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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 which 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.)

HON. 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 the Revised 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.

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1 Act to repeal sec. 4193, banking...73, 106, 139,149,151,154,

2

156, 157,172, 173,197,207, 213
to repeal sec. 6880, as amended in 1883, and enact new
one, and amend secs. 6879-81-2-5-6, taxation of
railroads......74,106,228,307,370,397,574,596,598,

R. Watts..

Introduced by

Allen.

Parcher.

Gideon.

631,635,643,644,649, 675
for redemption of union military bonds held by W.
.74,107,194.211.247,257.542,598, 696
to amend secs. 1900 and 1902, challenging jurors in Ryors.
criminal cases..

.74,107, 431
to amend act amending sec. 1167, courts of record... Yancey.
75,81,135,145,160,176,265,368,387,413, 462

to amend secs. 4372 and 4373, state census.... .76,107, Allen.
172,184,200,212, 462

to amend secs. 4372 and 4373, state census.....76,107, Simrall.

3

4

5

6

7

8

to amend secs. 4372 and 4373, state

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11

12

13

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172,184,200,212, 462
census.....76,107, Baldwin.
172,184,200,212, 462

to amend sec. 802, railroad companies..

..77,107, 449 Jacobs.
.77,107,148,
158,174,179, 264

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Ryors.

.77,107, 429 Halliburton.

to amend sec. 4193, banking.....
to amend sec. 7417, swine running at large....77, 107, 161 Parcher.
to prohibit granting of wine and beer house licenses Yancey.
and repeal certain sections of chap. 98....77,108,
277,318,331,373,412,574,743,744, 828

to repeal secs. 7087-8-9, schools.
.80, 124 Baldwin.
to provide for appointment of assistant prosecuting Baldwin.
attorneys.... .80,124,217,242,305,314,801,813, 858
relating to appeals by cities and towns....80,124,140,

Young.

141,180, 190

to amend sec. 7150, schools....80.125,140, 150, 160, 176,

Britts.

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257,269, 270
to amend sec. 7132, schools....80,125,140, 150, 174, 179,
257,269, 270
to amend sec. 2562, guardians and curators...81,125,
135,144,161,177,189,195,211,273,288,706,744,745, 828

Britts.

Edwards.

to prevent fraudulent divorces...81,125,195,208,246, 258 Britts.
to amend sec. 2361, executions.... 81, 131, 155, 170, 199,
213,222,332,764,773, 858

Webster.

to amend sec. 3008, judgments in justices courts....

Webster.

81,131, 161

No.

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Bills.

23 Act to amend secs. 7413 and 7417, swine running at large.
81,131,148,158,174,178,332,333,507,556, 696|
to repeal sec. 5652, and to enact new one, and amend
sec. 5653, fences and inclosures.......81,132,149,

24

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158,180,191,201,218,242,305,314,668,763,813, 858
to limit taxing power of municipal corporations..

582,694, 752

81,132,141,150,155,157,228,243, 262
to regulate civil service of state, etc.....92, 132,374,
to amend secs. 5452 and 5466, and repeal secs. 5449,
5465 and 5467, and enact new ones, dramshops...
92,132,142,175,188,265,318,332,403, 422

Introduced by

Parcher.

Parcher.

McGinnis.

Halliburton.

Downing.

to protect live stock interests of state....92,132,240, 251 Walker.
to provide for preliminary examination of persons McGinnis.
charged with felony..

Parcher.

...92,132, 140
to repeal secs. 7087-8-9 and enact new ones, schools.
92,132,393,409,450,453,532,533,666, 670
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 attorneys. Simrall.
92,132,139,150, 161, 177
to amend act amending sec. 5627, fees....92, 132, 152, Ball.
170,199,213, 223

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

Saltonstall.

184,188, 202
306,373, 411
providing for county counsellor in certain counties..
110,133,139,150,161,178,301, 763
to amend secs. 7, 13 and 14 of act to divide state into
congressional districts..,110,143,243,247, 254, 278,
287,372,410,425,834,841, 858

to amend sec. 1078, courts of record.....110,133,286, Downing.

Allen.
Bridges.

110,143, 550 Yancey.

to repeal sec. 6852, revenue..
to amend secs. 6723-4-7 and 6862, revenue. .111,143, Kost.
183,189,192,274,275,333, 378
to amend sec. 1146, courts of record.....111,143,153, Proctor.

38

39

40

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to amend act prescribing manner of selecting grand
jurors in cities of 300,000 inhabitants.... 118,144,
153,170,200,214,333,368, 412
to amend act to regulate practice of medicine...118,
144,147,158,180,191, 223
48 to require notice of suits in ejectment to be filed for
record...
...118,144, 184

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

to amend sec. 151, redemption, sale and conveyance Gideon.
of real estate..........
111, 143
to amend chap. 25, damages in actions of tort....118,
143,196,208, 211
to amend sec. 2790, grand and petit jurors..118, 143,
156,170,200, 213
to amend sec. 2562, guardians and curators..118,143,
184,189,195,211,273,288,744,745, 828
creating office of district attorney for courts of ap- Oliver.
peals....

Halliburton.

Allen.
Wear.

O'Brien.

Britts,

Webster.

Webster.

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of limitations on dower and assignments of dower.. Allen.

120,150,249,254, 313

to define powers and duties of railroad commission- Downing.
ers, etc.......120,150,364,393,493,498,501,662,667, 687

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