Senator Edwards of St. Charles, moved to lay that motion on the table. Carried. Senator Edwards of St. Charles, from Committee on Engrossed Bills, submitted the following report: MR. PRESIDENT: Your Committee on Engrossed Bills, to whom was referred Senate bill No. 5, entitled An act to amend section 5 of an act entitled an act amending chapter 124 of the General Statutes, in relation to the settlement of the accounts of executors and administrators, approved February 22, 1867, the same being section 8, article 5, chapter 2 of Wagner's Statutes, 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 bill was read a third time, and passed by the following vote: AYES-Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Olaiborne, Coleman, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Lakenan, Major, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Paxton, Pope, Read, Seay, Shelby, Terry, Thompson, Wallace, Wilson and Young-29. NOES-Senator Rubey-1. ABSENT Senators Phelan, Wear and Wight-3. SICK-Senator Perkins-1. Senator Seay moved to reconsider the vote by which the bill passed. Senator Terry moved to lay that motion on the table. Carried. 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 substitute for Senate bill No. 40, entitled An act regulating the payment of the expenses of the St. Louis Court of Appeals and the salaries of the judges thereof, 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. Senator Pope moved to lay the bill over informally. Lost. The bill was then read a third time, and passed by the following vote: AYES-Senators Abney, Ake, Ballingal, Biggs, Claiborne, Coleman, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Lakenan, Major, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Paxton, Pope, Read, Rubey, Seay, Shelby, Terry, Thompson, Wallace, Wilson and Young-29. NOES-Senator Burkeholder-1. ABSENT-Senators Phelan, Wear and Wight-3. The question then being upon the adoption of the emergency clause, it failed to pass by the following vote: AYES-Senators Abney, Ake Ballingal, Biggs, Claiborne, Coleman, Edwards of St. Charles, Flood, Lakenan, Morrisson, Murray, Newberry, Parsons, Paxton, Rubey, Seay, Shelby, Terry, Thompson and Wallace-20. NOES-Senators Burkeholder, Edwards of Lafayette, Hudson, Major, Mosby, Parrish, Pope, Read, Wilson and Young-10. ABSENT Senators Phelan, Wear and Wight-3. SICK-Senator Perkins-1. Senator Seay moved to reconsider the vote by which the emergency clause failed to receive a two-third's majority. Carried. Senator Thompson moved a call of the Senate, whereupon the roll of the Senate was called, and the following Senators were found. to be present: Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborne, Coleman, Edwards of St. Charles, Elwards of Lafayette, Flood, Hudson, Lakenan, Major, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, Paxton, Phelan, Pope, Read, Rubey, Seay, Shelby, Terry. Thompson, Wallace, Wear and Wilson-31. ABSENT Senators Wight and Young-2. SICK-Senator Perkins-1. Senator Phelan moved that further proceedings under the call of the Senate be dispensed with. Carried. The question recurring upon the adoption of the emergency clause, it failed to pass by the following vote: AYES-Senators Ake, Ballingal, Biggs, Claiborne, Coleman, Edwards of St. Charles. Flood, Hudson, Lakenan, Morrisson, Murray, Newberry, Parsons, Paxton, Seay, Shelby, Terry, Thompson and Wallace-19. NOES-Senators Abney, Burkeholder, Edwards of Lafayette, Major, Mosby, Parrish, Phelan, Pope, Read, Rubey, Wear and Wilson-12. ABSENT-Senators Wight and Young-2. SICK-Senator Perkins-1. Senate bill No. 41, was taken up. Senator Thompson moved to reconsider the vote by which the bill was ordered engrossed. Carried. Senator Thompson moved to amend the bill by striking out the word "and" before" Warren," and inserting "and Lincoln" after the word "Warren." Carried. The bill as amended was then ordered to engrossment. Senator Wear moved to commit the bill to the Committee on the St. Louis Delegation. Carried. On motion of Senator Seay, the Senate adjourned. TWENTY-FOURTH DAY-WEDNESDAY, January 31, 1877. MORNING SESSION. Senate met pursuant to adjournment. The President in the chair. Prayer by the Chaplain. A quorum present. Journal of yesterday read and approved. Senator Phelan moved a call of the Senate, whereupon the roll was called, and the following Senators answered to their names: 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, Paxton, Phelan, Pope, Read, Ruby, Seay, Shelby, Terry, Thompson, Wallace, Wear, Wight and Wilson-32. ABSENT-Senator Young-1. Senator Pope moved that further proceedings under the call be dispensed with. Lost. Senator Terry moved that the absent Senator be taken in custody by the Sergeant-at-Arms, and brought before the bar of the Senate. Carried. Senator Young, on being brought before the bar of the Senate was excused, and further proceedings of the call of the Senate dispensed with. Senator Abney offered the following resolution: WHEREAS, It is currently reported that there is at the present time confined in the State Penitentiary several convicts who were, at the time of their incarceration, or have since become insane; and, WHEREAS, justice as well as humanity requires a different treatment for this class; therefore, be it Resolved, That the Committee on Penitentiary be requested to investigate the matter, and