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Senator Manring submitted the following report from the Committee on Township Organization, which was read :
MR. PRESIDENT: Your Committee on Township Organization to whom was referred Senate bill No. 163, entitled " An act to amend section 7457, article 5, chapter 162, Revised Statutes of Missouri, Of township organization,”” beg leave to report that they have carefully considered the same and recommend that it do pass.
Senate bill No. 163 was taken up and ordered engrossed.
Senator Cottey submitted the following report from the Committee on Ways and Means, which was read:
MR. PRESIDENT: Your Committee on Ways and Means, to whom was referred Senate joint and concurrent resolution No. 10, submitting to the legal voters of the State of Missouri an amendment to the Constitution thereof, concerning Revenue and taxation,'” beg leave to report that the have considered the same, and recommend that it be referred to the Committee on Constitutional Amendments.
Senate joint and concurrent resolution No. 10 was taken up and referred to the Committee on Constitutional Amendments.
Senator Cottey submitted the following report from the Committee on Ways and Means, which was read:
MR. PRESIDENT: Your Committee on Ways and Means, to whom was referred Senate bills Nos. 80, 86 and 88, beg leave to report that they have considered the same, and recommend that the accompanying substitute, entitled "An act to secure the adjustment and settlement of claims of the State of Missouri against the United States for enrolling, equipping and subsisting militia forces thereof in suppressing the rebellion, and also claims of this State for five per cent. upon government lands disposed of by the United States which have not here. tofore been adjusted,” du pass.
The substitute for Senate bills Nos. 80, 86 and 88, reported by the committee, was taken up and ordered printed.
Senator Byrns submitted the following report from the Committee on Criminal Jurisprudence, which was read:
MR. PRESIDENT: Your Committee on Criminal Jurisprudence, to whom was referred Senate bill No. 170, entitled "An act to amend section 1167, article 4, chapter 23 Revised Statutes of Missouri, relating to circuit courts in the 23d judicial circuit of Missouri," beg leave to re port that they have considered the same, and recommend that it do pass, with the accompanying amendment.
Senate bill No. 170 was taken up and the following amendmentAmend section 1167 by striking out of lines 13 and 14 of the bill the following words: “Be a resident of and "-reported by the committee, was read first and second times and adopted, and the bill ordered engrossed.
On second reading of Senate bills, the following were taken up, read second time and referred:
Senate bill No. 150, entitled "An act to amend section 806, article 2, chapter 21, Revised Statutes, entitled 'Of private corporations,”” to Committee on Judiciary.
Senate bill No. 141, entitled "An act restraining stock from running at large in this State," to Committee on Agriculture.
Senate bill No. 162, entitled "An act in relation to set-off,” to Committee on Judiciary.
Senate bill No. 166, entitled "An act to amend section 3091, chapter 45 of the Revised Statutes of Missouri, entitled “Landlords and tenants,'" to Committee on Judiciary.
Senate bill 167, entitled "An act concerning the liability of cities, towns and persons for damages to persons or property caused by riots," to Committee on Judiciary.
Senate bill No. 190, entitled “An act to amend article 8, chapter 162, Revised Statutes of Missouri, entitled “Of township organization,' by adding a new section thereto in reference to procuring record books and stationery," to Committee on Township Orgaization.
On first reading on House bills, the following were taken up and read the first time:
House bill No. 244, entitled "An act to amend section eight hundred six (806) of chapter twenty-one (21) of article two (2), Revised Statutes of Missouri.”
Substitute for House bill No. 145, entitled "An act to amend sections (2835).twenty-eight hundred and thirty-five and (2836) twentyeight hundred and thirty-six of the Revised Statutes of the State of Missouri, entitled 'Jurisdiction of justices of the peace.”
Substitute for House bill No. 186, entitled "An act to appropriate money for the support of the State government for the years 1881 and 1882."
On second reading of House bills, House bill No. 241 was taken up, read the second time and referred to the Committee on Criminal Jurisprudence.
Senator Morrisson called up Senate bill No. 67, entitled "An act to revise and amend chapter one hundred and fifty of the General Statates of Missouri, 'Of schools,"" and moved that the Senate go into Committee of the Whole for the consideration of said bill, which was agreed to; Senator Hutt in the chair.
The committee arose, and Senator Hutt reported progress and asked leave to sit again; which was agreed to.
A message was received from the Governor through Mr. Farr, Private Secretary.
On motion of Senator Heaston, the Senate went into executive session at 11:15 o'clock, and at 11:30 the Senate resumed regular session.
