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SIR: I return to the Senate, with my approval indorsed thereon, a bill of the following title:

"An act to amend section 3311, chapter 52 of the Revised Statutes of the State of Missouri, entitled ' Of mortgages and deeds of trust.'' Respectfully,

THOS. T. CRITTENDEN. Hon. R. A. CAMPBELL, President of the Senate.

Senator McMahan submitted the following report from the Committee on Agriculture, which was read:

MR. PRESIDENT: Your Committee on Agriculture, to whom was referred substitute for House bills Nos. 176 and 233, entitled "An act to repeal sections 5426, 5427,5428, 5429, 5430, 5431, 5432 and 5433, chapter 97, Revised Statutes of Missouri, of dogs,'" beg leave to report that they have considered the same, and recommend that it do pass.

The bill so reported, being substitute for House bills Nos. 176 and 234, 'entitled “An act to repeal sections 5426, 5427, 5428, 5429, 5430, 5431, 5432 and 5433, chapter 97, Revised Statutes of Missouri, 'Of dogs,"” was taken up, read third time and failed to pass by the following vote:

AYES-Senators Allen, Bryant, Bland, Cottey, DeArmond, Dobyns, Edwards of Lafayette, Gottschalk, Headlee, Heard, McMahan, Mabrey, Mackay, Morrisson, Naylor, Stephens and Walker--17.

NOES--Senatora Pehle, Perkins, Rogers and Rouse-4.

ABSENT–Senators Bradley,Cabell, Dungan, Edwards of St.Charles, Hutt, Lloyd, McGrath and Manistre-8.

ABSENT ON LEAVE-Senators Byrns, Caldwell, Heaston, Manring and Jacobs-2.

Senator Pehle moved to reconsider the vote by which the bill failed to pass, which motion was agreed to.

The bill then passed by the following vote:

AYES-Senators Allen, Bryant, Bland, Cabell, Cottey, DeArmond, Dobyns, Edwards of Lafayette, Edwards of St. Charles, Headlee, Heard, McGrath, McMahan, Mabrey, Mackay, Morrisson, Naylor, Rogers, Stephens and Walker_20.

NOES–Senators Gottschalk, Pehle and Perkins-3.

ABSENT–Senators Bradley, Dungan, Hutt, Lloyd, Manistre and Rouse-6.

ABSENT ON LEAVE–Senators Byrns, Caldwell, Heaston, Jacobs and Manring-5.

The title of the bill was read and agreed to.

Senator McMahan submitted the following report from the Committee on Agriculture:

MR. PRESIDENT: Your Committee on Agriculture, to whom was referred substitute for House bill No. 366, entitled "An act to regulate the inspection of tobacco and to appoint tobacco inspector," beg leave to report that they have considered the same, and recommend that it do not pass.

The bill so reported, being substitute for House bill No. 366, was taken up, and, on motion of Senator McMahan, indefinitely postponed.

Senator Cottey submitted the following report from the Committee on Ways and Means :

MR. PRESIDENT: Your Committee on Ways and Means, to whom was referred House bill No: 734, entitled "An act regulating levying of taxes on real estate and personal property in cities containing thirty thousand and less than fifty thousand inhabitants,” beg leave to report that they have considered the same, and return it to the Senate without recommendation.

The bill so reported, being House bill No. 734, was taken up, and, on motion of Senator Heard, referred to the Committee on Banks and corporations.

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 House bill No. 299, entitled "An act to amend section 6685, article 2, chapter 145, Revised Statutes of Missouri of 1879, in relation to the enlistment of property,” beg leave to report that they have considered the same, and return it to the Senate without recommendation.

The bill so reported being House bill No. 299, was taken up and Senator Lloyd moved that the bill be recommitted to the Committee on Ways and Means.

The ayes and noes being demanded, the motion to recommit was lost by the following vote:

AYES--Senators Allen, Bland, Cabell, DeArmond, Gottschalk, Lloyd, McMahan and Mabrey—8.

NOES–Senators Bryant, Cottey, Dobyns, Edwards of Lafayette Edwards of St. Charles, Headlee, Heard, Hutt, McGrath, Mackay, Morrisson, Naylor, Pehle, Rogers, Rouse, Stephens and Walker-17.

ABSENT–Senators Dungan, Manistre and Perkins-3.

ABSENT ON LEAVE–Senators Bradley, Byrns, Caldwell, Heaston, Jacobs and Manring-6.

On motion of Senator Cottey, the bill was then indefinitely postponed.

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 House bill No. 543, entitled "An act for the completion and improvment and furnishing necessary heating apparatus and furniture for the normal school building of the second district, and to appropriate money therefor," beg leave to report that they have considered the same, and return it to the Senate without recommendation.

The bill so reported being House bill No. 543, was taken up, and on motion of Senator Cottey, indefinitely postponed.

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 House bill No. 623, entitled "An act providing for licensing and taxing express companies,” beg leave to report that they have considered the same, and return it back to the Senate and ask to be discharged from further consideration of the same.

The bill so reported, being House bill No. 623;was taken up and on motion of Senator Cottey indefinitely postponed.

Senator DeArmond submitted the following report from the Committee on Judiciary, which was read:

MR. PRESIDENT: Your Committee on Judiciary, to whom was referred House bill No. 728, entitled "An act to define and construe the fourth paragraph of section 3489 of article (4) four of chapter (59) fifty-nine of the Revised Statutes, entitled 'Of the manner of commencing suits and the service of notices,' of practice in civil cases," beg leave to report that they have considered the same, and recommend that it do pass.

