Hunt,  Jackson, 
Jay,  Lambert,  Lauder,  Lowry,  McArfchur,  McDowell,  McNulty, 
Marti,  Mayne,  Morrison  of  Grundy,  Nietert,  Nolan,  Porter, 
Potter,  Power,  Putnam,  Sullivan,  Tibbitts,  Voelker,  Wheeler, 
Whelan,  Whittier,  Wilson,  Mr.  Speaker — 37. 

The  nays  were: 

Messrs.  Allen,  Bell,  Bird,  Bowen,  Brant,  Brighton,  Brinton, 
Chapman,  Clark,  Classen,  Cook,  Cornwall,  Crow,  Davis, 
Doubleday,  Early,  Evans,  Pinch,  Prink,  Punk,  Garner,  Good, 
Griswold,  Haugen,  Hauger,  Hinman,  Huntley,  Johnson  of 
Webster,  Johnston  of  Pranklin,  Klemme,  Ladd,  Lavender, 
Loomis,  McAchran,  McDonald,  Martin,  Merriam,  Miller  of 
Buena  Vista,  Miller  of  Warren,  Morrison  of  Keokuk,  Mullin, 


1897.]  JOURNAL  OF  THE  HOUSE.  345 

Parker,  Perrott,  Prentis,  Ray,  Reed,  Scott,  Smith,  Spaulding, 
Temple,  Thompson,  Van  Houten,  Watters,  Weaver,  Wells, 
Williams,  Wood— 57. 

Absent  or  not  voting: 

Messrs.  Grote,  Hendershot,  McQuin,  Manahan,  Miller  of 
Cherokee,  St.  John — 6. 

So  the  amendment  was  lost. 

Mr.  Hinman  moved  to  amend  the  amendment  as  follows: 
Insert  in  line  7  of  the  committee  amendment  after  the  word 
'^purpose"  the  words  * 'providing  that  the  manufacturers  of 
liquors  provided  for  in  this  section  shall  place  upon  all  barrels, 
casks,  bottles  or  packages  of  every  kind  whatsoever  containing 
liquors  a  formula  printed  in  the  English,  German  and  Scandi- 
navian language  which  shall  set  forth  in  plain  terms  the  ingre- 
dients of  said  liquors  and  the  relative  proportion  of  each. " 

The  amendment  was  adopted  by  a  vote  of  44  yeas  to  26  nays. 

Mr.  Hayes  moved  to  amend  the  committee  amendment  by 
striking  out  the  word  ' 'alcohol"  in  line  6  and  insert  the  words 
* 'such  liquors. " 

Lost. 

Mr.  Early  offered  the  following  amendment  to  the  committee 
amendment:  After  the  word  ''auditor"  in  line  3,  insert  the 
words  '  'canvassed  and  found  sufficient  by  the  board  of  super- 
visors." 

Lost. 

Mr.  Lambert  moved  that  further  consideration  of  this  bill  be 
postponed  till  9  a.  m.  to-morrow. 

Lost. 

Mr.  Funk  moved  that  further  consideration  of  this  bill  be 
postponed  until  9  a.  m.  Tuesday. 

Messrs.  Lambert  and  Baker  demanded  the  roll  call  on  this 
motion,  which  resulted  as  follows: 

On  the  question,  * 'Shall  the  motion  to  postpone  prevail?" 
the  yeas  were: 

Messrs.  Baker,  Byington,  Ear]y,  Edwards,  Prazee,  Punk, 
Hayes,  Hazen,  Hinkhouse,  Hunt,  Jackson,  Jay,  Lambert, 
Lavender,  Lowry,  McAchran,  McDowell,  Mcirti,  Mayne,  Miller 
of  Buena  Vista,  Nolan,  Porter,  Power,  Sullivan,  Thompson, 
Voelker,  Wheeler,  Wilson— 28. 

The  nays  were: 

Messrs.  Allen,  Bailey,Bell,  Bird,  Bowen,  Brady,  Brant,  Brigh- 
ton, Brinton,  Chapman,  Clark,  Classen,  Cook,  Cornwall,  Crow, 


346  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

Davis,  Doubleday,  Dowell,  Evans,  Finch,  Frink,  Garner,  Good, 
Griswold,  Grote,  Gurley,  Haugen,  Hauger,  Hendershot,  Hin- 
man,  Huntley,  Johnson  of  Webster,  Johnston  of  Franklin, 
Klemme,  Ladd,  Lauder,  Loomis,  McArthur,  McDonald, 
McNulty,  Martin,  Merriam,  Miller  of  Warren,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  Mullin,  Nietert,  Parker,  Perrott, 
Potter,  Prentis,  Putnam,  Bay,  Beed,  Scott,  Smith,  Spaulding, 
Temple,  Tibbitts,  Van  Houten,  Watters,  Weaver,  Wells, 
Whelan,  Whittier,  Williams,  Mr.  Speaker^67. 

Absent  or  not  voting: 

Messrs.  McQum,  Manahan,  Miller  of  Cherokee,  St.  John, 
Wood— 5. 

So  the  motion  was  lost. 

Mr.  Gurley  moved  the  previous  question  on  the  first  amend- 
ment of  the  committee. 

Lost  by  a  vote  of  41  yeas  to  44  nays. 

Mr.  Early  offered  the  following  amendment  to  line  1  of 
the  committee  amendment:  Strike  out  the  word  ^'statement" 
and  insert  the  word  ' 'statements;"  also,  change  the  word  '*has" 
to  **have"  in  line  2. 

Adopted. 

Messrs.  Chapman  and  Gurley  demanded  the  yeas  and  nays 
on  the  amendment  of  the  committee. 

