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Statutes, and if put in practice, rights acquired under it would be disputed, resulting in needless litigation.

Very respectfully,

JOHN S. MARMADUKE.

EXECUTIVE DEPARTMENT,

CITY OF JEFFERSON, April 10th, 1885. Hon. M. K. MCGRATH, Secretary of State:

SIR: I return to you a bill, which originated in the House of Representatives, entitled "An act prohibiting herdmen of cattle from driving any cattle from one county to another, and grazing or herding the same on lands not his own or under his control, and affixing a penalty therefor, and providing for the enforcement thereof,” which was presented to me within the ten days next preceding the adjournment of the General Assembly, without my approval.

This bill would create a new offense, an essential element of wbich would be the driving of cattle from one county into another, and singles out herdsmen of cattle as the class against which alone it is directed. On this subject Judge Cooley (const, limit., p. 393) says: "The doubt might arise whether a regulation made for any one class of citizens, entirely arbitrary in its character, and restricting their rights, privileges, or legal capacities in a manner before unknown to the law, could be sustained, notwithstanding its generality. Distinctions in these respects must rest upon some reason upon which they can be defended * * * and those who should claim a right to do so ought to be able to show a specific authority therefor, instead of calling upon others to show how and where the authority is negatived."

The character of the bill is frankly developed in its title. There does not seem to be any good reason why cattle may be driven, grazed or herded in any one county, but must not be driven over into an adjoining county, where precisely the same laws govern, and there grazed or herded with like freedom.

I regard the measure as making an invidious distinction between the citizens of different, it may be adjoining, counties of this State and being of doubtful constitutionality, I withhold my approval.

Very respectfully,

JOHN S. MARMADUKE.

EXECUTIVE DEPARTMENT,
CITY OF JEFFERSON, April 17th, 1885.

Hón. M. K. MCGRATH, Secretary of State :

SIR: I have the honor to return to you a bill entitled “An act to repeal section 1172 of article 4 of chapter 23 of theRevised Statutes of the State of Missouri, entitled 'Of circuit courts;' and also to repeal section one of an act entitled 'An act to amend section 1172 of article 4 of the Revised Statutes of Missouri, entitled 'Of circuit courts,' approved March 31, 1883, and to enact a new section in lieu thereof,” which originated in the House of Representatives and was presented to me within the ten days next preceding the adjournment of the General Assembly, without my approval. The bill is signed only by the Speaker pro tempore of the House of Representatives, and as neither the bill nor the Journals of the two Houses show that the provisions of section 37, article IV. of the constitution were complied with, I withhold my approval.

Very respectfully,

JOHN S. MARMADUKE.

INDEX.

SENATE BILLS.

No.

Bills.

Introduced by

.

1 Act to repeal sec. 4193, banking...73,106, 139, 119, 151,154, Allen.

156, 157, 172, 173, 197, 207, 213
2 to repeal sec. 6880, as amended in 1883, and enact new Parcher.

one, and amend secs. 68749–81-2-5-6, taxation of
railroads......74,106,228,307,370,397,671,596,598,

631,635,613,614,619, 675
3 for redemption of union military bonds held by W. Gideon.

R. Watts.. .74,107,194,211,247,257,542,398, 696
4 to amend secs. 1900 and 1902, challenging jurors in Ryors.
criminal cases..

.74, 107, 131
5 to amend act amending sec. 1167, courts of record... Yancey.

75,81,135,145,160,176,265,368,387,413, 462
6 to amend secs. 1372 and 1373, state census.... .76, 107, Allen.

172,181,200,212, 462
7 to amend secs. 4372 and 1373, state census.....76,107, Simrall.

172,181,200,212, 462
8 to amend secs. 4372 and 1373, state census.. .76,107, Baldwin.

172,181,200,212, 462
9 to repeal sec. 4193, banking...

.77, 107, 19 Jacobs.
10 to amend sec. 802, railroad companies.....77,107,118, Ryors.

158,171,179, 261
11 to amend sec. 1193, banking......

77,107, 429 Halliburton.
12 to amend sec. 7417, swine running at large. ...77, 107, 161 Parcher.
13 to prohibit granting of wine and beer house licenses

Yancey.
and repeal certain sections of chap. 98. .77,108,

277,318,331,373,112,574,743,741, 828
14 to repeal secs. 7087–8_99, schools.

So, 1241 Baldwin.
15 to provide for appointment of assistant prosecuting Baldwin.
attorneys..

