lowing words: "the owners or proprietors of adjoining lands shall erect and maintain lawful division fences as defined by sections 5032 and 5033; and;" and amending section 5037 by striking out in line. ten, between the words "within" and "month," the word "eight," and inserting in lieu thereof the word "three," Was taken up, and on motion of Senator Vandiver, was ordered engrossed and printed. Senate bill No. 182, entitled An act to amend article 2, chapter five (5) of the Revised Statutes of the State of Missouri, entitled "Animals restrained from running at large," by enacting a new section, to be known and designated as section 358a, Was taken up, and on motion of Senator Vandiver, was ordered engrossed and printed. Senate bill No. 200, entitled An act to amend section 5222 of chapter 74, Revised Statutes of Missouri, 1889, by striking out certain words and inserting in lieu thereof other words, Was taken up, and on motion of Senator Vandiver, was ordered engrossed and printed. Senate bill No. 204, entitled An act to amend an act entitled "An act amending section 624 of chapter 11 of the Revised Statutes of Missouri of 1889, entitled 'Attorneys-at-law,'" approved March 8, 1897, Was taken up, and on motion of Senator Drabelle was ordered engrossed and printed. Senate bill No. 206, entitled An act to amend section 1404 of article 3 of chapter 30 of the Revised Statutes of the State of Missouri, 1889, relating to cities of the second class, Was taken up for engrossment. Committee amendment No. 1 was offered as follows: Amend Senate bill No. 206 by adding thereto the following, to wit: Provided that in no case, shall a petition be necessary to authorize the common council to cause to be graded, constructed, reconstructed, paved or otherwise improved and repaired, any street, sidewalk, alley and public highway or parts thereof within the city; but it may cause such work to be done, and such improvements to be made whenever it may deem the same necessary; provided, however, that in all cases where a majority of the resident real estate owners in front feet on such street, avenue, alley, or public highway or the part thereof proposed to be graded, constructed, reconstructed, paved or macadamized, shall petition the common council to have such street, avenue, alley or public highway, graded, constructed, reconstructed, paved or macadamized, the same shall be ordered done; Which was read first and second times and adopted. Senator Haynes offered the following amendment No. 2 to Senate bill No. 206: Amendment No. 2: Amend section one by inserting between the words "section" and "so" in the 5th line thereof the following: Provided, that in no case shall a petition be necssary to authorize the common council to cause to be graded, constructed, reconstructed, paved or otherwise improved and repaired any street, sidewalk, alley and public highway, or parts thereof, within the city; but it may cause such work to be done, and such improvements to be made whenever it may deem the same necessary: Provided, however, that in all cases when a majority of the resident real estate owners in front feet, on such street, avenue, alley or public highway or the part thereof proposed to be graded, constructed, reconstructed, paved or macadamized, shall petition the common council to have such street, avenue, alley, or public highway graded, constructed, reconstructed, paved or macadamized the same shall be ordered done; Which was read first and second times and adopted. Senate bill No. 206 was then ordered engrossed and printed as amended. Senate bill No. 210, entitled An act to repeal section 8591, Revised Statutes of 1889, and to enact a new section in lieu thereof, Was taken up and on motion of Senator Young ordered engrossed and printed. Senate bill No. 215, entitled An act to amend article 3 of chapter 138 of the Revised Statutes of Missouri, 1889, in relation to the assessment and collection of the revenue, Was taken up and on motion of Senator Whaley ordered engrossed and printed. Message was received from the Governor through his Private Secretary, Mr. Moore. On motion of Senator Davisson, House bill No. 36, entitled An act entitled "An act to repeal section 7514 of article 1 of chapter 138 of the Revised Statutes of Missouri, concerning the assessment and collection of the revenue, and enacting in lieu thereof a new section," Was taken up and read the third time. Senator Young moved to reconsider the vote by which the bill was taken up and read the third time. The motion prevailed. On motion of Senator Orchard, House bill No. 36 was laid over informally. On motion of Senator Fields, House bill No. 84, entitled An act to amend section 7605 of article 3, chapter 138 of the Re vised Statutes of the State of Missouri of 1889, Was taken up, read third time and failed to pass by the following vote: Absent--Senators Burkhead, Childers, Hohenschild, Lyons, McClintic, Absent with leave-Senator Tandy-1. Senator Thomas moved to reconsider the vote by which the bill failed to pass. Senator Young moved to lay that motion on the table. The former motion prevailed. The question recurring upon the passage of House bill No. 84, the roll was called and the bill was passed by the following vote: Absent with leave-Senator Tandy—1. The President declared the bill passed. The title of the bill was read and agreed to. Senator Fields moved to reconsider the vote by which the bill passed. Senator Mott moved to lay that motion on the table. The latter motion prevailed. Senator Busche moved that when the Senate adjourn it do so until