if additional legislation be required, to report at as early a day as practical by bill or otherwise; read first and second time and adopted. Senator Pope offered the following resolution: Resolved, That the Committee on Penitentiary is hereby instructed to inquire into the expediency of establishing a branch penitentiary at some eligible point within this State, other than the Capital, to the end that the convict labor may be made profitable to the State in the way of defraying the expenses of the parent institution; and that said Committee report as soon as practicable, by bill or otherwise; was read first and second time and adopted. Senator Burkeholder offered the following resolution: WHEREAS, The 24th section of article 12 of the Constitution prohibits the acceptance by any State officer of a free pass or ticket from any railroad or other transportation company, and declares that such acceptance shall be a forfeiture of his office, and, WHEREAS, It is stated that one or more of the Railroad Commissioners of the State has publicly acknowledged the acceptance and use of free passes, and the traveling on railroads free of expense, which is believed to be in direct violation of the Constitution; therefore, be it Resolved, That the Committee on Criminal Jurisprudence is hereby instructed to at once inquire into this matter, and report the facts to the Senate, and their action in the premises at an early day. Senator Young moved to lay the resolution on the table; which was lost by the following vote: AYES-Senators Major and Young-2. NOES-Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborn, Coleman, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Lakenan, Morrisson, Mosby, Murray, Newberry, Parsons, Paxton, Phelan, Pope, Read, Rubey, Seay, Shelby, Terry, Thompson, Wallace, Wear, Wight and Wilson-30. ABSENT-Senator Parrish-1. SICK-Senator Perkins-1. The following message was received from the House by the Assistant Chief Clerk, Mr. Boon: MR. PRESIDENT: I am instructed by the House of Representatives, to inform the Senate that there has been introduced into and passed the House, House bill No. 60, entitled An act to amend section 1 and 2 of an act entitled an act to amend section 56 of an act entitled an act to divide the State into judicial circuits, and for other purposes, approved February 10, 1875. Also, House bill No. 87, entitled An act amendatory of an act entitled an act to amend an act entitled an act dividing the State into judicial circuits, prescribing the times of holding courts therein, and providing for the election of five additional circuit judges and circuit attorneys, approved March 18, 1875, in which the concurrence of the Senate is respectfully requested. DAN. BOON, Assistant Chief Clerk. Senator Wilson moved to amend the resolution offered by Senator Burkeholder, by striking out the words "Criminal Jurisprudence" and inserting "Retrenchment and Reform." Senator Thompson moved to amend the amendment by striking out the words " Retrenchment and Reform" and inserting "Attorney General of Missouri." Lost. The question then being upon the amendment offered by Senator Wilson, it was lost. The question recurring upon the adoption of the resolution, it was adopted by the following vote: AYES-Senators Abney, Ake, Ballingal, Biggs, Burkeholder, Claiborne, Edwards of St. Charles, Edwards of Lafayette, Flood, Hudson, Lakenan, Morrisson, Mosby, Murray, Newberry, Parrish, Parsons, 1 Paxton, Phelan, Pope, Read, Rubey, Shelby, Terry, Thompson, Wallace and Wight-27. NOES-Senators Major, Seay and Wear-3. ABSENT-Senators Coleman and Young-2. Senator Wilson, by unanimous consent, was excused from voting. Senator Wear introduced Senate bill No. 95, entitled An act to amend sections 5, 8, 11, 12 and 11 of an act to regulate the charges of railroad companies, and to provide for the appointment of railroad commissioners, and to prescribe their powers and duties, approved March 29, 1875; read first time. Senator Flood introduced Senate bill No. 96, entitled An act to repeal section 47 of chapter 10 of the General Statutes of Missouri, entitled "Of the State Lunatic Asylum;" read first time. Bills and other business from the House of Representatives being in order, House bill No. 87; was taken up and read first time. House bill No. 60; was taken up and read second time. House bill No. 13; was read second time and referred to Judiciary Committee. House bill No. 14; read and referred to Judiciary Committee. Senate bill No. 89; read and referred to Judiciary Committee. Senate bill No. 88; read and referred to Committee on Retrenchment and Reform. Senate bill No. 91; read and referred to Committee on Penitentiary. Senate bill No. 94; read and referred to Judiciary Committee. Senate bill No. 90; read and referred to Committee on Ways and Means. Senate bill No. 92; read and referred to Judiciary Committee. Senate bill No. 93; read and referred to Committee on Retrenchment and Reform. Senate joint and concurrent resolution No. 15; read and referred to Committee on Constitutional Amendments. Senator Young moved that when the Senate adjourn, it adjourn until to-morrow morning at ten o'clock. Carried. On motion of Senator Young, the Senate adjourned. TWENTY-FIFTH DAY-THURSDAY, February 1, 1877. MORNING SESSION. Senate met pursuant to adjournment. The President in the chair. Prayer by the Chaplain. |