On  the  question,  ''Shall  the  amendm9nt  prevail?''  the  yeas 
were: 

Messrs.  Allen,  Bailey,  Baker,  Bowen,  Brady,  Brant,  Bying- 
ton.  Chapman,  Crow,  Davis,  Doubleday,  Dowell,  Edwards, 
Frazee,  Garner,  Good,  Grote,  Gurley,  Hayes,  Hazen,  Hender- 
shot, Hinkhouse,  Hunt,  Jackson,  Jay,  Klemme,  Lambert,  Lau- 
der, Lowry,  McArthur,  McDowell,  McNulty,  Marti,  Morrison 
of  Grundy,  Morrison  of  Keokuk,  Nietert,  Nolan,  Porter,  Pot- 
ter, Power,  Putnam,  Sullivan,  Tibbitts,  Voelker,  Weaver, 
Wheeler,  Whelan,  Whittier,  Wilson,  Mr.  Speaker — 50. 

The  nays  were : 

Messrs.  Bell,  Bird,  Brighton,  Brinton,  Clark,  Classen.  Cook, 
Cornwall,  Early,  Evans,  Finch,  Frink,  Funk,  Griswold,  Haugen, 
Hauger,  Hinman,  Huntley,  Johnson  of  Webster,  Johnston  of 
Franklin,  Ladd,  Lavender,  Loomis,  McAchran,  McDonald, 
Martin,  Mayne,  Merriam,  Miller  of  Buena  Vista,  Miller  of 
Warren,  Mullin,  Parker,  Perrott,  Prentis,  Ray,  Beed,  Scott, 
Smith,  Spaulding,  St.  John,  Temple,  Van  Houten,  Watters, 
WeUs,  Williams,  Wood— 46. 


1897.]  JOURNAL  OP   THE  HOUSE.  347 

Absent  or  not  voting: 

Messrs.  McQuin,  Manahan,  Miller  of  Cherokee,  Thompson — L 

So  the  amendment  of  the  committee  was  adopted. 

The  following  explanations  of  votes  were  filed: 

Mb.  Spbakbb — Three  years*  trial  and  experience  have,  in  my  opinion, 
demonstrated  the  success  of  the  mulct  law,  and  believing  that  this  or 
some  similar  measure  is  to  be  the  settled  rule  and  policy  of  the  State  in 
dealing  wibh  the  liquor  traffic,  I  can  favor  at  this  time  a  manufacturing 
clause  along  the  line  of  the  mulct  bill,  and  therefore  vote  *'aye." 

W.  S.  Allbn. 

Mb.  Spbakbb — On  committee  amendment  to  section  1  I  vote  **no**^ 
because  the  amendment  does  not  require  the  petitions  of  general  consent 
to  be  declared  or  found  sufficient  by  the  board  of  supervisors  and  the 
House  having  defeated  an  amendment  to  that  effect. 

Chas.  L.  Eably. 

The  committee  amendment  to  section  5  was  adopted. 

SENATE  MESSAGES. 

Senate  file  No.  76,  a  bill  for  an  act  to  revise,  amend  and 
codify  the  statutes  in  relation  to  attachments,  executions  and 
supplementary  proceedings,  was  read  first  and  second  time  and 
referred  to  Committee  on  Third  Division  Code  Revison. 

On  motion  of  Mr.  Gurley,  House  adjourned  till  2  p.  m. 


AFTERNOON  SESSION. 


The  House  was  called  to  order  at  2  p.  m.  by  the  Speaker. 

REPORT  OP  JOINT   COMMITTEE  ON  ENROLLED  BILLS. 

Mr.  Hauger,  from  the  Joint  Committee  on  Em  oiled  Bills, 
submitted  the  following  report: 

Mb.  Sfeakeb — Yonr  Joint  Committee  on  Enrolled  Bills  respectfully 
report  that  tbey  have  examined,  and  find  correctly  enrolled,  Senate  file 
No.  82,  a  bill  for  an  act  to  exonerate  from  penalties  under  the  prohibitory 
law  in  cities  acting-  under  special  charters,  and  to  make  valid  acts  of  city 
councils  and  boards  of  supervisors. 

G.    S.    GiLBEBTSON, 

Chairman  Senate  Committee, 

W.  E.  Haugeb, 
Chairman  House  Committee, 

Ordered  passed  on  file. 

The  clerk  continued  the  reading  of  the  pending  bill,  being 
House  file  No.  33. 


848  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

The  committee  amendment  to  section  6,  line  2,  was  adopted 
by  a  vote  of  36  yeas  to  22  nays. 

The  committee  amendment  to  line  10,  section  6,  was  adopted. 

The  committee  amendment  to  strike  out  all  of  section  7  was 
adopted. 

On  motion  of  Mr.  Chapman  section  9,  line  15,  was  amended 
by  striking  out  the  word  ''fifteen"  and  inserting  in  lieu  thereof 
the  words  **any  number  of." 

On  the  committee  amendment  to  section  12,  line  4,  Messrs. 
Power  and  Lowry  demanded  the  yeas  and  nays,  which  resulted 
as  follows: 

On  the  question,  ''Shall  the  amendment  be  adopted?"  the  yeas 
were: 

Messrs.  Allen,  Bailey,  Bell,  Brady,  Brighton,  Brinton, 
Chapman,  Clark,  Classen,  Cook,  Cornwall,  Crow,  Davis,  Double- 
day,  Evans,  Finch,  Prink,  Punk,  Good,  Griswold,  Gurley, 
Haugen,  Hendershot,  Hinman,  Huntley,  Johnson  of  Webster, 
Johnston  of  Pratklin,  Liadd,  Lauder,  Lavender,  Loomis, 
McAchran,  McDonald,  Martiu,  Miller  of  Warren,  Morrison  of 
Keokuk,  Mullin,  Nietert,  Parker,  Perrott,  Prentis,  Putnam, 
Bay,  Beed,  Smith,  Spaulding,  St.  John,  Temple,  Thompson, 
Van  Houten,  Watters,  Wells,  Whelan,  Whittier,  Williams, 
Wood-56. 

