1 Senator Ballingal introduced Senate bill No. 158, entitled An act to provide for the holding of courts by the judge of another circuit, and for the selection of a temporary judge in certain cases; read first time. Senator Laken an introduced Senate bill No. 159, entitled An act to revise and amplify the practice, proceedings and jurisdiction in common pleas court; read first time. Senator Phelan introduced Senate bill No. 160, entitled An act to amend chapter 7 of the General Statutes, entitled "of the custody, publication and distribution of the laws and journals," etc.; read first time. The second reading of bills being in order, Senate bills Nos. 148, 149 and 150; read and referred to the Judiciary Committee. Senate bill No. 151; read and referred to the Insurance Committee. Senate bill No. 152; read and referred to the Committee on Education. Senator Edwards of St. Charles, from the Committee on Engrossed Bills, submitted the following report: MR. PRESIDENT: Your Committee on Engrossed Bills, to whom was referred Senate bill No. 119, entitled An act to provide for the levy of a special tax to create a sinking fund for the payment of county bonded indebtedness, beg leave to report that they have considered the same, and find it to be truly engrossed, and that the printed copies thereof furnished to the Senators are correct. A. H. EDWARDS, Chairman. The accompanying bill, Senate bill No. 119 was taken up, read third time and passed by the following vote: AYES-Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborne, Coleman, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Lakenan, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Perkins, Phelan, Pope, Rubey, Seay, Shelby, Terry, Wallace, Wear, Wight, Wilson and Young-30. NOES-Senator Read-1. ABSENT-Senator Major-1. ABSENT ON LEAVE-Senator Paxton-1. SICK-Senator Thompson-1. The question being upon the emergency clause, it was passed by the following vote: AYES-Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborne, Coleman, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Lakenan, Major, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Perkins, Phelan, Pope, Rubey, Seay, Shelby, Terry, Wallace, Wear, Wight, Wilson and Young-31. NOES-Senator Read-1. ABSENT ON LEAVE-Senator Paxton. SICK-Senator Thompson-1. The title of the bill was agreed to. Senator Wight moved to reconsider the vote by which the bill passed. Senator Young moved to lay the motion to reconsider on the table.. Carried. Senator Claiborne offered the following resolution: Resolved, That Senators Edwards, Perkins and Murray, of the Committee on Deaf and Dumb Asylum, are authorized to visit, on behalf of said committee, the Asylum at Fulton. The resolution was read and adopted. Senator Edwards of St. Charles submitted the following report from the Committee on Engrossed Bills: MR. PRESIDENT: Your Committee on Engrossed Bills, to whom was referred Senate bill No. 73, entitled An act to repeal an act entitled an act to more fully provide for the organization of counties into municipal townships, and to further provide for the local government thereof, and repealing all former acts relating thereto, approved March 24, 1873, and also to repeal all acts amendatory of said act, beg leave to report that they have considered the same, and find it to be truly engrossed, and that the printed copies thereof furnished to the Senators are correct. A. H. EDWARDS, Chairman. The accompanying bill, being Senate bill No. 73 was taken up; read third time, and passed by the following vote: AYES-Senators Abney, Ake, Ballingal, Biggs, Claiborne, Coleman, Edwards of St. Charles, Flood, Hudson, Lakenan, Major, Morrisson, Parrish, Parsons, Perkins, Phelan, Pope, Rubey, Seay, Shelby, Terry, Wallace, Wear and Young-24. NOES-Senators Burkeholder, Edwards of Lafayette, Mosby, Murray, Newberry, Read, Wight and Wilson-8. ABSENT ON LEAVE-Senator Paxton-1. SICK-Senator Thompson-1. The title of the bill was agreed to. Senator Biggs moved to reconsider the vote by which the bill passed. Senator Young moved to lay that motion on the table. Carried. Senator Claiborne called up Senate bill No. 31. The bill was read the third time, and passed by the following vote: AYES-Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborne, Coleman, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Lakenan, Major, Morrisson, Mosby, Murray, Parrish, Parsons, Perkins, Phelan, Pope, Read, Rubey, Seay, Shelby, Wallace, Wear, Wight, Wilson