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Senator Davis, chairman of the Committee on Enrolled Bills, submitted the following report:

SENATE CHAMBER, February 25, 1869.

MR. PRESIDENT-Your Committee on Enrolled Bills have presented to the Governor for his signature bills of the following titles: Substitute for Senate bill No. 14, entitled

An act requiring the president of the board of assessors of the county of St. Louis to certify and transmit to the Auditor an aggregate abstract of the tax books of St. Louis county.

Senate bill No. 118, entitled

An act to amend an act entitled an act to amend chapter ninetyeight of the general statutes, concerning the selling of wine and wine growers.

Senate concurrent resolution No. 15, entitled

Concurrent resolution in relation to the printing and binding of the Agricultural Report for the year 1868, and the distribution of the

same.

On motion of Senator Shelton

The Senate adjourned until to-morrow morning at ten o'clock.

FRIDAY, FEBRUARY 26, 1869.

MORNING SESSION.

The Senate met pursuant to adjournment.

The President in the chair.

Prayer by the Chaplain, Rev. J. Wesley Johnson.

The journal of yesterday read and approved.

The roll of the Senate being called, there were

Present-Senators Blodgett, Boardman, Brown of Shelby, Bruere, Carroll, Cavender, Clark, Conrad, Davis, Dodson, Essex, Filler, Gottschalk, Graham, Headlee, Human, Morrison, Morse, Rea, Ridgley, Rogers, Rollins, Roseberry, Reed, Shelton, Spaunhorst, Todd, Waters and Williams-29.

Absent-Senators Birch, Brown of St. Louis, Evans and Harbine-4.
Absent with leave-Senator Elwell-1.

On motion of Senator Headlee

Leave of absence was granted to the Sergeant-at-Arms.

The pending bill, being

Senate bill No. 178, entitled

An act to provide for the transfer of all moneys belonging to the military departments to the State treasury, and to provide for the payment of the militia for services, and to appropriate money therefor, Was taken up, when

Senator Williams offered the following substitute for the bill and pending amendment:

An act to provide for the transfer of all moneys belonging to the military departments to the State Treasury, and to provide for the payment of the militia for services and appropriating money therefor. Be it enacted by the General Assembly of the State of Missouri, as follows:

SECTION 1. All moneys remaining in the Paymaster General's department and Quartermaster General's department, or in the hands of the Adjutant General as acting Paymaster General and Quartermas ter General under and by virtue of any appropriations heretofore made for any purpose whatever, shall be transferred and paid over by the Adjutant General to the State Treasurer, who shall place the same to the credit of the revenue fund, and shall give duplicate receipts for the same, specifying the amount and to what fund paid, one of which shall be filed in the office of the State Auditor, who shall charge the Treasurer with the same.

SEC. 2. That the sum of sixty-five thousand dollars is hereby appropriated out of any money in the treasury not otherwise appropriated for the payment of the unpaid claims for services of the "Enrolled Missouri Militia," and the "Missouri Militia," for services rendered during the late war, and also the militia actually called out and placed into service in the year 1868, under the orders of the Commander-inChief, for the enforcement of civil law, and to pay for supplies furnished to the last named militia of 1868.

SEC. 3. All claims of militia for services shall be presented to the acting Paymaster General in the same manner and form as heretofore established by the pay department, and when the Paymaster General shall find any claim presented to be just and legal according to the laws, rules and regulations heretofore enacted and adopted, he shall endorse his approval thereon, and deliver the application thus approved by him to the State Auditor, who shall draw his warrant on the Treasurer for the amount due to the person upon the roll, the word "settled." and giving the date when settled. The militia shall be allowed the pay allowed by law at the time when the services were rendered.

SEC. 4. The salaries of the Adjutant General and his clerk shall be paid out of the money appropriated by this act in the same manner as State officers and their clerks are paid, but no other person employed or put on duty by the Adjutant General as such, or as acting Paymaster General or as acting Quartermaster General in either of such offices or any duties connected therewith, shall be entitled to or receive any pay out of any money in the State treasury or other money, whatever, belonging to the State, for such services.

SEC. 5. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed.

SEC. 6. This act shall take effect and be in force from and after its passage;

Which was read the first and second times and agreed to by the following vote, Senator Reed demanding the ayes and noes:

AYES-Senators Blodgett, Boardman, Brown of Shelby, Bruere, Carroll, Clark, Conrad, Davis, Dodson, Essex, Gottschalk, Graham, Harbine, Headlee, Human, Rea, Ridgley, Rogers, Rollins, Roseberry, Reed, Shelton, Spaunhorst, Todd, Waters and Williams-26.

NOES Senators Birch, Brown of St. Louis, Cavender, Evans, Filler, Morrison and Morse--7.

Absent-None.

Absent with leave-Senator Elwell-1.

Senator Reed offered the following amendment:
Amend by striking out sections one, two and three;
Which was read the first and second times, when

Senator Human moved the previous question on the bill and amendment,

Which was sustained.

The question being on the amendment the same was rejected by the following vote, Senator Reed demanding the ayes and noes:

AYES Senators Carroll, Essex, Evans, Morse, Rea, Ridgley, Reed, Spaunhorst and Waters-9.

NOES-Senators Birch, Blodgett, Boardman, Brown of Shelby, Brown of St. Louis, Bruere, Clark, Conrad, Davis, Dodson, Filler, Gottschalk, Graham, Harbine, Headlee, Human, Morrison, Rogers, Roseberry, Shelton, Todd and Williams-22.