Monday, February 13, at 3 o'clock p. m. The motion prevailed. On motion of Senator Fields the Senate went into executive session. The executive session having dissolved, the Senate reconvened. Senator Farris called up the following resolution, and moved its adoption: Resolved, That Senate rule No. 57, providing for secret sessions of the Senate, be and the same is hereby repealed. Senator Vandiver offered the following amendment: Resolved, That members of the press and reporters shall be ex officio members of the executive sessions. Which was read. Senator Rollins moved to refer the resolution and amendment to the Committee on rules. The ayes and noes were called for and the motion prevailed by the following vote: Senator Farris moved to reconsider the vote by which the Senate voted to adjourn until Monday at 3 o'clock p. m. p. m. The motion was lost. Senator Dowell moved to adjourn. The motion was lost. Senator Rollins moved to take a recess until 12:30 p. m. The amendment was lost. The motion to take a recess until 12:30 p. m. prevailed. The hour of recess having expired the Senate reconvened. Senator Childers submitted the following report from the St. Louis Investigating Committee: Senate Chamber of the Fortieth General Assembly of the State of Missouri: Mr. President: Your committee appointed under the resolutions introduced by E. W. Major, Senator from Pike county, Missouri, and representing the Eleventh senatorial district of this body, and which said resolutions were adopted on January 6th and January 19th, 1899, authorizing and directing your said committee, composed of the following named Senators, to wit: E. W. Major, Charles J. Walker, J. H. Childers, B. L. Matthews, Asbery Burkhead and H. H. Hohenschild, to investigate and make diligent inquiry into each and every department of the municipal and State governments of the city of St. Louis, and all its offices and officers, as fully set forth in said resolutions, beg leave to report: That they have been investigating the matters submitted to them by and under said resolutions. That on February 6, 1899, they were taking testimony in regard to the several matters enumerated for their consideration therein at room 235 in the new city hall, in the city of St. Louis and State of Missouri, and particularly relating to the conduct of the officers in the department of the board of examiners for engineers' licenses in said city. That one Harry A. Nuttall was subpoenaed and summoned before said committee to give testimony. That he appeared before said committee and was duly sworn to tell the truth and the whole truth touching his knowledge of said matters being investigated by your committee, and that certain pertinent questions, competent, legal and relevant were asked him by the said committee touching his knowledge of and affecting the official acts of the officers in said department and the sale by them of JOURNAL OF THE SENATE. 163 engineers' licenses, and their illegal acts and as to parties to whom the licenses were sold; all of which matters inquired about were and are necessary to a full and complete investigation of said department by your said committee under said resolution, and as will more fully appear by a stenographic copy of the entire examination of the said witness hereto attached and filed and made a part of this record and report and marked exhibit "A." That the said witness, Harry A. Nuttall, appeared before said committee under the influence of intoxicating liquors, and in the presence of this committee and during its sitting and hearing of evidence, and in his evidence before said committee, was rude, insolent, violent and profane, as will more fully appear by the said evidence hereto attached. That he disturbed by his acts, conduct, bearing and demeanor and profanity, the proceedings of the committee, and was thereby guilty of disorderly conduct in the presence of this committee, and guilty of and stands in contempt of this committee and Senate of the Fortieth General Assembly of the State of Missouri creating said committee. The following questions were framed and asked the witness and answers demanded, which witness refused to answer: 1. State some of the applications that you have had filled out in that way? A. I will not do it. 2. Q. Why? A. Why! Because this committee is not going to take care of these men, they have all got their licenses and have all got good jobs and families to take care of, and if they are brought up here before this committee or if their names get in the newspapers about this thing, they will lose their jobs; this committee is not going to take care of them; this committee is here for what they can get out of it and those men are working for all they get, and I will not tell you or anybody else, and I will not only go to jail, but I will go to hell, if necessary, before I will tell you. 3. Q. State the names of some persons to whose applications for engineers' licenses you have procured signatures of endorsers or persons recommending them? A. I have never went up and got an application for a man yet, after I coached him, that he didn't pass the examination and get a license, but I will not tell you or anybody else who he is, you can do what you please with me. Now you have got it all in a nutshell, there is no use to go into an argument about it, you will not get it. And further testifying said, in answer to the following questions: A. Seven hundred dollars. Q. What was that paid for? A. For me. Q. Who paid it? A. Why, the man who got the papers. Refusing to answer the following questions: |