and Young-30. NOES-Senator Terry-1. ABSENT ON LEAVE-Senators Newberry, Paxton and Thompson-3. Senator Edwards of St. Charles moved to reconsider the vote by which the bill passed. Senator Abney moved to lay that motion on the table. Carried. The next order of business being bills and other business on the table, Senate bill No. 39 was taken up, and on motion of Senator Terry, recommitted to the Ways and Means Committee. Senator Parrish called for special order, being Senate bill No. 18. The question being upon the adoption of the pending amendment to the bill, as follows, it was lost: Amend section 8 by striking out "except upon compliance with the provisions hereof," and insert in lieu thereof the following, "except he shall sustain such application by a written or oral affidavit, as the court, may direct, which application shall state in full the grounds upon which he makes such application, in compliance with the provisions of this act, except he shall not be obliged to give the name of any witness whom he may deem it the interest of the State to withhold, which fact he shall state in his application; such application may be sustained or overruled in the discretion of the court." Senator Wallace offered the following amendment, which was not agreed to: Amend section 8 by striking out the words "And no criminal case shall be continued on application of the prosecuting attorney, except upon a compliance with the provisions hereof." The bill was then ordered to engrossment. Senate bill No. 77 was taken up, read third time, and failed to pass, by the following vote: AYES-Senators Ake, Ballingal, Claiborne, Coleman, Edwards of Lafayette, Flood, Lakenan, Murray, Shelby and Wilson-10. NOES-Senators Abney, Biggs, Burkeholder, Edwards of St. Charles, Hudson, Major, Morrisson, Mosby, Newberry, Parrish, Parsons, Perkins, Phelan, Pope, Rubey, Seay, Terry, Wallace, Wear, Wight and Young-21. ABSENT-Senator Read-1. ABSENT ON LEAVE-Senator Paxton-1. SICK-Senator Thompson-1. Senator Young moved to reconsider the vote, by which the bill failed to pass. Senator Pope moved to lay the motion to reconsider on the table. Carried. Senate joint and concurrent resolution No. 8; taken up, read the third time, and failed to pass by the following vote: AYES-Senators Ake, Ballingal, Burkeholder, Claiborne, Coleman, Flood, Hudson, Morrisson, Parsons, Phelan, Pope, Seay, Shelby, Terry and Wallace-15. NOES-Senators Abney, Biggs, Edwards of St. Charles, Edwards of Lafayette, Lakenan, Major, Mosby, Murray, Newberry, Parrish, Perkins, Read, Rubey, Wear, Wight, Wilson and Young-17. ABSENT ON LEAVE-Senator Paxton-1. SICK-Senator Thompson-1. Senate bill No. 16, taken up and the accompanying substitute adopted and ordered engrossed. Senate bill No. 3, taken up and ordered engrossed. Senate bill No. 21, was taken up, the accompanying substitute was read, and the bill and substitute, on motion of Senator Pope, recommitted to Committee on Retrenchment and Reform. Senator Claiborne, on leave, submitted the following report from the Penitentiary Committee: MR. PRESIDENT: Your committee, to whom was referred the resolution, instructing them to inquire, if any clerk or other employee of the State penitentiary had been removed and others employed in their place, with an increased salary; beg to report as follows: That they have visited the penitentiary, and upon inquiry learn that there have been but two changes made in the warden's office, since his appointment. When he took charge of the prison, the chief clerk, who was also acting as architect, was receiving a salary of eighteen hundred dollars, with an assistant at six hundred dollars per annum. The present clerk receives but twelve hundred, and the assistant, four hundred and eighty, being a reduction of seven hundred and twenty dollars. per annum. The change in the clerical department was made by the consent and approval of the Governor and Board of Inspectors. Your committee would further report, that there has been no increase in the number of employees, or addition to the salaries paid them, since the present warden took charge of the prison. JAMES R. CLAIBORNE, Chairman of Committee on Penitentiary. The report was received and adopted. Senator Newberry submitted report from the Committee on Blind Asolum, which was laid over informally and 200 copies ordered printed. Senator