The following message was received from the House of Rrepresentatives by Mr. Frame, Chief Clerk: HALL OF THE HOUSE OF REPRESENTATIVES, } MR. PRESIDENT: I am instructed by the House of Representatives of the 29th General Assembly of the State of Missouri, to inform the Senate that the House has organized by the election of the following officers: Hon. John F. Williams, Speaker; Hon. George N. Nolan, Speaker pro tem; T. M. Gardner, Sergeant-at-Arms; And is now ready to proceed with business. GEO. W. FRAME, Chief Clerk. Senator Rubey, chairman of the committee appointed to wait upon the Governor and inform him of the readiness of the Senate to receive any communication he might desire to make, reported that the committee had performed their duty and that the Governor would be ready soon with his message. Senator Phelan moved that the Senate take a recess for ten minutes. Carried. At the expiration of the ten minutes, the President called the Senate to order. The following message was received from the House of Representatives by Mr. Frame, Chief Clerk: HALL OF THE HOUSE OF REPRESENTATIVES, MR. PRESIDENT: I am instructed by the House to inform the Senate that the House is now ready to receive the Senate for the purpose of counting the vote. GEO. W. FRAME, Chief Clerk. Senator Thompson moved that the Senate now proceed to the House of Representatives to meet that body in joint session to count the vote for Governor, Lieutenant-Governor, and other State officers. Carried. Whereupon the Senate proceeded to the Hall of the House of Representatives. The Senate returned to the Senate Chamber, when Senator Claiborne asked leave of absence for Senator Terry until Tuesday morning. Granted. On motion of Senator Wight, the Senate adjourned to meet tomorrow morning at ten o'clock. FOURTH DAY-SATURDAY, January 6, 1877. MORNING SESSION. Senate met pursuant to adjournment. The President, Lieutenant-Governor Colman, in the chair. Prayer by the Chaplain. Journal of yesterday read and approved. The roll of the Senate being called, the following Senators answered to their names: Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborne, Colman, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Paxton, Perkins, Read, Rubey, Shelby, Wear, Wight, Wilson and Young-26. ABSENT―Senators Major, Phelan, Seay, Thompson and Wal lace-5. SICK-Senator Lakenan-1. ABSENT ON LEAVE-Senators Pope and Terry-2. The Governor's message was called up, and was being read by the Secretary, when Senator Edwards of St. Charles, on leave, introduced the following resolution: Resolved, That the message of his Excellency, Governor Charles H. Hardin, be laid upon the table, and that six (6) thousand copies thereof be printed, two thousand of which shall be printed in the German language; five hundred copies to be for the use of the Governor, and the remainder for the use of the Senate. Senator Newberry moved to amend by striking out one thousand copies in German. The question being upon the amendment, the call of the roll was called for, and the amendment failed to pass by the following vote: NOES Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Cole. man, Claiborne, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Paxton, Perkins, Read, Rubey, Seay, Shelby, Wallace, Wear, Wight, Wilson and Young-28. ABSENT Senators Lakenan, Major, Phelan and Thompson-4. ABSENT ON LEAVE-Senators Pope and Terry-2. Senator Wear moved to amend the original resolution by striking out "six thousand copies," and inserting "three thousand copies," and one thousand in German, instead of two thousand, and allowing the Governor two hundred and fifty copies instead of five hundred. The amendment was lost. The question recurring upon the original resolution, it was adopted. The following Message was received from the Governor through This Private Secretary, Mr. Silver: To the Honorable Senate and House of Representatives: By authority of the act of the General Assembly of the State of Missouri of the 20th of September, 1852, the Hannibal and St. Joseph Railroad Company, in the year 1856, mortgaged its lands for a loan of $5 000,000, and in 1858, for an additional loan of $1,500,000, to construct and complete its road. Trustees were named in each mortgage, to make sale of the lands and apply proceeds to the payment of the bonds. By the act of December 10, 1855, by which a loan of the credit of the State of $1,500.000 was made to the company, it was enacted (see Section 18) that after the road should be completed, equipped and in operation, the surplus proceeds of all land sales or other securities provided by the company to raise funds to complete the road, should be paid into the treasury of the State, to be applied by the Treasurer to the returning of the bonds of the State issued and loaned to the company under this or former acts. Learning during the last spring that quite all these motgage bonds had been paid off, I notified one or more of the trustees that it would be their duty under the law to pay the surplus proceeds, if any, into the treasury of this State, to be therereafter applied as directed by law. They replied that nothing would be done by them prejudicial to the rights of the State, but that it would be proper for a court to determine the issue that seemed to be arising between the State and the company, since the latter disputed the claim of the former. Most of the trustees live in Boston, the others in New York. About the middle of last month the company filed their bill in equity, a copy of which is herewith presented, with a copy of each mortgage, in the Supreme Court of the State of Massachusetts, against the trustees, Sidney Bartlett and others. Said bill shows that one hundred thousand acres of land remains unsold; that the trustees have in hands, as proceeds of lands sold, about $173,000 in money, and in obligations of the purchasers of lands, about $2,200,000, and that there remains unpaid of the mortgage bonds $165,400 of principal, with interest from the first day of October last. The bill denies the right or title of the State of Missouri in and to said lands or the proceeds thereof, and makes an argument to show that the State has no interest whatever. The prayer of the bill asks for a decree to the effect that the company be entitled to receive, hold, enjoy and dispose of the lands and proceeds after satisfaction, or providing for the payment of the now