The  nays  were: 

Messrs.  Baker,  Bird,  Bowen,  Brant,  Byington,  Dowell, 
Early,  Edwards,  Prazee,  Garner,  Grote,  Hayes,  Hazen,  Hink- 
house.  Hunt,  Jackson,  Jay,  Klemme,  Lambert,  Lowry,  Mc- 
Arthur,  McDowell,  McNulty,  Marti,  Mayne,  Merriam,  Morri- 
son of  Grundy,  Nolan,  Porter,  Potter,  Power,  Sullivan,  Tib- 
bitts,  Voelker,  Weaver,  Wheeler,  Wilson,  Mr.  Speaker— 38. 

Absent  or  not  voting: 

Messrs.  Hauger,  McQuin,  Manahan,  Miller  of  Buena  Vista, 
Miller  of  Cherokee,  Scott — 6. 

So  the  amendment  was  adopted. 

MESSAGE   FROM  THE   SENATE. 

The  following  message  was  received  from  the  Senate: 

Mr.  President — I  am  directed  to  inform  your  honorable  body  that  the 
Senate  has  amended  and  passed  the  following  bill,  in  which  the  concur- 
rence of  the  House  is  asked: 

Substitute  for  House  file  No.  35,  a  bill  for  an  act  to  create  a  bureau 

of  labor  statistics. 

Geo.  a.  Newman, 

Secretary, 


1897.]  JOaRNAL  OP  THE  HOUSE.  349 

The  committee  amendments  to  section  19,  lines  6,  14  and  15 
were  adopted. 

The  committee  amendment  to  section  21,  line  1,  was  adopted. 

The  committee  amendment  to  section  22,  line  6,  to  strike  out 
the  words  **to  exceed  ten"  and  insert  in  lieu  thereof  the  words 
**less  than  five  nor  more  than  twenty-five"  was  adopted. 

Mr.  Chapman  moved  to  strike  out  of  section  28,  line  6,  the 
words  *'and  one  had  been  given." 

Adopted. 

The  committee  amendment  to  section  28,  line  4,  to  strike  out 
the  words  **to  the  school  fund  was  adopted." 

The  committee  amendment  to  strike  out  all  of  line  7,  section 
23,  and  insert  in  lieu  thereof  the  words  ''the  amount  so  collected 
shall  go  to  the  informer  and  one-half  to  the  school  fund  of  the 
county,"  was  adopted  by  a  vote  of  45  yeas  to  23  nays. 

Mr.  Weaver  was  called  to  the  chair. 

The  committee  amendment  to  section  82,  line  1,  was  adopted. 

The  committee  amendment  to  add  to  section  53  the  words, 
'  'any  assessor  wilfully  failing  to  comply  with  the  provisions  of 
this  section  shall  pay  a  fine  of  fifty  dollars  and  cost  for  each 
offense,"  was  adopted. 

The  committee  amendment  to  strike  out  of  section  55  all 
underscored  words  in  lines  2,  3  and  4,  was  adopted. 

The  committee  amendment  to  add  to  section  59  the  words: 
''When  real  estate  offered  at  tax  sale  under  this  section  shall  be 
passed  for  want  of  bid  covering  amount  of  tax  due  thereon,  it 
shall  be  advertised  and  sold  by  the  treasurer  at  next  semi- 
annual tax  sale  to  the  highest  bidder. " 

Mr.  Chapman  moved  the  adoption  of  the  committee  amend- 
ment to  section  65,  line  4: 

**The  tax  so  collected  from  such  business  shall  be  apportioned  as  fol- 
lows: One-half  to  the  general  county  fnnd  and  the  other  one-half  to  the 
clerk  of  the  township  in  which  such  business  is  conducted.  The  clerk  of 
the  township  shall  apportion  the  amount  so  received  by  him  equally  among 
the  road  supervisors  of  the  territory  of  the  township  outside  of  the  city  or 
town,  to  be  by  said  road  supervisors  expended  for  the  improvement  of  the 
roads  of  the  district." 

The  Speaker  resumed  the  chair. 

Mr.  Evans  offered  the  following  as  a  substitute  for  the  com- 
mittee amendment  and  moved  its  adoption : 

Amend  page  492,  section  65  of  Black  Code,  line  2,  by  strik- 
ing out  all  after  the  word ''treasury,"  and  also  strike  out  the 


S50  JOURNAL  OF  THE  HOUSE.  [Feb.  26, 

amendment  made  by  the  committee  and  insert  after  ''treasury/' 
in  line  2,  the  following:  **and  the  county  treasurer  shall  turn 
the  whole  of  the  revenue  so  derived  into  the  State  treasury 
at  the  same  time  and  in  the  same  manner  as  provided  in  refer- 
ence to  taxes  collected  under  the  State  levy. 

