On motion by Mr. CONLEY, Mr. Hull's and Mr. Murray's instructions were severally laid on the table upon a division of the House-affirmative 25.
Mr. MURRAY made an ineffectual motion to lay the bill on the table.
Mr. CONNER. I do not believe the act of 1859 contains so just provisions as the act of 1857. The act of 1857 has been on the statute book up to this time, and we have heard no complaittt of it till this session; but under the act of 1859 complaints have come up in great numbers. These acts seem to be a fruitful source of litigation, and I am willing to join gentlemen in their repeal saving pending actions.
Mr. CLAYPOOL. My object is to put forever at rest any question that might arise hereafter in relation to the formation of counties by instructing the committee to amend so that nothing in said acts shall be so construed as to effect any county or counties that may have been organized under said acts of 1857 and 1859.
Mr. CONNER. I accept the amendment.
Mr. COBB. We ought to pass laws that will prevent litigation. I believe if the law of 1857 is repealed, there would be a vast amount of litigation, and hence I say we ought to retain that statute.
Mr. HULL. As this amendment does my county all the injustice possible, I. desire to further amend the instructions by adding a Baying clause that any section or part of township may remain within the present limits upon petitioning the commissioners by a majority of voters residing therein.
And then the Senate adjourned.