The bill so reported, being House bill No. 728, was taken up, read third time and passed by the following vote:

AYES–Senators Allen, Bland, Cabell, DeArmond, Dobyns, Dungan, Edwards of Lafayette, Edwards of St. Charles, Gottschalk, Headlee, Heard, Hutt, Lloyd, McGrath, McMahan, Mabrey, Mackay, Rouse, Stephens and Walker-20.

NOES–Senators Cottey, Morrison, Pehle and Rogers-4.
ABSENT–Senators Bryant, Manistre and Naylor-3.

ABSENT ON LEAVE-Senators Bradley, Byrns, Caldwell, Heaston, Jacobs and Manring—6.

The title of the bill was read and agreed to.

Senator DeArmond moved to reconsider the vote by which the bill passed and to lay the motion to reconsider on the table; the latter motion prevailed.

The following message was received from the House of Represen. tatives through Mr. Purdom, one of the clerks :

MR. PRESIDENT: I am instructed by the House to inform the Senate that the House has taken up and passed Senate bill No. 223, entitled "An act to amend section 1486, chapter 24, article 6 of the Revised Statutes of Missouri, in relation to crimes and criminal procedure."

Also, taken up House bill No. 318, entitled "An act to amend section 1574 of the Revised Statutes, relating to nuisances," and concurred in the following amendment thereto:

Amend by striking out all after the enacting clause and inserting in lieu thereof the following:

Section 1. Section 1574 of the Revised Statutes is hereby amended by striking out the word "or," between brook" and "branch," in the third line, and striking out "of which use is made for domestic purposes," between the words “branch" and "every,” in the third and fourth lines, and inserting in lieu thereof "creek, pond or lake," and by striking out the words "upon premises not his own or," in the sixth and seventh lines, and inserting the words "or near” in lieu thereof, and by striking out the word “a,” between “in” and “public,” in the seventh line, and inserting in lieu thereof the word "any," and by inserting between the words "road" and "any,” in the seventh line, the words “or highway or any of the streams or water courses other than the Missouri and Mississippi rivers," so that said section, as amended, shall read as follows:

Section 1574. If any person or persons shall put any dead animal, carcass or part thereof, the offal or any other filth into any well, spring, branch, creek, pond or lake, every person so offending shall, on conviction thereof, be fined in any sum not less than ten nor more than one hundred dollars. If any person shall remove, or cause to be removed, and placed in or near any public road or highway, or in any of the streams or water courses other than the Missouri and Mississippi rivers, any dead animal, carcass or part thereof, or other nuisance, to the annoyance of the citizens of this State, or any of them, every person so offending shall, upon conviction thereof, be fined for every such offense any sum not less than ten dollars nor more than fifty dollars; and if such nuisance be not removed within three days thereafter, it shall be deemed a second offense against the provisions of this section.

Senator DeArmond submitted the following report from the Committee on Judiciary:

MR. PRESIDENT: Your Committee on Judiciary, to whom was referred House bill No. 395, entitled "An act to amend section two thousand seven hundred and forty-three (2743), chapter forty-two (42) of the Revised Statutes of Missouri, 'Of judgments," beg leave to report that they have considered the same, and recommend that it do pass.

The bill so reported being House bill No. 395, was taken up, read third time and passed by the following vote:

AYES–Senators Allen, Bland, Cabell,Cottey, DeArmond, Dobyns, Dungan, Edwards of Lafayette, Gottschalk, Headlee, Heard, Hutt, Lloyd, McMahan, Mabrey, Mackay, Morrisson, Pehle, Rogers, Rouse, Stephens and Walker_22.

ABSENT–Senators Bryant, Edwards of St. Charles, McGrath Manistre, Naylor and Perkins-6.

ABSENT ON LEAVE–Senators Bradley, Byrns, Caldwell, Heaston, Jacobs and Manring-6.

The title of the bill was read and agreed to.

Senator DeArmond moved to reconsider the vote by which the bill passed, and to lay the motion to reconsider on the table; the latter motion prevailed.

The following message was received from the House, through Mr. Hannay, assistant Chief Clerk:

MR. PRESIDENT: I am instructed by the House to inform the Sen' ate that the House has taken up and passed Senate bill No. 112, entitled "An act to appropriate money for the completion of the normal school building of the second district, at Warrensburg."

Senator Lloyd submitted the following report from the Committee on Internal Improvements, which was read:

MR. PRESIDENT: Your Committee on Internal Improvements, to whom was referred substitute for House bill No. 721, entitled "An act relating to railroads," beg leave to report that they have considered the same, and recommend that it do pass with the accompanying amendment.

The bill so reported, being substitute for House bill No. 721, was taken up and the following amendment offered by the committee was adopted:

Amend section I by adding at the end thereof the following words, to wit: "Provided, that before such railroad company shall be required to put in such switch or side track, it may require the party or parties at whose request the same are to be made to enter into an obligation in writing to mine, take out and ship from such shaft or mine not less than an average of three car loads of coal per day during each munth, and whenever such party or parties shall fail to perform the conditions of such obligation, the company may take up and remove such connection with its track, and after the same shall have been taken up or re

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