Messrs .  Evans  and  Cook  demanded  the  roll  call  on  this  sub- 
stitute, which  resulted  as  follows: 

On  the  question,  ''Shall  the  substitute  for  the  committee 
amendment  be  adopted?"  the  yeas  were: 

Messrs.  Brinton,  Cook,  Evans,  Pinch,  Frink,  Hinman,  Hunt- 
ley, Lavender,  Loomis,  McAchran,  Mayne,  Parker,  Perrott, 
Prentis,  Ray,  Reed,  Smith,  Spaulding,  Temple,  Van  Houten, 
Watters,  Wells,  Williams,  Wood— 24. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Baker,  Bowen,  Brady,  Brant,  Bying- 
ton,  Chapman,  Cornwall,  Crow,  Davis,  Doubleday,  Dowell, 
Early,  Edwards,  Prazee,  Punk,  Garner,  Good,  Griswold,  Grote, 
Gurley,  Haugen,  Hayes,  Hazen,  Hendershot,  Hinkhouse,  Hunt, 
Jackson,  Jay,  Klemme,  Ladd,  Lambert,  Lauder,  Lowry, 
McArthur,  McDonald,  McDowell,  McNulty,  Marti,  Martin, 
Merriam,  Morrison  of  Grundy,  Morrison  of  Keokuk,  Mullin, 
Nietert,  Nolan,  Porter,  Potter,  Power,  Putnam,  St.  John,  Sul- 
livan, Thompson,  Tibbitts,  Voelker,  Weaver,  Wheeler,  Whelan, 
Whittier,  Wilson,  Mr.  Speaker — 62, 

Absent  or  not  voting: 

Messrs.  Bell,  Bird,  Brighton,  Clark,  Classen,  Hauger,  John- 
son of  Webster,  Johnston  of  Franklin,  McQuin,  Manahan, 
Miller  of  Buena  Vista,  Miller  of  Cherokee,  Miller  of  Warren, 
Scott— 14. 

So  the  substitute  was  lost. 

Messrs.  Merriam  and  Allen  demanded  the  roll  call  on  the 
adoption  of  the  committee  amendment,  which  resulted  as 
follows: 

On  the  question,  "Shall  the  committee  amendment  be 
adopted?"  the  yeas  were: 

Messrs.  Bailey,  Baker,  Bowen,  Brady,  Brant,  Brinton, 
Byington,  Chapman,  Doubleday,  Dowell,  Early,  Edwards, 
Frazee,  Funk,  Good,  Grote,  Gurley,  Haugen,  Hayes,  Hazen, 
Hendershot,  Hinkhouse,  Hinman,  Hunt,  Jackson,  Jay,  Johnson 
of  Webster,  Klemme,  Ladd,  Lambert,  Lauder,  Lowry, 
McArthur,  McDonald,  McDowell,  McNulty,  Marti,  Majntie, 
Morrison  of  Grundy,   Morrison  of  Keokuk,  Mullin,   Nietert, 


1897.]  JOURNAL  OF  THE  HOUSE.  851 

Nolan,  Parker,  Porter,  Potter,  Power,  Putnam,  Sullivan, 
Temple,  Thompson,  Tibbitts,  Van  Houten,  Voelker,  Weaver, 
Wheeler,  Whelan,  Whittier,  Wilson,  Mr.  Speaker — 60. 

The  nays  were:    * 

Messrs.  Allen,  Bird,  Brighton,  Clark,  Cook,  Cornwall,  Davis, 
Evans,  Finch,  Prink,  Garner,  Hauger,  Huntley,  Johnston  of 
Franklin,  Lavender,  Loomis,  McAchran,  Merriam,  Miller  of 
Warren,  Perrott,  Prentis,  Ray,  Beed,  Scott,  Smith,  Watters, 
Wells,  Williams,  Wood— 29. 

Absent  or  not  voting: 

Messrs.  Bell,  Classen,  Crow,  Griswold,  McQuin,  Manahan, 
Martin,  Miller  of  Buena  Vista,  Miller  of  Cherokee,  Spaulding, 
St.  John— 11. 

So  the  amendment  was  adopted. 

Mr.  Chapman  moved  the  adoption  of  committee  amendment 
to  add  to  section  67. 

Mr.  Hayes  moved  to  amend  the  amendment  by  inserting  in 
line  1  thereof  after  the  word  **  with"  the  words  ^*or  manufactured 
under." 

The  committee  accepted  the  amendment. 

Mr.  Baker  moved  to  amend  by  striking  out  the  word  ''hereof" 
in  line  43  and  inserting  the  words  "of  this  chapter." 

The  committee  accepted  the  amendment  and  the  amendment 
as  amended  was  adopted. 

The  committee  amendments  to  section  68  were  adopted. 

Mr.  Morrison  of  Grundy  moved  to  amend  section  68,  para- 
graph 1,  by  adding  the  words  ''as  hereinafter  provided." 

Adopted. 

Mr.  Early  moved  to  amend  section  68  as  follows: 

Amend  section  68,  page  493,  by  striking  out  lines  5,  6,  7,  8,  9  and  10,  and 
inserting  the  following:  '*When  at  a  preceding  election  at  which  the 
proposition  of  permitting  saloons  under  the  provisions  of  this  act  was  sub- 
mitted, a  majority  of  all  the  votes  polled  in  such  city  at  such  election  was 
for  saloons,  and  the  result  of  said  election  has  been  recorded  and  pro- 
claimed as  provided  in  this  act,  it  shall  be  effectual  for  the  purpose  herein 
contemplated  until  revoked  as  is  provided  for  in  this  act." 

Amend  section  69,  page  494,  by  striking  out  lines  3  to  10  inclusive  and 
insert:  "It  must  be  shown  that  at  a  preceding  election  or  elections  at 
which  the  proposition  of  permitting  saloons  under  the  provisions  of  this 
act  was  submitted,  a  majority  of  all  the  votes  polled  at  such  election  or 
elections,  in  the  county  outside  the  limits  of  any  city  or  cities  of  said 
county  having  a  population  of  five  thousand  or  more  inhabitants,  and  also 
in  the  city  or  town,  including  the  township  or  townships  in  which  such 
city  or  town  is  located,  was  for  saloons,  and  that  such  consent  has  not  been 
revoked  as  provided  in  this  act." 


