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On motion of Senator Downing, the Senate adjourned until tomorrow morning at 10 o'clock.

TWELFTH DAY-WEDNESDAY, January 21, 1885.

The Senate met pursuant to adjournment.

The President in the chair.

A quorum present.

Prayer by the chaplain.

The journal of yesterday read and approved.

Senator Ball introduced Senate bill No. 82, entitled "An act to amend section 1 of an act entitled 'An act to amend section 22 of chapter 1, Revised Statutes, entitled 'Of administration,'" which was read the first time and 50 copies ordered printed.

Senator Ball introduced Senate bill No. 83, entitled "An act to amend section 3514 of article 5, chapter 59, Revised Statutes, entitled 'Of practice in civil cases,"" which was read the first time and 50 copies ordered printed.

Senator Walker introduced Senate bill No. 84, entitled "An act to provide for the grading of a portion of Water street in the City of Jefferson for the use of the State penitentiary," which was read the first time and 50 copies ordered printed.

Senator Walker introduced Senate bill No. 85, entitled "An act to prohibit option deals and the system of future dealings," which was read the first time and 50 copies ordered printed.

Senator Kost introduced Senate bill No. 86, entitled "An act to repeal section 6662, article 1, chapter 145, Revised Statutes, 1879, entitled 'Assessment and collection of the revenue,' and to enact a new section in lieu thereof," which was read the first time and 50 copies ordered printed.

Senator Webster introduced Senate bill No. 87, entitled "An act to regulate sales of real estate under mortgages and deeds of trust and the manner of giving notice thereof," which was read the first time and 50 copies ordered printed.

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Senator McGinnis introduced Senate bill No. 88, entitled "An act in relation to justices of the peace in the City of St. Louis," which was read first time and 50 copies ordered printed.

Senator McGinnis introduced Senate bill No. 89, entitled "An act to amend section 645 of the Revised Statutes of Missouri," which was read the first time and 50 copies ordered printed.

Senator McGinnis introduced Senate bill No. 90, entitled "An act to provide for the appointment of a provisional judge in criminal courts in the City of St. Louis," which was read the first time and 50 copies ordered printed.

Senator Harmon introduced Senate bill No. 91, entitled "An act to prevent extortion and unjust discrimination in the rates charged for transportation of freight on railroads in this State, and to punish the same and prescribe modes of procedure and rules of evidence in relation thereto; and to repeal sections 820, 821 and 822 of article 2, chapter 21, and sections 832, 833, 834, 835, 836, 842, 844 and 847, article 3, chapter 21 of the Revised Statutes of Missouri of 1879, and to establish maximum rates of charges for transportation of passengers," which was read the first time and 50 copies ordered printed.

Senator Bridges introduced Senate bill No. 92, entitled "An act to repeal sections 7081, 7088 and 7089 of chapter 150, article 1 of the Revised Statutes of Missouri of 1879, entitled 'Of public schools,"" which was read the first time and 50 copies ordered printed.

Senator Harmon introduced Senate bill No. 93, entitled "An act to amend section 3833 of chapter 62 of the Revised Statutes of Missouri of 1879, entitled 'Oi recorders of deeds,"" which was read the first time and 50 copies ordered printed.

Senator Simrall introduced Senate bill No. 94, entitled "An act to amend article 3 of chapter 47 of Reyised Statutes of 1879, entitled 'Of liens,' by adding a new section," which was read the first time and 50 copies ordered printed.

The president laid before the Senate the following communication. from Hon. John Walker, Secretary Board of Inspectors of the Penitentiary, which was read:

CITY OF JEFFERSON, January 20, 1885. HON. A. P. MOREHOUSE, President of the Senate:

DEAR SIR-I have the honor herewith to transmit the report of the Board of Inspectors of the Missouri Penitentiary for the years 1883 and 1884, accompanied by reports of the Warden, Physician and Chaplain, also the inventory and appraisement of property belonging to said. institution.

The report was received and referred to the Joint Committee on Printing.

Senator Wear submitted the following report from the Committee on Banks and Corporations:

MR. PRESIDENT: Your Committee on Banks and Corporations, to whom was referred Senate bill No. 1, entitled "An act to repeal section 4193 of chapter 79 of the Revised Statutes of the State of Missouri, 1879, entitled 'Of banking-illegal currency."" beg leave to report that they have duly considered the same and recommend that it do pass; which was read.

Senator Wood offered the following amendment, which was read first and second times and agreed to:

Amend by striking out the whole of section one of said bill and insert the following:

Section 1. That sections 4190, 4191, 4192 and 4193 of the Revised Statutes of Missouri of 1879, be and the same are hereby repealed.

Senator Allen moved that the rule requiring bills to lay over one day be suspended, and that the bill, as amended, be ordered engrossed and printed; which was agreed to.