outstanding land grant bonds. of the said two respective issues, and that the trustees pay to the company such balance as may be found after a full accounting, to remain in their hands or be chargeable to them, as was derived from the proceeds of said lands, over and above the sum necessary to satisfy or adequately to provide for the satisfaction and discharge of the said outstanding land grant bonds, together with any sum which may be lawfully due to the trustees, in respect to any unpaid compensation or disbursements claimed by them. The State of Missouri is not a party to this suit, nor could she be made one, except on her own motion, and unless a party, no decree could affect her rights. The notice herewith enclosed, addressed to myself as the Executive of the State, and to the Attorney-General, was delivered to me on the date therein mentioned. Although the State is not a party, nor would it be effected legally by any decree that might be rendered, yet the effect of a decree in the case might be disastrous to the State if the trustees were required to and did surrender valuable assets to the company. According to the practice in the Supreme Court of Massachusetts, the return day of the writ of summons issued to the trustees was the first Monday in January, 1877, and the pleadings have doubtless been made up. The Supreme Court of that State is perhaps as able and pure as any in the United States, and without doubt the rights of the State would be truly and justly maintained. In case of intervention by the State, and as it is a case in equity, it is believed that the decree will direct that the counsel for the State, and all costs she may expend be paid out of the assets, if any, that may be in the hands of the trustees. Besides this, I have been advised that the company's agents have intimated that in order to. have an adju. dication of the claim of the State in the case, the company will pay the charges of counsel and other costs. In view of all the facts of the case, I would advise the immediate passage of an act authorizing the Executive of the State to employ suitable counsel and cause the appearance of the State to be entered in the case, and such other proceedings to be had as may be proper to procure an adjudication of the rights and interests of the State in the matters involved in the cause, and also to make an appropriation of three thousand dollars for compensation of counsel and costs in the case, payable only in the event that payment of such compensation and costs shall not be made by the company, or be provided for by the decree of court. EXECUTIVE OFFICE, January 6, 1877. Which was read and laid over informally. C. H. HARDIN, The President laid before the Senate the sixth Biennial Report of the Board of Immigration of Missouri, which was, on motion, laid on the table. Senator Perkins called up Senate resolution No. 6, which reads as follows: Resolved, That the Secretary, Assistant-Secretary, Sergeant-at-Arms, Doorkeeper, Engrossing Clerk, Eurolling Clerk, Official Reporter, Chaplain, and every Clerk of any Committee, employed under any resolution of this Senate, shall receive as compensation for their services the sum of five dollars per day each; the Folder and Messenger three dollars; the Pages and employees of the Doorkeeper, not to exceed six in number, two.dollars and fifty cents per day each; payment in all cases to be made for the timefactually employed as such; and no person employed to any position by the Senate shall hold any position in the House of Representatives, and Resolved, further, That none of the officers or employees above mentioned shall be allowed any mileage. And, upon motion, the same was referred to a special committee of five, to be appointed by the President. Whereupon the President appointed Senators Perkins, Morrisson, Hudson, Young and Wilson as said committee. Senator Newberry introduced the following resolution: Resolved, That the President appoint a committee of three to consider the matter of printing the proceedings of this body, as reported by the Official Reporter, and report what arrangement can be made in regard thereto. Which was, upon motion, referred to a special committee of three to be apointed by the President. Whereupon the President appointed Senators Newberry, Wear and Coleman as said committee. Senator Rubey introduced concurrent resolution No. 1, as fol lows: Resolved by the Senate, the IIouse concurring therein, that a committee be appointed, to consist of three members of the Senate, appointed by the President, and seven members of the House, appointed by the Speaker, to take into consideration the matter of a general revision of the statutes, and report to each house whether or not it is advisable to enter upon that work this session, and in case it be concluded to enter upon said work this session, report; a mode of procedure best calculated to facilitate the work. After discussion, Senator Rubey moved the adoption of the reso lution. Senator Perkins rose to a point of order, that as the Constitution required joint or concurrent resolutions to be read on three dif ferent days, the motion to adopt was not in order. The President decided the point of order well taken, and thereupon Senator Rubey appealed from the decision of the chair, and the question being, "Shall the decision of the chair stand as the judg ment of the Senate?" the same was decided in the affirmative, and the resolution went over accordingly. Senator Wear moved that when the Senate adjourn, it adjourn to meet Monday morning at ten o'clock. Senator Rubey moved to amend by striking out "Monday morning at ten o'clock," and inserting "to-day at two and a half o'clock;" which amendment was lost. The original motion was then adopted, and the Senate adjourned. FIFTH DAY-JANUARY 8, 1877. MORNING SESSION, Senate met pursuant to adjournment. The President, Lieutenant-Governor Colman, in the chair. Prayer by the Chaplain. Journal of Saturday read and approved. The roll of the Senate being called, the following Senatore answered to their names: Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborne, Coleman, Edwards of St. Charles, Flood, Hudson, Major, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Paxton, Perkins, Phelan, Pope, Read, Rubey, Seay, Shelby, Wallace, Wear, Wight, Wilson and Young-30. SICK-Senator Lakenan-1. ABSENT-Senators Edwards of Lafayette and Thompson-2. |