862  JOURNAL  OF  THE  HOUSE.  [Feb.  26, 

Amend  section  70,  page  494,  by  striking  out  the  last  two  words  in  line 
2,  and  all  of  lines  3,  4,  5,  6  and  7,  and  insert:  ''A  majority  of  all  the  votes 
}>olled  at  the  last  preceding  election  at  which  the  proposition  of  permit- 
ting saloons  under  the  provisions  of  this  act  was  submitted  shall  have 
been  against  saloons,  in  any  city  of  five  thousand  or  more  inhabitants, 
or  in  any  county,  city,  town  or  township,  as  the  case  may  be,  as  shown  by 
the  records  of  the  county  auditor,  then  the  bar  to  proceedings  as  provided 
in  the  second  preceding  section  shall  cease  to  operate  in  such  city,  county 
town  or  township,  as  the  case  may  be,  and  the  persons  engaged  in  the 
sale  of  intoxicating  liquors  therein  shall  be  liable  to  all  the  penalties  pro- 
vided in  this  chapter;" 

Amend  section  71,  page  495,  by  striking  out  in  line  1,  the  words  **state- 
ment  of  general  consent,"  and  insert  the  word  **petition." 

Line  3,  strike  out  the  word  **statement,"  and  insert  the  word  '^petition.*' 

Line  6,  strike  out  the  words  * 'statement  of  general  consent,"  and  insert 
the  word  "petition." 

Line  7,  strike  out  the  words  ^'statements  of  general  consent,"  and  insert 
the  word  ''petitions." 

Line  9,  strike  out  the  words  "statement  of  general  consent,"  and  insert 
the  word  "petition." 

Amend  chapter  6,  on  page  495,  by  adding  section  75  as  follows: 

"Section  75.  At  the  general  election  of  the  State  of  Iowa  in  the  year 
1898  the  proposition  of  permitting  saloons  under  the  provisions  of  this 
chapter  shall  be  submitted  in  the  manner  provided  for  submitting  public 
measures,  and  said  proposition  may  be  submitted  in  any  city,  county, 
incorporated  town  or  township  not  oftener  than  once  in  five  years  there- 
after when  a  petition  signed  by  one-third  of  all  the  voters  who  voted  at 
the  last  preceding  general  election  in  said  territory,  as  shown  by  the  poll- 
books,  has  been  filed  with  the  county  auditor  not  less  than  thirty  nor 
more  than  forty  days  preceding  the  election  at  which  said  proposition  is 
to  be  submitted,  and  it  must  be  shown  that  all  signatures  to  said  petition 
have  been  attached  within  the  thirty  days  next  preceding  the  filing  of 
the  same. 

"And  when  such  petition  is  filed  with  the  auditor  he  shall  cause  notice  of 
the  same  to  be  published  for  three  consecutive  issues  in  two  weekly  news- 
papers published  in  said  territory,  if  there  be  two  such  papers  published 
therein;  if  but  one  paper  is  published  in  such  territory,  notice  shall  be  pub- 
lished in  it  and  one  other  leading  paper  in  said  county,  and  if  no  paper  be 
published  in  said  territory,  then  said  notice  shall  be  published  in  the  two 
leading  papers  of  different  political  parties  of  the  county  for  three  con- 
secutive weeks  preceding  the  day  of  said  election,  and  the  county  auditor 
shall  have  all  tickets  to  be  used  in  any  territory  in  his  county  where  such 
proposition  is  to  be  submitted,  printed  in  proper  form,  to  vote  upon  said 
proposition  as  is  provided  for  the  submitting  of  public  measures,  and  said 
vote  shall  be  canvassed,  recorded  and  proclaimed  as  is  provided  for  in 
cases  of  the  vote  on  other  public  measures,  and  all  law  relating  to  the  vot- 
ing and  submitting  of  amendments  to  the  constitution  or  public  measures 
shall  apply  to  the  vote  and  submitting  of  the  proposition  provided  for  in 
this  chapter,  so  far  as  applicable  and  not  in  conflict  with  the  provisions  of 
this  act." 


1897.]  JOURNAL  OP  THE  HOUSE.  85S 

Mr.  Bell  moved  to  adjourn  until  9  a.  m.  to-morrow. 

The  motion  was  lost. 

Mr.  Chapman  moved  the  previous  question  on  the  amend- 
ment of  Mr.  Early. 

The  motion  was  carried. 

Messrs.  Wood  and  Early  demanded  a  roll  call  on  the  motion 
to  adopt  the  amendment  of  Mr.  Early,  which  resulted  as 
follows: 

On  the  question,  ''Shall  the  amendment  be  adopted?"  the 
yeas  were: 

Messrs.  Baker,  Byington,  Early,  Frazee,  Hayes,  Hazen^ 
Hinkhouse,  Hunt,  Jay,  Lambert,  Lauder,  Lowry,  McDowell, 
McNulty,  Marti,  Morrison  of  Keokuk,  Nolan,  Power,  Tibbitts, 
Voelker,  Wheeler,  Wilson,  Mr.  Speaker — 28. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Bell,  Bird,  Bowen,  Brady,  Brant, 
Brighton,  Brinton,  Clark,  Classen,  Cook,  Cornwall,  Crow, 
Davis,  Doubleday,  Do  well,  Edwards,  Evans,  Pinch,  Prink, 
Punk,  Gamer,  Grood,  Griswold,  Grote,  Gurley,  Haugen,  Hanger^ 
Hendershot,  Hinman,  Huntley,  Jackson,  Johnston  of  Pranklin^ 
Klemme,  Ladd,  Loomis,  McAchran,  McDonald,  Martin,  Mayne, 
Merriam,  Miller  of  Warren,  Morrison  of  Grundy,  MuUin, 
Nietert,  Parker,  Perrott,  Potter,  Prentis,  Putnam,  Ray,  Beed, 
Scott,  Smith,  Spaulding,  St.  John,  Temple,  Thompson,  Van 
Houten,  Watters,  Weaver,  Wells,  Whelan,  Whittier,  Williams^ 
Wood— 67. 

