in regard to enlarging the rights of married women; which was referred to the Committee on Judiciary.

Senator Hunter introduced Senate joint and concurrent resolution No. 2, asking Congress to make an appropriation for the improvement of St. Francois river in Missouri, which was read first time and 50 copies ordered printed.

Senator Halliburton offered the following resolution:

A resolution of inquiry concerning a life tenure of office and the State Board of Agriculture.

WHEREAS, The tendency of the times is against a life tenure of office, and long terms, as a rule, tend to an inefficient performance of duties; and,

WHEREAS, The present law governing the State Board of Agriculture of this State makes the tenure of the members of said board a life office; therefore,

Resolved, by the Senate, that the Committee on Agriculture be requested to examine the law governing said board and report by bill or otherwise if any changes are necessary or proper; which was read and adopted and referred to the Committee on Agriculture.

Senator Gideon introduced Senate bill No. 61, entitled "An act to establish an appellate court, to be known as the Springfield Court of Appeals," which was read first time and 50 copies ordered printed.

Senator Farris introduced Senate bill No. 62, entitled "An act to amend section 2 of an act to provide for counting, comparing with the list of voters and examining ballots in cases of contested elections, approved March 27, 1883," which was read first time and 50 copies ordered printed.

Senator Farris introduced Senate bill No. 63, entitled "An act to amend section 5454 of chapter 98 of the Revised Statutes of Missouri, entitled' Of dramshops,"" which was read first time and 50 copies ordered printed.

Senator McGinnis introduced Senate bill No. 64, entitled "An act to amend an act entitled 'An act to provide a jury system in cities having over one hundred thousand inhabitants,' approved April 11, 1879, by adding thereto three new sections," which was read first time and 50 copies ordered printed.

Senator Downing introduced Senate bill No. 65, entitled "An act to amend section 809, article 2, chapter 21, Revised Statutes of Missouri, entitled 'Of private corporations,"" which was read first time. and 50 copies ordered printed.

Senator Cresap introduced Senate bill No. 66, entitled "An act to

repeal section 807, chapter 21, article 2 of the Revised Statutes of Missouri, entitled Of railroads,' and to enact a new section in lieu thereof," which was read first time and 50 copies ordered printed.

Senator Oliver introduced Senate bill No. 67, entitled "An act to repeal an act entitled 'An act to amend an act to facilitate the construction of railroads in the State of Missouri, approved March 23, 1868, being section 52 of article 2 of chapter 37 of Wagner's Statutes, and to limit the amount of stock which any county, city, incorporated town or municipal township may subscribe for the construction of railroads,' approved March 10, 1871," which was read first time and 50 copies ordered printed.

Senator McGinnis introduced Senate bill No. 68, entitled "An act to protect the property of manufacturers, bottlers and dealers in mineral water, soda water and other beverages from the loss of their syphons, bottles and boxes," which was read first time and 50 copies ordered printed.

Senator Simrall introduced Senate bill No. 69, entitled "An act to amend sections 6901 and 6904 of article 9 of chapter 145, Revised Statutes, 1879, entitled 'Of the assessment and collection of the revenue," " which was read first time and 50 copies ordered printed.

Senator Baldwin introduced Senate bill No. 70, entitled "An act to amend section 2953, article 6, chap. 44, Revised Statutes of the State of Missouri of 1879, entitled ' Of justices of the peace,'" which was read first time and 50 copies ordered printed.

Senator Baldwin introduced Senate bill No. 71, entitled "An act to repeal section 2161, chapter 27 of Revised Statutes of Missouri, 1879, entitled' Of descents and distribution,' and to enact a new section in lieu thereof," which was read first time and 50 copies ordered printed.

Senator Baldwin introduced Senate bill No. 72, entitled "An act to amend article 10 of chapter 1 of the Revised Statutes of Missouri, 1879, entitled' Of the administration of the estates of deceased persons,' by adding a new section thereto, and to amend section 103, article 5; section 116, article 6, and section 224, article 10 of said chapter," which was read first time and 50 copies ordered printed.

Senator Baldwin introduced Senate bill No. 73, entitled "An act to amend chapter 37, Revised Statutes of Missouri, 1879, entitled 'Of guardians and curators,' by adding four new sections thereto and to amend sections 2580 and 2601 of said chapter," which was read first time and 50 copies ordered printed.

The following communication was received from the State Board

of Railroad Commissioners, which was, on motion of Senator Yancey, ordered printed:

CITY OF JEFFERSON, January 16, 1885.

To the Honorable, the Senate of the Thirty-third General Assembly of the State of Missouri:

A copy of a resolution of your honorable body, dated 13th inst., as follows: "Resolved, First, that the Railroad Commissioners of this State be and are hereby requested to furnish the Senate with a written statement as to what legislation, in their judgment, is necessary to protect the various shipping interests of the people of this State, and passenger rates," has been received by us.