Senator Manring offered the following resolution, which was read and referred to the Committee on Federal Relations:
WHEREAS, Recognizing the truth of that grand fundamental doctrine of our American system of democratic-republican government, that all just governments derive their power from the consent of the governed; and,
WHEREAS, The people of the United States, enjoying, as they do, the inestimable boon of self-government and constitutional liberty, have always extended to the oppressed and down-trodden people of the world their warmest sympathies when engaged in a struggle for liberty and self-government; and,
WHEREAS, For the last seven hundred years the Irish people have been the victims of the most cruel system of land robbery known to the history of the civilized world, whereby they not only have been robbed of the soil which rightly belonged to them, but of the fruits that soil produced by their labor; and,
WHEREAS, There is now a struggle going on in that unfortunate country between the tenant farmers on the one hand, and the absentee land-owners on the other, by which the former hope to regain and have restored to them the lands which have unjustly been taken from them; therefore,
Resolved, That this Senate does hereby extend to the wronged and struggling people of Ireland, its warmest sympathies and most cordial wishes for the success of the holy cause in which they are engaged, and that we shall hail with gladness the day when the Irish people shall have their right to the ownership of the soil restored to them, and enjoy all the blessings of free homes and free government.
Senator Hutt moved that when the Senate adjourn it adjourn until to-morrow morning at 10 o'clock; which was agreed to.
On motion of Senator Edwards of St. Charles, the Senate adjourned.
FORTIETH DAY-WEDNESDAY, February 23.
The Senate met pursuant to adjournment.
The following message was received from the Governor through his private Secretary, Mr. Farr:
JEFFERSON City, Mel, February 21, 1861.} SIR: I regret that I am compelled to return to the Senate, in which it originated, a bill entitled "An act to amend section twentytwo (22), article 1, chapter 1 of the Revised Statutes of Missouri, relating to administration,” without my approval.
Article 1 of chapter 1, relates to the appointment, qualifications and removal of executors and administrators, and the section sought to be amended by this act defines the duties of judges and clerks of probate courts in taking the bonds and examining the securities required under that chapter.
Section 22 provides that the court, or judges or clerk in vacation, shall take special care to take, as securities, men who are solvent and sufficient, and who are not bound in too many other bonds." How can judges and clerks carry out and make available for the protection of dead men's estates this most salutary provision? The means are provided in the same section: "and to satisfy themselves, they may take testimony or examine on oath, the applicant, or persons offered as his securities," and as an additional safeguard, this requirement is found in the same section: "and said bond shall be signed and executed in the presence of the court, judge or clerk, who shall certify to the same."
I can not conceive of a valid reason for the modification of either of these provisions. No higher duty can claim the attention of the law-maker than the enactment of such laws as will afford the most certain protection to the property of widows and orphans. Deprived of natural protection, in a very large majority of instances, left with but meagre patrimony, a part of which must go to the court in the way of fees, the orphan ought, in confidence, to appeal to the legislator to be surrounded by all the safeguards and protection which the law can give.
It certainly can not be argued that the substitution of the word "require ” for take," and "many" for "shall” in the section as it. now reads, and the addition of the provisions allowing bonds to be “ signed and acknowledged before a notary public or justice of the peace,” will throw any additional safeguards around the management. of estates. Upon the contrary, it seems to me, that it would operate in a directly opposite direction. In my judgment notaries public and justices of the peace ought not to be endowed with plenary power to determine the proper form of a bond, or the sufficiency of the security offered. For, while the amendment does not provide for this in express terms, that would be its practical effects. These officers would not feel the importance and responsibility of such acts as a judge of court, and as a consequence the examination of securities would soon be a mere form, necessary to be gone through with, in order to obtain letters testamentary or of administration.
Judges of probate courts are elected by the people, with a special view to their fitness and fidelity, and ought to have exclusive control of matters of such vital moment to the large and helpless class which would be so seriously affected by the purposed change.
I do not see why the law as it now stands ought to be changed, and I can not give my consent to any alteration, unless I can be convinced that such alterations would afford greater protection to estates. Feeling thus, I cannot approve the bill. Very respectfully,
THOS. T. CRITTENDEN. Hon. R. A. CAMPBELL, President of the Senate.
Senator Manring introduced Senate joint and concurrent resolution No. 12, relating to the absence of members, which was read first time and 50 copies ordered printed.
Senator Caldwell introduced Senate joint and concurrent resolution No. 13, entitled “Joint and concurrent resolution, providing for furnishing township clerks with the Statutes and session acts of the General Assembly; which was read first time and 50 copies ordered printed.
Senator Cottey offered the following resolution, which was read twice and adopted :