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Brevier Legislative Reports, Volume XIV, 1873, 608 pp.
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INTOXICATING LIQUORS.

Mr. Beeson now renewed his motion to take up the new temperance bill [H. R. 327.]

The motion was agreed to y yeas 28; nays 21.

page: 188[View Page 188]

Mr. Slater made an ineffectual motion to adjourn.

Mr. O'Brien moved that the bill be read a third time, and upon that he demanded the previous question.

Mr. Boone moved to recommit the bill to the Temperance Committee with instructions to amend in section 1, by inserting after the word liquors the words: "except for mechanical, medicinal and sacramental purposes, and all fermented liquors, wine and cider."

In section 2 strike out the words: "is in proper form and that it."

In faction 6 strike out all after the words "intoxicated"' including the words "or to persons who," etc.

Strike out all of section 8.

Strike out of section 9 all of said section after the word "dollars."

Strikeout all of section 12 after the word "person" beginning with the words: "and any person or persons renting, leasing," etc.

Strike out all of section thirteen.

Strike out all of section fourteen after the word "days" beginning with the words, "for violation of the provisions" etc.

Strike out all of the eighteenth section.

Strike out all of the fifteenth section.

Mr. Friedley, of Lawrence, and Mr. Hall and Mr. Brown addressing the chair, the latter demanding a division of the question [Mr. Chapman in the chair.] Mr. Hall being recognized, demanded the previous question.

The Senate seconded the demand and ordered the main question to be put, by yeas 27, nays 22.The presiding officer stated the first question to be on the motion to recommit.

Mr. Brown said that was the first last, and only question before the Senate.

Mr. Hubbard made the point of order that it takes a majority of the Senate to order a division of the question.

The presiding officer sustained the point of order on the ground that a demand for a division of the question can not be made after the previous question is ordered.

Mr. Brown appealed from this decision of the chair.

The motion to recommit the bill was rejected by yeas 24, nays 25.Mr. Dwiggins moved that the bill be read the third time and put upon its passage, and upon that motion demanded the previous question.

Mr. Brown now rose to a privileged question, and sent up his appeal from the decision of the chair.

The Presiding Officer. The appeal will be attended to at the proper time.

Mr. Brown asked the Chair to decide whether the sending up an appeal is not a privileged question.

The Presiding Officer. I belive not.

Mr. Brown desired to know what condition the appeal is in.

The Presiding Officer said the Chair demanded that it should be sent up in writing, but it was not sent up till now.

Mr. Brown. It is up now.

The Presiding Officer. It is too late now.

Mr. Brown was proceeding to reply, but the gavel of the Presiding Officer restrained him. He desired to make another point of order but was admonished by the chair to take his seat.

A motion was made to adjourn, out the Presiding Officer decided it out of order, because there was a motion pending for the previous question.

The demand for the previous question was seconded by the Senate.

Mr. Brown inquired to what extent the previous question goes.

The Presiding Officer replied that it went until the main question is put - that is the passage of the bill.

Another motion to adjourn was ruled out of order, because the previous question had been seconded.

The bill was then read the third time and passed by year 30, nays 19, as follows:

Yeas - Messrs. Armstrong, Beardsley, Beeson, Boone, Brown, Bunyan, Chapman, Collett, Daggy, Daugherty, Dwiggins, Friedley of Scott, Friedley of Lawrence, Hall, Harney, Haworth, Hough, Howard, Hubbard, Miller, Neff, O'Brien, Oliver, Orr, Rhodes, Ringo, Scott, Sleeth, Steele and Taylor - 30.

Nays - Messrs. Beggs, Bird, Bowman, Carnahan, Cave, Dittemore, Fuller, Francisco, Glessner, Gooding, Gregg, Sarnighausen, Slater. Smith, Stroud, Thompson, Wadge, Williams and Winterbotham - 19.

Messrs. Bird, Brown, Collett, Gooding, Harney, Hough, Neff, Orr, Slater, Sleeth, Thompson, Wadge, Winterbotham, Friedley, of Lawrence and Boone, making explanations, which will appear in the Brevier Legislative Reports.

Mr. Slater moved to amend the bill, to wit: "An act to create drunkenness, to provide emergencies therefor, and to encourage litigation and benefit lawyers."

The Presiding officer decided it out of order.

Mr. Dwiggins moved to reconsider the vote just taken, and to lay this motion on the table.

Pending which -

On motion, the Senate took a recess till three o'clock P. M.

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