Absent  or  not  voting : 

Messrs.  Chapman,  Johnson  of  Webster,  Lavender,  McArthur, 
McQoin,  Manahan,  Miller  of  Buena  Vista,  Miller  of  Cherokee, 
Porter,  Sullivan — 10. 

So  the  amendment  was  lost. 

Mr.  Beed  moved  to  adjourn  till  9  a.  m.  to-morrow. 

Lost. 

The  committee  amendment  to  section  69,  line  1,  to  insert 
after  the  word  ''town"  the  words  ''or  city  acting  under  special 
charter,"  was  adopted. 

Mr.  Martin  moved  to  amend  by  inserting  at  the  end  of  line 
55  of  the  committee  amendment  as  section  69  after  the  word 
record,  the  words,  "and  such  findings  shall  be  effectual  for  the 
purpose  herein  contemplated  until  revoked  as  hereinafter  pro- 
vided." 

Adopted. 

23 


I 


854  JOURNAL  OF  THE  HOUSE.  [Feb.  26, 

The  committee  amendments  to  section  70»  lines  2  and  4,  were 
adopted. 

The  committee  amendment  to  section  78,  was  adopted. 

The  committee  amendment  to  section  74,  line  2,  was  adopted. 

The  committee  amendment  to  diminish  the  section  numbers 
from  sections  8  to  70  inclusive,  was  adopted,  and  by  the  adop- 
tion of  this  amendment  changirg  the  section  numbers  in  the 
original  bill;  the  section  numbers  in  the  amendment  to  section 
1  of  the  bill  refers  to  sections  67  and  68  as  the  bill  passed  the 
House. 

Mr.  Doubleday  offered  the  following  amendment  and  moved 
its  adoption:  Amend  the  amendment  made  in  line  2,  section 
6,  page  474  of  Black  Code,  by  striking  out  the  words  ' 'one- 
third"  and  substituting  in  lieu  thereof  the  words  ''a  majority." 

Mr.  Funk  moved  the  previous  question. 

Carried. 

The  motion  of  Mr.  Doubleday  was  lost. 

Mr.  Chapman  moved  that  the  rule  be  suspended,  and  that         j 
the  bill  be  considered  engrossed  and  read  a  third  time  now, 
which  motion  prevailed  and  the  bill  was  read  a  third  time. 

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

Messrs.  Allen,  Bailey,  Baker,  Bowen,  Brady,  Brant,  Bying- 
ton,  Chapman,  Crow,  Davis,  Dowell,  Edwards,  Frazee,  Gamer, 
Good,  Grote,  Gurley,  Hayes,  Hazen,  Hendershot,  Hinkhouse, 
Hunt,  Jackson,  Jay,  IQemme,  Ladd,  Lambert,  Lauder,  Lowry, 
McArthur,  McDoweU,  McNulty,  Marti,  Mayne,  Morrison  of 
Grundy,  Morrison  of  Keokuk,  Nietert,  Nolan,  Porter,  Potter, 
Power,  Putnam,  Sullivan,  Thompson,  Tibbitts,  Voelker, 
Weaver,  Wheeler,  Whelan,  Whittier,  Wilson,  Mr.  Speaker — 52. 

The  nays  were: 

Messrs.  Bell,  Bird,  Brighton,  Brinton,  Clark,  Classen,  Cook, 
Cornwall,  Doubleday,  Early,  Evans,  Finch,  Frink,  Fuuk,  Gris 
wold,  Haugen,  Hanger,  Hinman,  Huntley,  Johnson  of  Webster, 
Johnston  of  Franklin,  Lavender,  Loomis,  McAchran,  McDonald, 
Martin,  Merriam,  Miller  of  Warren,  Mullin,  Parker,  Perrott, 
Prentis,  Ray,  Beed,  Scott,  Smith,  Spaulding,  St.  John,  Temple, 
Van  Houten,  Watters,  Wells,  Williams,  Wood — 44. 

Absent  or  not  voting: 

Messrs.  McQuin,  Manahan,  Miller  of  Buena  Vista,  Miller  of 
Cherokee — 4. 

So  the  bill  passed  and  title  was  agreed  to. 


1897.]  JOURNAL  OP  THE  HOUSE.  355 

The  followiDg  explanations  of  votes  were  filed: 

Mb.  Sfeaksb — I  am  not  at  all  satisfled  with  chapter  6,  of  title  12,  of 

the  proposed  Code  as  it  baa  heen  amended  and  stands  ready  for  passage, 

but  I  recognize  that  legislation  upon  this  question,  more  than  any  other 

perhaps,  is  a  matter  of  compromise. 

The  bill  has  some  commendable  features  and  future  legislation  must 

be   depended  upon  to  eliminate  the  bad.     Belieying  it  is  the  best  that  can 

be  done  at  this  session,  I  vote  "aye." 

