AFTERNOON SESSION.
The Lieutenant Governor announced the question to be on the motion to lay on the table the motion to reconsider the vote by which the temperance bill was passed the Senate.
Mr. Brown rose to the point of order that his appeal from the decision of the chair had precedence.
The Lieutenant Governor directed the reading of the appeal, to-wit.
The question being to commit House bill No. 237 with the instructions offered by the Senator from Boone to the Committee on Temperance, the Senator from Jackson, before the demand for the previous question was seconded, demanded a division of the question. The Senator from St. Joseph raised the point of order that the Senator from Jackson had no right to make such demand, which point of order was sustained by the President of the Senate [Mr. Chapman in the chair], and from which decision we, the undersigned appeal to the judgment of the Senate.
JASON B. BROWN,
M. R. SLATER,
B. GREGG.
Mr. Brown spoke in support of the appeal.
Mr. Chapman replied that the time was passed for the consideration of the appeal, that there is no power to get it in after business was done.
The Lieutenant Governor held that the rules of the Senate as well as parliamentary law allows a reasonable time for the Senator to prepare his appeal. He cannot be limited as to time. He must have the time necessary to prepare his appeal. According to the statement of Senators, upon which we must rely, the appeal in this case was prepared with at least reasonable dispatch. The chair decided that the appeal may be considered now.
Mr. Hall moved to lay the appeal on the table. The vote thereon resulted, yeas 23; nays 23.
The Lieutant Governor giving the casting vote that the appeal shall not lie on the table.
Mr. Brown, now having a decison in favor of the appeal, and not desiring to take up the time of the Senate further with its consideration, obtained the consent of the Senators signing it with him, and withdrew it.
The pending motion to lay on the table a motion to reconsider the vote, by which the temperance bill [H. R. 327] was finally passed, the Senate was agreed to by yeas 27; nays 21.
page: 189[View Page 189]ADJUTANT GENERAL TERRELL'S REPORT.
Mr. Orr offered a concurrent resolution authorizing a distribution of the Adjutant General's Reports - one set of eight volumes each to every Senator.
Mr. Friedley, of Scott, moved as a substitute that said reports be distributed one set to each member and employe of the General Assembly.
Mr. Orr accepted the substitute.
Mr. Dittemore moved to amend the substitute by directing their distribution to the several County Clerks, to bo placed in the county librarian, lie desired they should go into each county M a monument of the extravagance in printing them at a cost of $85,000.
On motion by Mr. Rhodes, it was laid on the table.
Mr. Sleeth moved to amend by authorizing the Librarian to retain 100 sets for the State; and, at the suggestion of Mr. Brown, added that one copy be went to each college in the State.
On motion by Mr. Williams, the whole matter was referred to the Committee on County and Township Business.
Mr. Gooding moved to take up the bill for re-districting the State for judicial purposes, to abolish the Court of Common Peas, etc. He withheld his motion for
THE ASSESSMENT LAW.
Mr. Williams, on whose motion the bill [S. 294] amending the assessment law of December 21, 1872.
Mr. Gregg moved to amend so that the publication of the delinquent list shall be let out by the Auditor and Treasurer of each county to the lowest bidder at not to exceed fifty cents per description.
Mr. Fuller moved to lay on the table all amendments to the bill.
This motion was agreed to.
Mr. Williams moved to dispense with the constitutional rule that the bill may be read the third time now and put upon its passage.
The motion was agreed to by yeas, 40, nays, 0, and the bill was read the third time.
Mr. Smith called attention to what he regarded as a great wrong in the section of the bill.
Mr. Hough moved to recommit with instructions to strike out and insert.
Mr. Boone moved to further instruct the committee to strike out the second section.
On motion of Mr. Bunyan, Mr. Hough's motion was laid on the table.
On motion by Mr. Gooding, the vote ordering the bill to the third reading was reconsidered and the bill was recommitted to the Judiciary Committee.
Mr. Friedley offered a resolution allowing O. M. Wilson $1.50, for preparing calendar of bills at the close of the session of 1869.
On motion by Mr. Fuller it was referred to the Joint Committee on Claims.
On motion by Mr. Dwiggings the bill [S. 215] was referred to the Committee on Reports.
On motion by Mr. Rhodes the bill [S. 299] was referred to the Committee on Fees and Salaries.
REORGANlZATION OF THE JUDICIARY.
Mr. Gooding called up the special order, the bill [S. 238] redistricting the State for judicial purposes, abolishing the Courts of Common Pleas, etc, the question being on concurring in the report of the committee, substituting new matter for the districts.
The report was concurred in.
Mr. Friedley, of Lawrence, moved to dispense with the constitutional restriction that the bill may be read by title only for the second reading.
This motion was agreed to by yeas 35, nays 5, and the bill was read by title only for the second reading.
Mr. Williams' amendment, reorganizing the Eleventh and Twelfth District, coming up,
Mr. Cave desired his dsstrict to remain just as it is, and he moved to lay the amendment on the table.
Mr. Gooding knew some of the Representatives from those counties were opposed to the amendment. Unless a redistricting bill is passed, the salaries of judges will not be raised in all probability. A great deal depends on the passage of this bill, and in order that it may pass, all the strength possible should be obtained for it.
Mr. Williams thought the Representatives were about equally divided in opinion about the change proposed in his amendment, and was willing now to let the Senate decide, and for that purpose demanded the yeas and nays.
Mr. Cave moved to lay the amendment on the table.
The motion was agreed to by yeas 22, nays 21.
Mr. Smith moved to amend section thirty-four by striking out "Marshall and Kosciusko" and inserting in lieu ''Miami," and substituting, in section seventy ''Miami" for "Marshall and Kosciusko;" and he also submitted memorials from the bar of Fulton and Miami counties asking that the counties of Fulton and Miami shall constitute a judicial district and another amendment adding a new section to the bill making a District of the counties of Marshall and Kosciusko.
Mr. Hubbard opposed this amendment because it leaves Howard county off by itself unprovided for.
Mr. Smith moved to refer the bill with amendments to the Committee on the Judiciary.
Mr. Gooding and Mr. Glessner opposed the motion to refer.
Mr. Winterbotham knew there was considerable opposition to this bill in his district among members of the bar, a number of whom would be here this evening desiring to be heard before some committee.
On motion by Mr. Fuller, the motion to refer was amended by changing its reference to a committee of the whole Senate, and making it a special order for ten o'clock to-morrow morning.
Mr. Steele moved ineffectually to change the time to Tuesday next at ten o'clock.
The amendment as amended was rejected.
Pending the amendment to the bill submitted by Mr. Smith -
The Senate adjourned till half-past nine o'clock to-morrow.