Absent-Senators Cavender and Rollins--2.

Absent with leave-Senator Elwell-1.

The bill was then ordered to be engrossed for a third reading on to

morrow.

Senator Bruere moved to reconsider the vote ordering the bill to engrossment;

Which motion was adopted by the following vote, Senator Blodgett demanding the ayes and noes:

AYES Senators Birch, Blodgett, Brown of Shelby, Bruere, Clark, Conrad, Davis, Dodson, Essex, Evans, Filler, Graham, Harbine, Headlee, Human, Rea, Rogers, Roseberry, Shelton, Spaunhorst, Todd, Waters and Williams-23.

NOES Senators Boardman, Brown of St. Louis, Carroll, Morrison, Morse and Reed-6.

Absent-Senators Cavender, Gottschalk, Ridgley and Rollins-4. Absent with leave-Senator Elwell-1.

Senator Bruere moved to suspend the rules, and that the bill be considered engrossed and read the third time;

Which motion was lost by the following vote:

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AYES-Senators Blodgett, Boardman, Brown of Shelby, Bruere, Carroll, Clark, Conrad, Davis, Dodson, Harbine, Human, Morse, Roseberry, Shelton and Williams-15.

NOES-Senators Birch, Brown of St. Louis, Essex, Evans, Filler, Gottschalk, Graham, Headlee, Morrison, Rea, Ridgley, Rogers, Reed, Spaunhorst, Todd and Waters-16.

Absent-Senators Cavender and Rollins-2.

Absent with leave-Senator Elwell-1.

Senator Graham offered the following amendment:

Amend so as to add to section two: That this act shall be so construed that all regularly Enrolled Missouri Militia who served during the war in the State, either under orders of the Governor or of any department or district commander, shall be alike entitled to pay for the length of time they were actually in service;

Which was read the first and second times, when

Senator Morse offered the following amendment to the amendment: Amend by adding a new section: Sec. All claims of Union men who have been raided upon by the Union army or militia, and suffered loss by their unlawful acts, shall also be paid by the Adjutant General in full;

Which was read the first and second times, when

Senator Gottschalk moved the previous question,

Which was sustained.

The amendment to the amendment was then rejected.

The amendment was then rejected by the following vote, Senator Graham demanding the ayes and noes:

AYES-Senators Birch, Brown of St. Louis, Davis, Essex, Evans, Gottschalk, Graham, Headlee, Rea and Reed-10.

NOES-Senators Blodgett, Boardman, Brown of Shelby, Bruere, Carroll, Clark, Conrad, Dodson, Filler, Harbine, Human, Morrison, Morse, Ridgley, Rogers, Roseberry, Shelton, Spaunhorst, Todd, Waters and Williams-21.

Absent-Senators Cavender and Rollins-2.

Absent with leave-Senator Elwell-1.

The bill was then ordered to be engrossed for a third reading on to-morrow.

Senator Shelton moved that the vote by which the bill was ordered to engrossment be reconsidered.

Motion adopted.

Senator Shelton moved that the rule be suspended, the bill be considered engrossed, read the third time and put on its passage;

Which motion was lost by the following vote, Senator Spaunhorst demanding the ayes and noes:

AYES-Senators Blodgett, Boardman, Brown of Shelby, Bruere, Clark, Conrad, Davis, Dodson, Evans, Filler, Gottschalk, Harbine, Headlee, Human, Rogers, Roseberry, Shelton, Spaunhorst, Todd, Waters and Williams-21.

NOES Senators Birch, Brown of St. Louis, Carroll, Cavender, Essex, Graham, Morrison, Morse, Rea, Ridgley and Reed-11.

Absent-Senator Rollins-1.

Absent with leave-Senator Elwell-1.

The bill was then ordered to lie over under the rules.

The following message was received from the House of Representatives by Mr. Colby, Chief Clerk:

MR. PRESIDENT-I am instructed by the House of Representatives to inform the Senate that the following bills have been introduced into and passed that body:

House bill No. 248, entitled

An act to allow a wire or rope cable to be suspended over the Osage river, at Castle Rock, for ferry purposes.

House bill No. 309, entitled

An act to establish the salary of the judge of the probate court of Benton county.

House bill No. 102, entitled

An act to establish a probate court in Ozark county.

House bill No. 183, entitled

An act to amend an act entitled an act to incorporate the city of Bethany.

House bill No. 380, entitled

"An act to authorize the town of Carrollton to issue bonds."

House bill No. 238, entitled

"An act for the benefit of Timothy Holland.”

House bill No. 297, entitled

An act to repeal an act entitled an act regulating the election of county treasurer of Gasconade county, approved January 14, 1860. House bill No. 316, entitled

An act to repeal sections one and two of an act approved December 11, 1855, entitled an act supplementary to an act entitled an act to charter the city of Palmyra, approved November 23, 1855.

House bill No. 322, entitled

An act to amend section thirteen of the act organizing the probate and common pleas courts of Greene county, approved November 23,

1855.

House bill No. 271, entitled

An act to amend section five of an act entitled an act providing for the vacating of streets, alleys, public squares and grounds of towns and cities, and providing for the change of the names of such.

House bill No. 392, entitled

An act to amend an act entitled an act concerning county courts and the jurisdiction thereof in the counties of Ralls, Jasper, Livingston, etc., approved March 19, 1866.

In which the concurrence of the Senate is respectfully requested.
Also, the House has taken up and passed
Substitute for Senate bill No. 59, entitled

S. J.-23

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