A.  E.  Jackson. 

Mr.  Speakeb — I  voted  "no"  on  the  amendment  which  provided  for  the 

manufacture  of  intoxicating  liquors,  because  I  am  opposed  to  the  same. 

A  majority  of  the  members  of  the  House  incorporated  this  feature  into  the 

bill,  and  as  the  mulct  law  was  in  this  bill,  the  defeat  of  which  might  mean 

the  destruction  of  the  mulct  law,  I  vote  "aye." 

W.  G.  Ladd. 

Mb.  Speakbb — I  am  opposed  to  many  of  the  provisi6ns  of  House  file 
No.  33,  but  as  it  grants  the  manufacturing  of  intoxicating  liquors  to  some 
extent,  although  not  as  fully  as  I  desire,  I  vote  for  the  bill. 

John  T.  P.  Poweb. 

Mb.  8PEAKER— I  voted  "aye"  for  House  file  No.  33,  not  because  I  indorse 

the  mulct  feature  of  the  law,  but  because  it  makes  it  possible  for  our 

people  to  manufacture  wbat  the  mulct  law  permits  to  be  sold,  and  while 

objectionable  and  anjust  in   many  of  its  provisions  and  hypocritical  in 

others,  it  is  a  narrow  step  in  the  right  direction. 

J.  P.  McDowell. 

Mb.  Speakeb — While  this  bill  does  not  fully  meet  with  my  approval,  I 

vote  "yea"  because  it  provides  for  manufacture,  and  is  a  step  in  ihe  right 

direction  and  the  best  thing  we  can  get  at  this  session. 

J.  L.  Wilson. 

Mr.  Temple  offered  the  following  resolution: 

Resolved,  That  when  this  House  adjourns  on  Saturday,  the  twenty- 
seventh  of  February,  it  adjourn  until  10  o^dock  A.  m.  on  Tuesday,  the  second 
day  of  March,  1897. 

Mr.  Ray  moved  to  amend  by  making  it  2  o'clock  p.  m. 
Monday. 

Lost. 

Mr.  Beed  moved  to  amend  by  making  it  9  o'clock  a.  m. 
Monday. 

The  amendment  was  lost  by  a  vote  of  42  to  42. 

Mr.  Bay  moved  to  amend  by  making  it  10  a.  m.  Monday. 

The  motion  was  lost. 

Messrs.  Wood  and  Clark  demanded  a  roll  call  on  the  resolu- 
tion of  Mr.  Temple,  which  resulted  as  follows: 

On  the  question,  ''Shall  the  resolution  be  adopted?"  the 
ye-ris  were: 

Messrs.  Brinton,  Byington,  Chapman,  Cornwall,  Funk,  Gar- 
ner, Gurley,   Haugen,    Hayes,    Hendershot,    Hinman,   Hunt, 


856  JOURNAL  OP  THE  HOUSE.  [Feb.  26, 

Jackson,  Jay,  Johnson  of  Webster,  Johnston  of  Franklin, 
Ladd,  Lambert,  Lauder,  Lavender,  Loomis,  McAchran,  McAx- 
thur,  McDonald,  McNulty,  Marti,  Mayne,  Merriam,  Morrison 
of  Grundy,  Morrison  of  Keokuk,  MuUin,  Nietert,  Nolan, 
Porter,  Power,  Patnam,  Scott,  St.  John,  Temple,  Tibbitts^ 
Voelker,  Watters,  Whittier — 43. 

The  nays  were: 

Messrs.  Allen,  Bailey,  Baker,  Bell,  Bird,  Bowen,  Brighton, 
Clark,  Classen,  Cook,  Crow,  Davis,  Doubleday,  Dowell,  Early, 
Evans,  Pinch,  Prazee,  Priuk,  Good,  Griswold,  Grote,  Hanger, 
Huntley,  Klemme,  Lowry,  McDowell,  Martin,  Miller  of  War- 
ren, Parker,  Perrott,  Prentis,  Ray,  Beed,  Smith,  Spaulding, 
Thompson,  Van  Houten,  Weaver,  Wells,  Whelan,  Williams, 
Wilson,  Wood,^Mr.  Speaker — 45. 

Absent  or  not  voting: 

Messrs.  Brady,  Brant,  Edwards,  Hazen,  Hinkhouse,  McQuin, 
Manahan,  Miller  of  Buena  Vista,  Miller  of  Cherokee,  Potter, 
Sullivan,  Wheeler— 12. 

So  the  resolution  was  lost. 

On  motion  of  Mr.  Spaulding,  the  House  adjourned  until  9 
A.  M.  to-morrow. 


1897.]  JOURNAL  OP  THE  HOUSE.  857 


Hall  of  the  House  of  Refbbsentatives,     ) 
Des  Moines,  Iowa,  Saturday,  February  27,  1897.  ) 

House  met  at  9  a.  m.,  Speaker  Byers  in  the  chair. 
Prayer  by  Rev.  D.  A.  W.  McMillen  of  C!olfax,  Iowa. 
The  Speaker  appointed  as  committee  to  investigate  cost  of 
printing  Code,  Messrs.  Evans,  Hayes  and  Dowell. 

PETITIONS  AND  MEMORIALS. 

Mr.  Ladd  presented  remonstrance  of  citizens  of  Butler 
county,  against  manufacturing  bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Hanger  presented  petition  of  citizens  of  Black  Hawk 
county,  asking  a  2- cent  rate  on  railroads. 

Referred  to  Committee  on  Railroads  and  Commerce. 

Messrs.  Brant,  Power  and  Morrison  of  Grundy  presented 
remonstrances  of  citizens  of  their  respective  counties,  against 
any  increase  of  tax  of  receipts  of  life  insurance  companies. 