In reply thereto we would respectfully recommend legislation which will give to the Railr oad Commissioners authority to establish, and proper power to enforce, the adoption of such rates for the transportation of commodities by the railroads of this State as the said commissioners shall find from time to time to be equitable. All unjust discriminations, either as against communities or individuals, all preferred rates and rebates should be stringently provided against, and the power of correcting abuses of the kind specified should be vested in the commissioners.

As regards our opinion concerning passenger rates, we respectfully refer your honorable body to the following extract from our 9th annual report, page 17:

"In view of the fact that passenger rates now limited to three cents a mile on all the railroads in the surrounding States of Illinois, Iowa and Kansas, it is worthy of consideration whether we may not, with propriety, adopt the same rule in Missouri. The average earnings per mile of road are greater in Missouri than in Kansas or Iowa, and but little less than in Illinois."

The lack of authority vested in the commissioners to require the adoption by the railroad companies of the State of such freight rates as may be found by the commissioners to be reasonable and just, is, we think, the only obstacle in the way of accomplishing the object of the law under which the commission was established. We believe, with proper and reasonable discretion allowed by law to the commissioners in the adjustment of freight rates, and with authority given them to enforce the adoption of such rates as might be found by them to be just and reasonable, that the work of the commission would prove satisfactory to the people and just to the railroads.

Since our last annual report was published, the Supreme Court of Missouri has delivered several opinions sustaining the constitutionality of our laws, regulating rates of transportation by railroad, in the sense

that the public, having the right to use, has the right to regulate that

use.

It follows that the protection of that right becomes the duty of public servants.

It therefore seems to us that it is now proper for the legislative department of the State government to clothe that branch of the executive department having supervision of these matters, with sufficient authority to make and enforce all such just and equitable rules and regulations, consistent with the letter and spirit of our laws, as may be found necessary for the full protection of all interests concerned in transportation by railroad.

The law should provide that when found necessary by the commissioners to institute proceedings against any railroad company, the Attorney General of the State should be required to bring suit without delay in the courts where the final decision belongs, which would bring all contested points to an issue at once.

The particular features of a law which will accomplish the purposes herein suggested, are immaterial, except that the most practicable mode is the best.

The following extract from our 8th annual report (for 1882), pages 34 and 35, may not be inappropriate in connection with the subjects of this communication:

"In the year 1875, when this commission was created, there were eleven States having similar commissions. Now there are twenty-two, the number having doubled in eight years. In creating these commissions, some of the States enacted, at the same time, laws fixing maximum rates by statute. This feature has been mainly abandoned. The State of Illinois, in abolishing that feature of her law, adopted the present system, under which the whole matter of arranging schedules of rates is confided to the commissioners. The State of Georgia, in creating her commission, adopted essentially the Illinois plan. In these two States the commissioners are required by the statutes to make schedules of rates for each and every railroad, and power is given them. to restrain the railroad companies from exceeding these rates.

"They have made and enforced their schedules of rates; both the State and federal courts have sustained their action, and sustained the constitutionality of the laws creating them and imposing this duty upon

them.

"The provisions of the constitution of the State of Georgia on this subject are similar to ours, but the language is not identically the same. The constitution of Illinois reads word for word like ours. The General Assembly shall, from time to time, pass laws establishing reason

able maximum rates of charges for the transportation of passengers and freight.

"Volumes of argument have been adduced to prove that the literal meaning of this language is, that the General Assembly shall pass laws establishing maximum rates by statute, and not by a commission, but the courts seem wisely to have apprehended the truth, that to execute an organic law in the only manner in which it can be equitably done, is not only a compliance with its provisions, but the only compliance therewith which is justifiable. In the State of California the power to fix rates is conferred upon the commissioners in the constitution."

Since the above was published the State of South Carolina has adopted the Georgia law regulating railroads, and has a board of railroad commissioners consisting of three members.

Suggestions more in detail than as herein contained, with reasons. given therefor, regarding proper legislation on the subjects of your resolution, would render this commmunication both cumbersome and tedious, and we would suggest conferences with the proper committees of your honorable body at such times as may suit their convenience, to fully discuss the important subject under consideration, with the view of bringing about legislation concerning State regulation of railroad traffic, which may be just and equitable, and fully protect the various interests of all concerned.

If we have not, in this communication, complied with the letter and spirit of your resolution, we will gladly, at any time, furnish the Senate or its committees with any information in our power. By order of the Railroad Commissioners.

Senate bills on second reading:

H. H. GREGG,

Secretary.

Senate bill No. 21, entitled “An act to amend section 2361 of chapter 32 of the Revised Statutes of Missouri, entitled 'Of executions," " was taken up, read second time and referred to the Committee on Judiciary.

Senate bill No. 22, entitled "An act to amend section 3008 of chapter 41, article 7 of the Revised Statutes of Missouri, relating to judgments and their incidents in justices courts," was taken up, read second time and referred to the Committee on Justices of the Peace.

Senate bill No. 23, entitled "An act to amend sections 7413 and 7417 of chapter 159 of Revised Statutes of Missouri, 1879, entitled 'Of swine running at large,'" was taken up, read second time and referred to the Committee on Agriculture.