Senator Downing submitted the following report from the Committee on Criminal Jurisprudence, which was read:

MR. PRESIDENT: Your Committee on Criminal Jurisprudence, to whom was referred Senate bill No. 32, entitled "An act to amend section 507 of chapter 9, article 2, Revised Statutes of 1879, prosecuting and circuit attorneys," beg leave to report that they have duly considered the same, and recommend that it do pass with the accompanying amendment.

Senate bill No. 32 was taken up and the following amendment reported by the committee:

Amend by inserting between the words "seven" and "be," in the second line of section one of original bill, the words "of chapter nine,. article eleven, Revised Statutes of Missouri, entitled 'Of attorneygeneral and prosecuting attorneys."

Amendment read first and second times and agreed to.

Senator Downing submitted the following report from the Committee on Criminal Jurisprudence, which was read:

MR. PRESIDENT: Your Committee on Criminal Jurisprudence, to whom was referred Senate bill No. 36, entitled "An act providing for a county counsellor in counties containing 75,000 inhabitants, or that may hereafter contain that number of inhabitants, or more, prescribing their qualifications and duties, and providing for their compensation," beg leave to report that they have duly considered the same and recommend that it do pass with the accompanying amendment.

Amend section 1 of original bill by striking out the words " and of all such counties as may hereafter contain 75,000 inhabitants, or more, shall," in third and fourth lines of said section, and inserting in lieu thereof, the words "may in their discretion."

Amendment read first and second times and agreed to.

Senator Downing submitted the following report, which was read: MR. PRESIDENT: Your Committee on Criminal Jurisprudence, to to whom was referred Senate bill No. 29, entitled "An act to provide for preliminary examinations before indictment of persons charged with felony," beg leave to report that they have duly considered the the same and recommend that it do not pass.

Senator McGinnis moved that consideration of Senate bill No. 29 be indefinitely postponed, which was agreed to.

Senator Ball submitted the following report from the Committee. on Public and Normal School Education, which was read:

MR. PRESIDENT: Your Committee on Public and Normal School Education, to whom was referred Senate bill No. 17, entitled "An act to amend section 7150 of chapter 150, article 2 of the Revised Statutes of Missouri, Of schools," "beg leave to report that they have duly considered the same and recommend that it do pass with the accompanying amendment.

Senate bill No. 17 was taken up with the following amendment reported by the committee:

Amend bill by inserting the word "time" between the words "the" and "contemplated" in the second section of said bill.

Amendment read first and second times and agreed to.

Senator Ball submitted the following report from the Committee on Public and Normal School Education, which was read:

MR. PRESIDENT: Your Committee on Public and Normal School Education, to whom was referred Senate bill No. 18, entitled "An act to amend section 7132 of chapter 150, article 1 of the Revised Statutes of the State of Missouri, entitled Of schools,"" beg leave to report that they have duly considered the same and recommend that it do pass.

Senator Wood submitted the following report from the Committee on Municipal Corporations, which was read:

MR. PRESIDENT: Your Committee on Municipal Corporations, to whom was referred Senate bill No. 16, entitled "An act relating to appeal bonds of cities and towns," beg leave to report that they have duly considered the same and recommend that the following substitute do pass.

Senate bill No. 16 was taken up with following amendments reported by the committee :

Substitute for Senate bill No. 16:

An act relating to appeal bonds of cities and towns of this State. Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. The cities and towns of this State in taking an appeal or prosecuting a writ of error in any judicial proceeding, shall give bond as required by law, but are hereby released from the obligations of law to furnish security thereon; and all such bonds, when executed by the mayor or other chief officer of such cities or towns in his official capacity, shall be taken in all courts of this State as a full compliance with the law in such cases.

SEC. 2. All acts and parts of acts inconsistent with this act are hereby repealed.

SEC. 3. It appearing that suits are now pending against many cities and towns in the courts of this State from whose decisions said cities and towns may desire to appeal, an emergency, within the meaning of the constitution, is deemed to exist; therefore, this act shall take effect and be in force from and after its passage and approval.

Substitute read first and second times.

Senator Oliver offered the following amendment to the substitute, which was read first and second times and agreed to:

Amend the amendment by striking out the word "and," in the first line of section one, and by inserting between the words "towns " and of," in the same line, and insert the following words: " and counties."

2. And by inserting between the words "towns" and "in," in the 11th line of said section, the following words: "or the presiding judge or justice of the county court of such counties."

The substitute, as amended, was agreed to.

Senator Young moved that the rule be suspended requiring the bill to lay over one day, and that the bill, as amended, be ordered engrossed and printed, which was agreed to.

Senator Wood submitted the following report from the Committee on Municipal Corporations, which was read:

MR. PRESIDENT: Your Committee on Municipal Corporations, to whom was referred Senate bill No. 25, entitled "An act to limit the taxing power of municipal corporations," beg leave to report that they have duly considered the same and recommend that it do pass.

A message was received from the Governor through his private secretary, Mr. Yantis.

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