Referred  to  Committee  on  Ways  and  Means. 

Mr.  Wells  offeied  the  following  resolution  and  moved  its 
adoption: 

Resolved^  That  on  March  .^8  all  House  conmittee  clerks  be  discharged 
except  the  foUowiDg:  Clerk  of  Ways  and  Means,  clerk  of  Municipal  Cor- 
porations and  clerk  of  Judiciary,  who  shall  be  discharged  March  15;  and 
the  clerk  on  Committee  on  Enrolled  Bills,  who  shall  serye  to  the  end  of 
the  session. 

The  Speaker  declared  the  resolution  out  of  order  because  a 
previous  resolution  had  been  adopted  ordering  the  chairmen  of 
the  several  committees  to  discharge  their  clerks  as  soon  as  the 
work  of  the  committee  is  over. 

On  motion  of  Mr.  Weaver,  House  file  No.  69,  a  bill  for  an 
act  to  revise,  amend  and  codify  the  statutes  in  relation  to  notes 
and  bills,  with  report  of  committee  recommending  passage  with 
amendments,  was  taken  up  and  considered. 

Mr.  Reed  was  called  to  the  chair. 


I 


358  JOURNAL  OP  THE  HOUSE.  [Feb.  27, 

Speaker  Byers  resumed  the  chair. 

On  motion  of  Mr.  Weaver,  further  consideration  of  this  bill 
was  postponed  till  next  Wednesday. 

REPORT  OF  JOINT  COMMITTEE  ON  ENROUCiED  BILLS. 

Mr.  Hauger,  from  the  Joint  Committee  on  Enrolled  Bills, 
submitted  the  following  report: 

Mb.  Speaker — Your  Joint  Committee  on  Enrolled  Bills  respeotfnlly 
report  that  they  have  examined,  and  find  correctly  enrolled,  Senate  file 
No.  50,  a  bill  for  an  act  to  revise,  amend  and  codify  the  statutes  in  relation 
to  the  educational  board  of  examiners. 

G.  S.  GiLBEBTSON, 

Chairman  Senate  Committee. 

W.  E.  Hauger, 
Chairman  House  Committee. 

Ordered  passed  on  file. 

Mr.  Cornwall  moved  that  when  this  House  adjourns,  it 
adjourn  till  9  a.  m.  Tuesday. 

Mr.  Smith  moved  to  amend  by  making  it  10  a.  m.  Monday. 

Lost. 

Mr.  Morrison  of  Grundy  moved  to  amend  by  making  it  2  p. 
M.  Tuesday. 

Carried. 

The  motion  as  amended  was  carried. 

The  Senate  concurrent  resolution  relative  to  revising  the 
rules  of  the  Supreme  Court  was  taken  up  and  adopted. 

The  Senate  substitute  for  House  file  No.  35  was  then  taken 
up,  read  fijrst  and  second  time  and  referred  to  the  Tliird  Division 
of  Code  Revision  Committee. 

Mr.  Bell  offered  the  following  resolution  and  moved  [its 
adoption : 

Mb.  Speaker — I  move  that  a  committee  of  three  be  appointed  *to  draft 
■tiitable  resolutions  in  regard  to  the  life  and  public  services  of  iHon.  John 
P.  Hnskins,  deceased,  who  represented  Washincrton  eounty  in  the  Twen- 
tieth General  Assembly  in  this  Ho«se. 

Adopted. 

The  Speaker  appointed  as  such  committee,  Messrs.  Bell» 
Smith  and  McDowell. 

On  motion  of  Mr.  McArthur,  the  House  adjourned  till  2.  p. 
M.  Tuesday. 


1897.]  JOURNAL  OF  THE  HOUSE.  858 


Hall,  of  the  House  of  Bkpbbsbittatiybs,     ) 
Dss  MoiNBS,  Iowa,  Tuesday,  March  2,  1897.  ) 

The  House  met  at  2  p.  m.  pursuant  to  adjournment,  Speaker 
Byers  in  the  chair. 

Prayer  was  offered  by  Rev.  A.  E.  Cory  of  Boone,  Iowa. 

Mr.  Manahan  asked  that  the  Journal  show  that  had  it  been 
possible  for  him  to  have  been  present  on  Friday,  he  would 
have  voted  for  the  manufacturing  bill. 

The  Journals  of  Friday  and  Saturday  were  corrected  and 
approved. 

PETITIONS  AND  MEMORIALS. 

Messrs.  Frink,  Crow  and  Wood  presented  remonstrances  of 
citizens  of  their  respective  counties,  against  the  amendments 
to  section  19  of  the  chapter  on  elections. 

Referred  to  Committee  on  Elections. 

Mr.  Porter  presented  remonstrance  of  the  Burlington  vol- 
untary  relief  department  at  Moulton,  against  the  Temple  amend- 
ment 

Referred  to  Committee  on  Railroads  and  Commerce. 
Messrs.    'Dowell    and    Wood   presented    remonstrances  of 

citizens  of  their  respective  counties,  against  a  manufacturers' 

bill. 

Referred  to  Committee  on  Domestic  Manufactures. 

Mr.  Merriam  offered  the  f oUowing  petition  and  asked  that  it 
be  printed  in  fuU  in  the  Journal: 

To  THB  MeMBEBB  of  THE  HOUSB  OF  RePBESENTATIVES  OF  THE  StATB 

OF  Iowa — The  members  of  the  Northeastern  Iowa  Press  Association, 
editors  and  publishers  of  the  weekly  newspapers  published  in  the  Third 
and  Fourth  Congressional  districts,  do  respectfully  protest  aga