Flood submitted report from Committee on Lunatic Asylums Nos. 1 and 2, which was laid over informally, and 50 copies ordered printed. Senator Terry rose to a question of privilege, and said: MR. PRESIDENT: Perhaps it would have been in order to take occasion to make any statement which I desire to make on a question of privilege, in the morning, but I was restrained from doing it by the multitude of bills which were laying on the table, as I wished that they might be disposed of before any other business was transacted. As a preface to anything that I may say here this morning, I wish it to be distinctly understood that this is the most unpleasant duty of my life. I have never before, during three sessions of the General Assembly of the State of Missouri, of which I have had the honor to be a member, taken a place on the floor to a question of privilege. But, sir, in this case it seems to have narrowed down to a question not simply of privilege, but to a question of veracity, which is material to me as it is to every gentleman, that has any consideration for his honor. Now, sir, I wish to state further, by way of preface, that it was my wish-and I did something which I seldom do, I went about the floor of this Senate and acted the part of a lobbyist, asking that the motion made by the Senator from Platte (Wilson) yesterday, might prevail-that everything connected with this most unpleasant subject-that is, the confirmation of the Police Commissioners for St. Louis-night be expunged from the journals of the Senate, so that future generations might not read them, or be misled or misguided by their statements, that there were Senators of the Twenty-ninth General Assembly of the State of Missouri who were standing here face to face, and discussing questions that implicated one or the other, by stating that which was not true. Now, Mr. President, anything that would indicate anything that is dishonorable connected with this, I hurl it from me, and I wish it distinctly understood that I would not place anything in the way of my colleague (Senator Phelan) that would in the future put any stone in the path that he has so long traveled. But my colleague (Senator Phelan) has forced this thing upon us. He yesterday refused to expunge from the record that which he stated in his question of privilege as having occurred in executive session, on the occasion in question, and I say to him now, "Lay on Macduff, and damned be he who first cries 'Hold! Enough!"", It is only for me now to place on the record that which I believe to be the truth, and let future generations read it and judge for themselves. I see in the St. Louis Times, alluded to by my colleague (Phelan) that Senators Claiborne, Wilson and myself are accused of giving certain information to the gentleman representing that paper, in connection with the discussion on the day of the confirming of those gentlemen (Basil Duke and D. H. Armstrong) for Police Commissioners. The paper says that "Senators Terry, Claiborne and Wilson believe their statements are true, and will stand by it." Now, I do stand by it. I believe that the information I gave to that paper and other parties was true, literally true, and I propose to stand by it until the end. In the Western Watchman, a paper of which my 'colleague (Senator Phelan) is editor and proprietor, I believe-if I am wrong, I wish to be corrected-I find this article, and I wish this to be made a part of anything I may say here, to-day. "Our worthy Governor's appointments thus far have been received with anything but satisfaction. Especially is this so with the Police Commissionerships. It was expected that the 'Irish element' would receive recognition in the appointment of some leading Irishman, but nothing of the kind took place. We are not an advocate of appointing a man in an office simply because of his nationality, no more than we are opposed to excluding another from office for the same reason. But when a good and capable man, a representative of that nationality which has best helped to raise an individual to the gubernatorial chair, can be found, we think, all other things being equal, that he ought to obtain the preference. It seems, though, to be the fortune of the Irish that they must bear the labors and heat of the day, and all the good things are to be held aloof from them. This, we suppose, is gratitude. As for Governor Phelps, there is hardly an act of his |