.80,124,217, 242,305,314,501,813, 858
16 relating to appeals by cities and towns.....

..80,124,140, Young

141,180, 190
17 to amend sec. 7150, schools....80.1255, 110, 150,100,176, Britts.

257, 269, 270
18 to amend sec. 7132, schools....S0,125,110,150,174,179, Britts.

257, 269, 270
19 to amend sec. 2562, guardians and curators...81,125, Edwards.

135,14,161,177,189,195, 211,273, 288,706,7 14,745, 828
20 to prevent fraudulent divorces...81,125, 195, 208, 246, 255 Britts.
21 to amend sec. 2361, executions....81,131, 15., 170, 199, Webster.

213, 222,332,761,773, 858
22 to amend sec. 3008, judgments in justices courts. Webster.

81, 131, 1611

No.

Bills.

Introduced by

24

27

32

23 Act to amend secs. 7413 and 7417, swine running at large. Parcher.

81,131,148,158,174,178,332,333,507,556, 696
to repeal sec. 5652, and to enact new one, and amend Parcher.
sec, 5653, fences and inclosures.. ...81,132,149,

158, 180, 191,201,218, 212,305,314,668.763,813, 858
25 to limit taxing power of municipal corporations... McGinnis.

81, 132, 141,150,155, 157, 228, 243, 262
26 to regulate civil service of state, etc.....92, 132,374, Halliburton.

582,694, 752
to amend secs. 5452 and 5466, and repeal secs. 5119, Downing
5465 and 7167, and enact new ones, dramshops...

92,132,142,175, 188,265,318,332, 403, 422
28

to protect live stock interests of state....92,132, 240, 251 Walker.
29

to provide for preliminary examination of persons McGinnis.
charged with felony..

92,132, 140
30 to repeal secs. 7087-8-9 and enact new ones, schools. Parcher.

92,132,393,409,450,453,532,533, 666, 670
31

to amend sec. 3 of act in relation to marriage and Bridges.

marriage license......92,132,154,170,175,199,213, 222
to amend sec. 507, prosecuting and circuit at orneys. Simrall.

92,132,139, 150, 161, 177
33 to amend act amending sec, 5627, fees....92, 132, 152, Ball.

170,199,213, 223
34

to reduce compensation of members of general as- Saltonstall.
sembly and amend sec. 6237......92,133, 160, 161,

181, 188, 202
35
to amend sec. 1078, courts of record.....110,133,286, Downing.

306,373, 411
36 providing for county counsellor in certain counties.. Allen.

110,133, 139, 150, 161,178, 301, 763
37 to amend secs. 7, 13 and 14 of act to divide state into Bridges.
congressional districts..,110,143, 243, 247, 254, 278,

287,372,410,425,834,841, 858
38 to repeal sec. 6852, revenue.

.110, 143, 550 Yancey.
39 to amend secs. 6723-4-7 and 6862. revenue...,111,143, Kost.

183,189, 192,274,275,333, 378
40 to amend sec. 1146, courts of record....,111,143, 153, Proctor.

170, 201, 213
41 to amend sec. 151, redemption, sale and conveyance Gideon.
of real estate...

..111, 143
42 to amend chap. 25, damages in actions of tort....118, Halliburton.

143, 196, 208, 211
43 to amend sec. 2790, grand and petit jurors. 118, 143, Allen.

156,170, 200, 213
44 to amend sec. 2562, guardians and curators. .118,143, Wear.

181,189,195,211,273, 288,744,745, 828
45

creating office of district attorney for courts of ap- Oliver.
peals...

....118, 143
46

to amend act prescribing manner of selecting grand O'Brien.
jurors in cities of 300,000 inhabitants....118,14,

153,170, 200,214,333,368, 412
47 to amend act to regulate practice of medicine... 118, Britte,

14,147, 158, 180, 191, 223
48

to require notice of suits in ejectment to be filed for Webster.
record..

,118,111, 184
49

to repeal act of 1857, confirming certain powers to Webster.
citizens of St. Louis county..118,144,277,287,373,

413,195,516, 555
50 to amend secs. 1373 and 1374, offenses against prop- Edwards.
erty...

. 119, 150, 491
51
to amend sec. 5459, dramshops...119,150, 153,170,200, Simrall.

214, 192,573, 696,
52 of limitations on dower and assignments of dowęr.. Allen.

120, 150, 219, 254, 313
53 to define powers and duties of railroad commission- Downing.
ers, etc......

...120, 150,364,393,493,198,501,602,667, 687

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